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02/09/1984I CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 9, 1984 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 February 9, 1984, at 5:40 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager John Harper, City Attorney Joe Kicak, City Engineer Myrna E rway, City Clerk ABSENT: Roy W. Nix, Councilman The meeting was opened with invocation by Reverend Winkler, Inland Christian Center, followed by the Pledge of Allegiance, led by Councilman Rigley. CIVIC CENTER CONSTRUCTION BRIEFING Architect Larry Wolff stated he felt there is a discrepancy in intent between the January 23, 1984 Minutes and the City Attorney's interpretation relative to the earthwork compaction; read a letter dated February 8, 1984 from Roy Taylor, President, Maveric Construction Inc. indicating his firm had expended more than $45,000 in addition to the amount it would have cost to achieve compaction; indicated he had signed Change Order No. 2 in the amount of $30,867.93, which he would consider as a fair compromise if the City agrees to pay that amount; requested resolution of this matter at this meeting. Attorney Harper stated if the contractor feels an unforeseen circumstance has caused him to expend additional funds, he is required to present his case in the form of a change order to the architect; the architect renders a decision relative to the change order, then Council has 30 days to accept or reject that decision; the 30-day period on this decision expires approximately February 22, 1984; recommended that Council consider appealing the architect's decision to arbitration. Council concurred with holding a closed session on this matter. FUND PRESENTATION - SWIMMING POOL RENOVATION Mayor Grant presented a $15,000 check from the Community Redevelopment Agency, and Rex Edmondson, President, Grand Terrace Lions' Club, presented a $12,000 check from the Lions' Club, to Mr. Dick Jacobsen, Page 1 - 2/9/84 Superintendent, Colton Joint Unified School District, to assist with the necessary renovation of the Terrace Hills Swimming Pool. Mr. Jacobsen expressed appreciation for receipt of the funds; invited Mayor Grant and Mr. Edmondson to attend the Board of Directors meeting February 16 to make a similar presentation; indicated the first phase of the renovation has begun and that it appears the renovation funding consists of approximately one-third funding from the City, the Lions' Club, and the School District. CLOSED SESSION Council recessed to a Closed Session at 6:00 p.m. to consider matters of potential litigation, with the City Manager, Attorney Harper, the Finance/Administrative Services Officer, and the City Engineer in attendance. RECONVENE The regular meeting reconvened at 6:22 p.m., with all members present except Councilman Nix. Mayor Grant announced the purpose of the Closed Session was to consider two items of potential litigation; no decision was reached to take action obligating the City on one of the items. Relative to the other item considered, Mayor Grant announced that Council acknowledges receipt of correspondence from Maveric Construction Inc. dated February 8, 1984 which is to be filed and made a matter of public record; stated Council took action in Closed Session to direct the City Attorney to make a written request to go to arbitration relative to the issue of Maveric Construction Inc. FY 1984-85 CAPITAL IMPROVEMENT PROJECTS City Manager Armstead made the following corrections to the Staff Report regarding this matter: (1) References made to a deficit in the capital improvement program in the first and fourth paragraphs were corrected from $202,000 to $169,880; (2) Reference to a $200,000 reserve in Item No. 1 under alternatives was corrected to $230,000. Recommended setting a Public Workshop Session to review the capital improvement projects. Council concurred a 10% utility tax would not be approved, which was listed as one of six alternatives in the Staff Report to consider for revenue to finance the capital improvement projects; set Thursday, February 16 at 5:30 p.m. for a public workshop session on this matter. Councilman Rigley recommended that supplemental information be provided to assist in prioritizing the capital improvement projects, since he understands that as the purpose of the session. Recess was called at 6:33 p.m. and reconvened at 6:35 p.m. with all members present except Councilman Nix. MINUTES - (1-12-84 ) (1-23-84 ) CC-84-21 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES by all present to approve the Minutes of January 12, 1984 as presented. Page 2 - 2/9/84 II CC-84-22 Motion by Mayor by all present presented. Grant, Second by Councilwoman Pfennighausen, ALL AYES to approve the Minutes of January 23, 1984 as CONSENT CALENDAR Item 5C(2), authorizing a $980 allocation for the CDBG Project, and Item G, authorizing bid request for City surplus property, were removed for discussion. CC-84-23 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES by all present to approve the following Consent Calendar Items: A. Approval of Check Register No. 020984; B. RESOLUTION NO. 84-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TER ACE, CA, OPPOSING ALL NEWS MEDIA PROJECTION OR PREDICTION OF PRESIDENTIAL ELECTION RESULTS PRIOR TO THE CLOSING OF POLLS THROUGHOUT THE UNITED STATES; C. Community Development Block Grant Projects: (1) Approve Budget Transfer o—FIT,482.42 from Acct. No. 10-4593-255 to Acct. No. 10-4592-255 to cover cost incurred by Change Order No. 1 (GTC 83-37); D. FY 83-84 TDA ARTICLE 8 FUNDS (1) RESOLUTION NO. 84-03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, AUTHORIZING THE RESUBMITTAL OF THE FY 1983-84 TRANSPORTATION DEVELOPMENT ACT CLAIMS; (2) Authorize the Finance Officer to execute the non -transit and financial reporting forms; E. Authorize the City Manager to attend "March on the Capitol" Seminar in Sacramento February 28; and F. Authorize Budget Transfer of $200 from Acct. No. 10-4801-270 to Acct. No. 10-4370-255 to share cost for Planning Staff Member to attend Planning Commissioners' Institute in San Diego February 29-March 2, 1984. BUDGET ALLOCATION - CDBG PROJECT The City Engineer advised the additional funding required is $1,300 rather than $980, since it is necessary to comply with the Federal wage scale for this project. CC-84-24 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES by all present to authorize the allocation of $1,300 from the 6/30/84 Balance Forward to Acct. No. 10-4592-255 to cover the cost incurred by Change Order No. 2 on Contract No. GTC 83-37, leaving an Adjusted Balance Forward of $553,855. Page 3 - 2/9/84 CC-84-25 BID REQUEST - CITY SURPLUS PROPERTY - UTILITY POLES Councilwoman Pfennighausen questioned and Attorney Harper confirmed this action is legally necessary. Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES by all present to authorize the bid request for City surplus property, utility poles. PUBLIC PARTICIPATION Mr. Richard Reniewicki introduced himself as the Operations Manager for Group W Cable for Grand Terrace; indicated there are in excess of 1,000 customers in the City. Donna Smith stated she and Karen Lee are present to promote the Heartbeat Program which was developed by the Loma Linda University School of Health; indicated screenings will be held at the Fire Department on February 14 and 21. Bea Gigandet, 22743 Miriam Way, voiced appreciation for the installation of the traffic signals at Barton Road and the Freeway. Recess was called at 6:47 p.m. and reconvened at 7:08 p.m. with all members present except Councilman Nix. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Minutes of regular meeting held February 6 will be available next Council meeting; (2) Successful whale -watching tour was held February 5; and (3) Committee plans to revitalize the Train Don't Strain 5-10K Run. Councilman Petta stated the City owns approximately 22 acres on Blue Mountain; recommended making plans and contacting the property owners relative to acquiring the remainder of the Blue Mountain property to be preserved for a wilderness park to benefit the citizens, since that property is not suitable for development. EMERGENCY OPERATIONS COMMITTEE The December 15, 1983 Committee Minutes were provided to Council. CITY MANAGER REPORT City Manager Armstead advised he would attend the "March on the Capitol," sponsored by the League of Cities, in Sacramento February 28; any council member wishing to attend is to notify Staff; a representative from the Chamber of Commerce plans to attend. CITY COUNCIL REPORTS Councilwoman Pfennighausen requested that Staff investigate a resident s inquiry relative to a City street name sign not being located at Rosedale and Palm. Page 4 2/9/84 Mayor Grant reported the following: (1) stated there is a sign on Barton Road past the Stater Brothers' Warehouse going easterly which indicates you are entering Grand Terrace, but there is no sign on La Cadena indicating entering Grand Terrace; feels this gives the impression that none of that area is Grand Terrace; requested that Staff ensure that area is being covered by the street sweeper; doesn't want that area neglected; (2) Attended LAFC Meeting; as alternate, requested that the Commission delay a decision relative to the annexation of a portion of Bloomington by a neighboring city; the Commission voted to support the annexation; and (3) Attended Omnitrans and SANBAG Meetings. APPEAL - WILDEN PUMP & ENGINEERING COMPANY Planning Director Kicak reviewed the Staff Report indicating that Wilden Pump & Engineering Company is requesting a waiver of the dedication and street improvement requirements as specified in Ordinance No. 44 and the General Plan which relate to that firm's proposed expansion program; the February 1, 1984 letter from Mr. Tuck also indicated the required improvements could be considered at such time as the firm develops the remainder of its property. Mr. Kicak stated discussions have been held regarding the possibility of establishing a loop system of streets between the buffer zone and any proposed development, which could eliminate the need for additional widening of the existing residential streets between Michigan and Area "B." Since no specific plan exists at this time, recommended that Council delay the dedication required by Ordinance +� No. 44 and the street improvements required by the General Plan until such time as the firm proposes additional expansion. Motion by Councilwoman Pfennighausen, Second by Councilman Petta, to delay the provisions of Ordinance No. 44 with respect to the requirements for dedication and the installation of street improvements in accordance with the General Plan, at this time. Councilman Rigley noted there is no specific time period for meeting the requirements. Mr. Kicak stated they would be delayed until the firm expands its site again. Attorney Harper advised Council could place a lien on the property to construct the street improvements at some future date and a condition could be placed on the issuance of the present building permit indicating dedication is required at some future date to be determined by the City. It was clarified that Section 9 of Ordinance No. 44 provides for waivers. Councilwoman Pfennighausen requested that the word "delay" be changed to "waive." Councilman Petta, as the Second, did not concur; felt dedication should be required at this time, since the City could require the needed dedication prior to another expansion by Wilden Pump. Mr. Kicak stated the City could require a dedication deed which would not be accepted until needed. Attorney Harper stated if the dedication deed is irrevocable, it can be accepted at any time, and the City would not be liable for the dedication until accepted. 2/gPa e 5 - /84 Mr. Kicak stated curbs and gutters currently exist along the entire frontage, with a sidewalk in a portion of the frontage; however, if the circulation element of the General Plan were implemented, an additional eleven feet of dedication would be required and the curbs and gutters would be required to be moved back ten feet. Allen Tuck, Vice -President, Wilden Pump & Engineering Company, stated that portion of Van Buren is 1,200 feet long; the entire southerly side has been improved, with the exception of a portion of sidewalk, within the last two years, a portion of which was at City expense. Questioned the advisability of tearing out the present improvements, since the future development of that area is uncertain; his firm does not want to eliminate the present landscaping; feels it will be some time before Michigan becomes a four -lane street; stated his instructions are that his firm has considered and is not interested in alternatives; feels his firm has been one of the most rapidly growing and aggressive firms in the City, and there will be an opportunity to widen the street later if necessary; requested that the requirements be waived. Councilman Petta concurred with waiving the street improvement requirements, since development is uncertain at this time; however, felt dedication will be required sooner or later, and that the City might need the dedication prior to the firm expanding further. Motion by Councilman Petta, Second by Councilman Rigley, to amend the Motion to require dedication at this time. Mr. Kicak clarified that requiring dedication at this time means the firm would be required to furnish a document offering the dedication of eleven additional feet for public purposes; then if the City wishes to widen the street in the future, it can accept the dedication, or the dedication can be vacated later if it becomes evident the right-of-way will not be required. Councilman Petta stated the City has just gone through a costly process of appraisals and purchasing right-of-way to widen Barton Road; had dedication been acquired previously, this would have been unnecessary; feels this is why dedication should be required at this time. David Terbest, 22365 Barton Road, stated as a member of the Chamber of Commerce Economic Development Committee, that Wilden Pump is the largest employer in the City, providing a good tax base; voiced concern that if business firms are harassed the City will lose them; recommended supporting the waiver. Councilman Petta stated the intent is good business, not harassment, and involves no money; if the dedication is not needed, it will be given back. Councilwoman Pfennighausen felt progress is being stopped since it has taken much time for Wilden Pump to proceed with its expansion; disagreed with Councilman Petta's comments relative to right-of-way acquisition on Barton Road, feeling those property owners have had their properties decreased and what the City paid was reasonable. Councilman Petta stated it was necessary for the City to purchase right-of-way and in one instance had to purchase a street due to the County's failure to require dedication. Page 6 - 2/9/84 Attorney Dougherty, representing Wilden Pump, stated the firm feels dedication should not be required until the future development of that area is more certain. Mr. Tuck stated his instructions are that imposing the requirements will stop Wilden Pump in the City; the firm wants to reserve participation in the planning of its property; not prepared to dedicate. Councilman Petta stated these requirements are no different than what would be required of any other development; if the requirements are improper, then they should be eliminated. Questioned if the City Engineer would feel comfortable removing the requirements. Mr. Kicak stated this involves the General Plan and circulation element which have gone through the public hearing process and have been accepted by the Planning Commission and Council as the tool to work with in trying to provide what the Planning Commission and Council have viewed as the future needs for development of that area; Staff has the obligation to require the dedication, based on the General Plan, which is a requirement imposed on every building permit issued by the City. Councilman Petta stated his position is that every developer who comes in for a building permit has the same requirements; questioned how requirements can be imposed on other developers if not required in this case. Councilwoman Pfennighausen stated Staff has recommended waiving the requirements at this time; felt imposing the requirements when future development is unknown is harassment. John Mathews, 11733 Eton Drive, stated the City of Redlands has agreements to improve when it becomes necessary; recommended a similar agreement. Councilman Rigley questioned and the City Engineer confirmed the City has used a similar process for agreements; however, Mr. Tuck has stated they would not consider this option. Councilman Rigley questioned how such an agreement would adversely affect the firm. Mr. Tuck stated his firm has considered building another facility in Riverside; felt the 11-foot dedication would make the facility unattractive; feels Council should support local industry or the address will be Riverside, not Colton; indicated the City Manager had previously questioned the address being Colton rather than Grand Terrace; the firm felt the change would create confusion for its customers; stated the firm will have four acres remaining to be developed, and participation could be considered at that time. Councilman Petta stated requiring the dedication will not change the appearance of the facility, nor will it require walls or grading; all it would require is preparation of a document indicating the dedication is available if needed, which is no more or less than what would be required of any other developer. Mr. Tuck stated his firm wants the opportunity of participating in decisions regarding its property; suggested continuing the matter for further discussion. Frank Gigandet, 22743 Miriam Way, stated it appears Council is being pressured into establishing a precedent which can cost a fortune in the future to acquire right-of-way, and can result in lawsuits; has seen difficulties such as this occur in other cities, due to failure to take proper action; urged Council to think of the future; Page 7 - 2/9/84 recommended that the City Attorney and the attorney for Wilden Pump meet to work out an agreeable solution. Attorney Dougherty recommended continuing the matter to the next meeting; stated the company is in a position where it would appear if the decision is made to impose the dedication requirement it will not make the plant expansion in Grand Terrace, which he feels would be detrimental to the future growth of the City; feels the City should be concerned about future employment opportunities for the citizens, and future income from taxes and fees. Councilman Rigley questioned if Wilden Pump would consider an agreement for future dedication and improvements if required. Mr. Tuck stated he felt his firm would want their property to be compatible with the surrounding property if in fact all the development occurred pursuant to the General Plan and circulation element; felt since there are so many different proposals for that area, it is imperative that his firm participate in the decision of what will be done; requested a waiver of the requirements at this time; felt if this is not acceptable, would recommend a continuance to see if something can be worked out. Councilman Petta stated his proposal would not take effect unless that street needed to be re -aligned, as is presently being done on Barton Road; then the City would already have the right-of-way, and would install the improvements. Attorney Harper recommended continuing the matter; felt, based on Attorney Dougherty and Mr. Tuck's comments, there is a potential of entering into a development agreement whereby Wilden Pump would not formally dedicate the frontage until such time as the City determines the need to widen the road and to construct improvements, which could be worked out by Attorney Hopkins, Mr. Wilden and attorney Dougherty. CC-84-26 A Substitute Motion made by Mayor Grant, Seconded by Councilman Rigley, to delay this matter until the next Council Meeting, carried 3-1, with Councilwoman Pfennighausen voting NOE, and Councilman Nix being absent. Councilman Rigley stated he feels Council has been and will continue to be cooperative on matters requested by Wilden Pump; feels there has been no harassing; disagrees with inference that not complying with the request will result in moving elsewhere. Councilman Petta stated the purpose of requiring the dedication is not to penalize Wilden Pump, but feels the requirements should be consistently required of all parties. Mayor Grant stated the purpose of his Motion was to allow Councilman Nix to be present for further consideration of the matter. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, ADOPTING THE GRAND TERRACE MUNICIPAL CODE. City Attorney Harper read the title of the Ordinance. City Clerk Erway advised the City adopted the San Bernardino County Code as the law of the City when it first incorporated; all ordinances Page 8 - 2/9/84 passed by the City since incorporation and those portions of the County Code felt to be necessary have been combined into a municipal code for the City. Mayor Grant invited public testimony on this matter, with no one speaking for or against. CC-84-27 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES by all present to approve first reading of the Ordinance, by title only, with second reading and Public Hearing scheduled for February 23, 1984. Larry Halstead, 21894 Vivienda, stated he had witnessed a head-on collision at the intersection of Barton Road and Palm between a motorcycle and a small car; emergency services were called; fire and rescue arrived in five minutes and did an outstanding job; stated the Sheriff's deputies did not arrive for 20 minutes, with three arriving at the same time; voiced objection to being asked what he felt were routine questions prior to attending to the injured party and traffic control; feels there is a lighting problem at that intersection; would be willing to have a light installed on his property. Mayor Grant requested Staff to investigate and furnish a report to Council relative to the allegations made by Mr. Halstead, and to submit recommendations to improve the safety of that intersection. ADJOURN The regular meeting adjourned at 8:50 p.m. to a joint CRA/City Council Public Workshop Session to be held Thursday, February 16, 1984 at 5:30 p.m. at Terrace View Elementary School, in the Library, 22731 Grand Terrace Road, Grand Terrace, to review the FY 1984-85 Capital Improvement Projects. Respectfully submitted, 'M �w�BL ity r ud rc APPROVED: Mayor Page 9 - 2//84