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02/23/1984CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 23, 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 23, 1984, at 5:42 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 Reverend Bryce Pelren, Inland Empire Church of the Nazarene, Colton, followed by the Pledge of Allegiance, led by Tom Coyle. CIVIC CENTER CONSTRUCTION STATUS City Manager Armstead reported the following: (1) The City Attorney notified the architect in writing on February 21, 1984 of the City's intent to appeal the Architect's decision relative to the earthwork compaction and requesting arbitration of the matter; understands the Architect's legal representative will contact the City; (2) weekly construction meetings are held each Wednesday morning at 8:30 in Building No. 4; invited Council to attend; (3) temporary lighting has been placed on the sidewalk from Palm to the City buildings; lights will be installed on Barton Road and Palm; (4) a large sign has been placed at the driveway into the site indicating the road is closed; (5) modifications will be made to ensure handicapped access to all areas of the Civic Center; (6) Change Order No. 2 has a time extension request by the Contractor, due to additional earthwork, grading and rain; (7) burglary alarm systems were discussed and will be installed; (8) the footings have been poured; and (9) the City Engineer is investigating the Contractor's surveyor's request for additional compensation. Councilman Rigley requested that each Council Member be provided copies of the weekly construction meeting reports. ITEM DELETED FROM AGENDA - Minutes of February 9, 1984 ITEM ADDED TO AGENDA - 9B -- Nuisance Abatement 2%93/84 r MINUTES - (1-26-84) CC-84-28 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES to approve the Minutes of January 26, 1984 as presented. CONSENT CALENDAR Item A - Check Register No. 022384 and Item B - Resolution approving the General Plan were removed for discussion. CC-84-29 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES to approve the following Consent Calendar Items: C - Approve a one-year time extension for Parcel Map 6868 to expire May 13, 1984; D - Approve Notice of Completion & authorize recordation by the City Clerk of Street Improvement Project for Grand Terrace Road/DeBerry/Pico. (All American Asphalt - GTC83-27); and E - RESOLUTION NO. 84-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDACE, CA, URGING A COOPERATIVE EFFORT RELATIVE TO SOUTHERN CALIFORNIA'S WATER SUPPLY PROBLEM. CHECK REGISTER NO. 022384 Councilman Nix referenced Warrant No. 11944 on the Community Center Restroom Project; advised the floor in the ladies restroom has buckled; requested resolvement prior to contract finalization. CC-84-30 Following clarification of Warrant Nos. 11949 and 11967, Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, to approve Check Register No. 022384 as presented. RESOLUTION CERTIFYING EIR & APPROVING UPDATED GENERAL PLAN City Attorney Hopkins read the entire Resolution, including the amendments to exclude approval of the Housing Element, to be deferred until it has been approved by the State. Councilman Nix questioned what notification was given to advertise the Public Hearings; was advised Public Hearing Notices were legally posted; Planning Director Kicak stated the consultant advised that all affected property owners were notified in writing that the proposed General Plan could affect their property. Councilman Nix questioned the areas involved, noting some property owners feel they were not notified. Mr. Kicak stated the mailing list is available. Mayor Grant opened the meeting to Public Participation. The following individuals voiced opposition to the proposed changes to the General Plan and indicated they had not been notified on this matter: Frances Carter, 11938 Arliss Drive; Barney Karger, 11668 Bernardo Way, voicing opposition to widening Grand Terrace Road, "spot -zoning" of Barton Road, and requiring a specific plan on developments of 10 or more Page 2 - 2/g3/84 units; Lee Swertfeger, 12438 Michigan, opposing the zone change on his property - wants the present zoning; Max Archer, 22064 Van Buren, indicated present zoning is C-2, and planned to expand, but proposed plan will not permit, since a portion of the property is now designated as residential. Planning Director Kicak stated a portion of Mr. Archer's property was residential, but had C-2 zoning; as a result of the proposed General Plan, his and several properties along Michigan have been designated for residential for a depth of 330 feet; State Law requires zoning to be brought into conformance with the General Plan; therefore, anyone in that area of Michigan presently utilizing property as industrial, commercial, etc., who wants to expand under the present General Plan, regardless of the present zoning, could not be issued a building permit for expansion; the zoning would have to be changed to conform with the General Plan. Council indicated final approval of the General Plan should be delayed until further input has been received from the citizens; indicated this matter was advertised legally and had requested additional notification to ensure that all property owners were notified so that this input could be received. Kenneth Parrett, 22888 Grand Terrace Road, recommended postponing action and sending notices in the utility billings; Bob Zambergen, 22006 Barton Road, requested the north side of Barton Road be zoned commercial; Fernando Bijorquez, 22238 Barton Road, stated was not notified of changing zoning and widening of Barton Road; questioned traffic circulation and effect on elementary school; Alma Guerke, 22780 Grand Terrace Road, opposed widening Grand Terrace Road; requested consideration be given to widening the north side of the intersection of Mt. Vernon and Grand Terrace Road to accommodate the school buses, and placement of a four-way stop sign for safety purposes. Planning Director Kicak was requested to clarify the purpose and impact of the General Plan. Mr. Kicak stated the major concern expressed appears to be street widths, which pertains to the circulation element of the General Plan; a study was conducted to determine the street widths needed to accommodate the traffic when the entire area is developed; the General Plan is a guide for new development; there would be no changes to those parcels with improvements on the frontages unless a building permit were requested which required dedication and improvement or unless there were a total change of the use of that property; the City has no present or future plans to widen Grand Terrace Road. Frances Carter, 11938 Arliss Drive, stated she was in Mr. Kicak's Office when he called the consulting firm; they stated that, although not legally required, they notified the property owners; stated she nor four other property owners she contacted on Michigan had been notified by direct mail; requested further hearings; Marylou Williams, 22270 Barton Road, felt both sides of Barton Road should be zoned general commercial; Bernie Barrad, 11669 Bernardo Way, felt additional Page 3 - 2/23/84 input and consideration is needed; concurred with advising public through utility billings; Bill Darwin, 23172 Palm Avenue, requested C-2 zoning on both sides of Barton Road. Mayor Grant requested that Staff address the issues raised and that additional hearings be set regarding this matter; the City Attorney advised the matter should be referred back to the Planning Commission with instructions to begin the public hearing process. CC-84-31 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to refer the General Plan Update back to the Planning Commission with the recommendation that the public hearing process be re -initiated. Recess was called at 7:13 p.m. and reconvened at 7:37 p.m. with all members present. ORDINANCE NO. 76 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AN A E, A, ADOPTING THE GRAND TERRACE MUNICIPAL CODE. The City Attorney read the title of the Ordinance; advised the City, upon incorporation, adopted the San Bernardino County Code, by reference, to provide a set of laws for the City; since the County Code was not prepared for the City's specific purposes, the City commissioned Book Publishing Company to work with the City Clerk, the City Attorney, and the City Engineer to compile portions of the County Code with City -adopted ordinances into a Municipal Code; the subject Ordinance is for the purpose of adopting the Grand Terrace Municipal Code. 0 Mayor Grant opened Public Hearing on Ordinance No. 76. No supporting testimony was given. Opposing Testimony Dennis Evans, 22064 DeBerry, requested consideration be given to amending Chapter 2.08 pertaining to the duties and powers of the City Manager; stated there is no indication the City Council has any authority to approve the hiring of new employees. There being no further testiony, Mayor Grant closed Public Hearing. Mayor Grant stated he and Councilwoman Pfennighausen, on one occasion, discussed the pros and cons of a legislative body becoming involved in the process of hiring staff who are subordinates to the City Manager. There are those who believe in the traditional principles of public administration which makes the City Manager the one person totally responsible for hiring all subordinates and all answerable to him, and if his subordinates neglect their responsibilities, the City Manager must answer to the City Council. Councilwoman Pfennighausen brought up the system at the State and Federal level wherein the Senate confirms appointments of the chief executive. Felt the chief executive of the United States and the State should not be compared to the chief administrative officer of a county or city; felt the City Manager is responsible to Council and if he doesn't perform his Page 4 - 2/23/84 duties, will do everything to see it is corrected, up to the maximum; feels Council should not interfere with the City Manager's legitimate right to hire those he feels will do the job; felt otherwise Council would be circumventing and decreasing the City Manager's authority as the Chief Administrative Officer of the City. Councilwoman Pfennighausen stated when she talked to Mayor Grant regarding this, she was not saying somebody was or was not doing a good job; felt a lot of authority is being placed with one individual; noted it takes full Council to discharge the City Manager; felt Council should not review all personnel being hired and fired, but felt when major department heads are being hired, their qualifications and reasons for selection should be shared with Council, and their appointment ratified by Council; disagreed with the Mayor; feels a check and balance system is needed. Councilman Petta concurred with Mayor Grant relative to the City Manager being responsible and held accountable for all actions pertaining to personnel; felt he should be responsible for selecting the personnel, is responsible to Council, and if something is improper, Council can take action accordingly. Councilman Rigley concurred with the City Manager being held accountable, including hiring the personnel; however, felt consideration could be given to Council ratifying the selection of the Finance/Administrative Services Officer only, since the individual holding this position often is the Acting City Manager in the City Manager's absence. Councilman Nix stated he supports the issue of accountability, which is the primary concern; the City Manager is responsible for the total administration of the business of the City, not just personnel; in the interest of clearness of lines of responsibility and to avoid confusion and chaos, Council is charged with the responsibility of setting policy and monitoring the City Manager's effectiveness in performing the job; felt the argument relative to the Federal government and civil service procedures should be good reason not to follow the same procedures, rather than following them. Felt if Council is to ratify one position it should then ratify all department head positions; felt in that case, Council still should not make the selection; if it disagreed with the City Manager's selection, the matter should still go back to the City Manager to make a selection which Council would approve; feels in general that is the process presently being followed; the City Manager has the authority to do many things which, in exercising better judgment, are brought before Council for an opinion, which he feels is appropriate in managing the job. Felt a reasonable compromise would be that the selection of department heads be approved by Council prior to hiring; felt this could still leave the accountability with the City Manager. Questioned, and the City Attorney confirmed, that this change would be substantive and would require another first reading. CC-84-32 Motion by Councilman Petta, Second by Councilman Rigley, to adopt Ordinance No. 76 by title only carried 3-2, with Councilman Nix and Councilwoman Pfennighausen voting NOE. Page 5 - 2/23/84 City Attorney Hopkins read Ordinance No. 76 in its entirety. CC-84-33 Motion by Councilman Petta, Second by Councilman Rigley, to adopt Ordinance No. 76 as read carried 3-2, with Councilman Nix and Councilwoman Pfennighausen voting NOE. WILDEN PUMP & ENGINEERING COMPANY APPEAL City Attorney Hopkins advised a meeting was held with Allen Tuck and Attorney Dougherty at which time a development agreement was formulated; stated the agreement as presented requires the following amendments: is to be a covenant running with the land that will obligate and bind future successors of assigns to that property; a legal description is to be attached; the final paragraph is to state that the dedication recited is to be at no cost to the City; the signatures are to be notarized and the agreement is to be recorded. Councilman Petta commended David Terbest for his efforts in assisting in the development of the agreement. Motion by Councilman Petta, CC-84-34 Second by Mayor Grant, to approve the Development Agreement between Wilden Pump and Engineering Company and the City, as amended. Mayor Grant concurred with Councilman Petta and also commended Wilden Pump. Motion No. CC-84-34 carried, ALL AYES. Allen Tuck thanked David Terbest and Staff for their efforts in this matter; anticipates construction will begin in a month and a 20% employment increase this year; looks forward to a new relationship with and to the future here in the City. PLANNING COMMISSION Mr. Kicak announced the next meeting will be held March 5. PARKS & RECREATION COMMITTEE Chairman Dick Rollins advised the regular meeting was adjourned due to lack of a quorum. The unofficial Committee Minutes of February 6, 1984 were provided to Council. CC-84-35 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to approve changing the location of the Parks & Recreation Committee Meetings to be held the first and third Mondays of each month at 7:30 p.m. in Building No. 4 at City Hall. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE The minutes of February 6 were provided to Council. EMERGENCY OPERATIONS COMMITTEE Administrative Assistant Coyle advised the regular meeting was held; the Committee is working on the Emergency Operations Plan. CITY/CHAMBER OF COMMERCE COMMUNICATIONS COMMITTEE Councilman Rigley stated a letter from David Terbest has been distributed to Council regarding a proposed joint newsletter. Page 6 - 2/23/84 David Terbest, 22365 Barton Road, stated the Committee, in an effort to improve communication throughout the community, is recommending expanding the Chamber Newsletter to include City news items and notices, as well as community news, to be circulated throughout the City by using the utility billing mailing list of 3,280 and circulating another 800 to apartments, condominiums and mobile homes. The Chamber is currently spending $300 per month, or 77� each, for limited circulation; proposed publication costs for the expanded newsletter and circulation are estimated at $1,828 per month, or 47¢ each; some of the costs can be defrayed with limited advertising; cost proposals were obtained from several publishing firms; the Chamber will pay the mailing costs at bulk rate, which will decrease when the Chamber achieves non-profit status, and will assemble the news items; will need City information from the City Clerk. The newsletter is to be non -political. Bob Yeates, Chamber President, stated the intent of the expanded newsletter is to inform the citizens of local businesses to encourage shopping in the City, and to publicize civic and community activities. In discussion Council concurred with the need to improve communication; felt this will accomplish that purpose and will improve economic development within the City. Some concern was expressed that the City's funding of the newsletter could result in the City controlling the newsletter; Mr. Terbest stated this was considered; felt if a problem occurs, it could be handled at that time. CC--84-36 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, that the City budget $1,828.00 per month to support the Grand Terrace Chamber of Commerce in publishing a monthly newsletter starting with the April edition. City Manager Armstead recommended that Council approve funding for the newsletter for the first month only at this time, to allow time for Staff to determine how funding can be made available for the remainder of the year and present that information at the next Council meeting, since there presently are no funds for this project. Councilman Rigley stated the Motion was approving funding for the remainder of this fiscal year. CITY MANAGER REPORT City Manager Armstead stated an informational meeting was held February 21, with Chamber representatives participating, to answer questions from the firms who received RFP's for an economic development consultant. Councilman Rigley stated representatives from two firms were present; the questions raised indicated this could be a costly project, with long-range results; felt more proposals and input are needed; felt alternatives should be considered to hiring a firm, such as hiring a full-time individual. Mayor Grant left the Council Chambers at 8:45 p.m. Page 7 - 2/3/84 Mr. Armstead stated the rating method will be provided for Council approval at the March 8 meeting prior to evaluation of the proposals. Councilman Rigley requested that all proposals also be provided to Council. 0 CITY ATTORNEY REPORT City Attorney Hopkins stated Council had indicated public hearing notices on the General Plan should be included in the utility billings; advised this will be a problem, since time will not allow the notices to be included in the March billing, and the next billing will not be done until May; it was suggested the notice could be published in the newsletter. Attorney Hopkins stated direction is needed relative to whether the City Manager and Planning Director should negotiate further with the consultant, since the contractual funds have been expended and it appears the General Plan process will be re -initiated, at least in the public hearing process. In discussion, Councilman Nix noted that a large part of the contract was publication of the final General Plan document; any changes made will require re -publishing; recommended that Staff evaluate the details of what will be required to re -initiate and process this project and submit a report with recommendations to the Planning Commission and Council for consideration. Councilman Rigley recommended waiting to make individual changes during the amendment process. Councilwoman Pfennighausen requested clarification on the amendment process, stating she understands the General Plan can be amended four times a year, with no specific timetable. Mayor Grant returned to the Council Chambers at 8:55 p.m. COUNCIL REPORTS Councilwoman Pfennighausen questioned if a street sign has been placed at the a m oseda a intersection. The City Manager stated the Community Services Director advised a sign presently exists. Councilman Rigley recommended considering changing the location of the Council Meetings; questioned if the room is air-conditioned. Councilwoman Pfennighausen recommended changing, since the equipment would then not have to be moved and would reduce costs; felt the size is sufficient, would seat 50 people. Councilman Nix felt the size could be inadequate; Mayor Grant preferred the present location, but supported the move to reduce costs. Motion by Councilwoman Pfennighausen, Second by Mayor Grant that the Council meeting place be changed to the band room and that the proper ordinance be prepared. Councilman Petta felt it would be difficult for the public to find the room and would be an inconvenience when it rains; recommended no change, since the new Council chambers will be ready soon. Councilman Nix concurred the change could be confusing and felt cost is inconsequential when compared to the cost for the new facility; Councilman Rigley concurred the location should be convenient for the citizens. 0 Page 8 -- 2/g3/84 The Motion failed 2-3, with Councilmen Rigley, Petta and Nix voting NOE. RESOLUTION NO. 84-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, URGING THE LEGISLATURE & THE GOVERNOR OF THE STATE OF CALIFONIA TO TAKE POSITIVE ACTION TO CONTROL UTILITY RATES Sue Noreen, Area Manager, So. California Edison Company, stated Councilwoman Pfennighausen and a staff member attended the presentations by Edison and So. Calif. Gas Company. Stated her company has three rate components: the company is allowed to file for an increase in the base rates, which is the cost of doing business, once every two years; filed for a 4.3% increase to be effective January 1,1985; the company's rate of return is regulated; the second component is energy cost, which is fuel; no profit is allowed on this; a 3.6% increase has been filed on this to cover 1984-85, to be effective June, 1984; the company has decreased its dependence on oil and gas to 3% as of 1983; if the projected energy costs exceed the actual cost, the excess must be returned to the customers; the third component is a major additions adjustment clause for large facilities coming on line, such as the San Onofre Plant; the costs for these cannot be folded into the base rates until the plant is in operation; an 11.3% increase has been requested to be effective April 1984. The company has three rate cases coming before the PUC in 1985, 1986 and 1987, due to new facilities. Feels the company is doing its best to keep costs down and there will be fewer increases once the new plants are in operation. Stated the subject resolution failed to pass at the State and National League of Cities; felt the proposed resolution will not accomplish the intent. Councilman Petta voiced no opposition on electricity, but opposed the gas rates; doesn't understand how they can have a 500% increase when gas prices are down; recommended resolution refer to gas only. Councilman Nix stated in most of the economy there is a competitive factor which is lacking in the utilities; gas prices peaked in 1981, yet utility rates continue to increase; supports resolution; feels we are paying for inefficiency and feels obligation to speak for the citizens. Councilman Rigley stated his electric bill has doubled and the price of fuel has decreased 15-16% in the last two years; supports the resolution, even though it may be ineffective. Councilwoman Pfennighausen felt the presentation made by Edison gave an understanding for the rate increases; oil and natural gas have some of the strongest lobbies in Washington D.C.; felt the legislators will vote with them unless they hear otherwise from the public; doesn't feel the proposed resolution will solve the problems. Mayor Grant concurred with Councilman Rigley; feels even though the resolution may have shortcomings, it addresses a need; CC-84-37 Motion by Councilman Nix, Second by Councilman Rigley, to adopt Resolution No. 84-05. Page 9 - 2/23/84 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to amend the Motion to delete reference to electricity from the Resolution, failed 2-3, with Mayor Grant and Councilmen Rigley and Nix voting NOE. 0 Councilwoman Pfennighausen opposed the resolution referencing utilities in general, since only the citizens, not the PUC nor the Governor can control water rates. Motion No. CC-84-37 carried 4-1, with Councilwoman Pfennighausen voting NOE. Recess was called at 9:55 p.m. and reconvened at 10:07 p.m. with all members present. BARTON ROAD/PALM TRIANGLE WIDENING This item was deferred to the next meeting to allow further staffing. NUISANCE ABATEMENT Administrative Assistant Coyle advised all proper notices have been processed for the houses located at 11958 Canal and 12610 Michigan, advising the need to clean up the properties and of the City's intention to take action, if necessary; price proposals have been obtained and are recoverable through billing or a tax lien against the properties; recommended authorizing abatement which includes cutting weeds to 2-inch height, removal of debris, locking doors, and a $509 appropriation. 0 Councilwoman Pfennighausen stated reports received indicate rats are breeding at 11958 Canal; felt total nuisance should be abated; stated the house at 12610 Michigan is a shell and the owner apparently is not interested in selling; has been advised if the house were to be condemned, the City would have to pay $36,000-$42,000 to demolish the house; referenced a similar situation in another community in which a structure was demolished and the costs charged to the owner on the tax roll; stated drug parties are being held at that house and are being advertised throughout Colton High School; felt the recommended abatement is insufficient. City Attorney Hopkins stated advice was never given that the City would have to pay for demolition of a structure; stated the City Engineer was previously handling this matter, demolition action was being taken against the property at 12610 Michigan and the property was appraised; further action was deferred because supposedly the property was in escrow and due to the time which had elapsed on the notice process, not due to demolition costs. Mr. Coyle stated he had apparently misunderstood the City Attorney's advice. City Engineer Kicak stated he had been reluctant to pursue this matter since four individuals indicated they were making an offer on that property; stated the processing of notices has previously been delayed due to the property owner's failure to accept the notices; Attorney Hopkins recommended serving the notices at the owner's residence. Page 10 - 2/23/84 CC-84-38 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, to direct Staff to take action to abate the nuisances at 11958 Canal and 12610 Michigan and to report the action being taken at the next meeting. Attorney Hopkins felt further Council action will be required, since the requested funding will be insufficient to cover demolition. Motion No. CC-84-38 carried, ALL AYES. RIVERSIDE HIGHLAND WATER COMPANY STOCKHOLDERS MEETING Mayor Grant advised he will be unable to attend the stockholders meeting on March 8; recommended authorizing an individual to vote in behalf of the City to elect a Board of Directors and other business. CC-84-39 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to authorize Councilwoman Pfennighausen to act in the City's behalf and to nominate Sanford Collins as Secretary at the annual meeting of the stockholders of Riverside Highland Water Company to be held at 9:00 a.m. on Thursday, March 8, 1984. Councilman Nix requested input at the next session on why the percentage of revenues on investment earnings is so much lower than anticipated for the year; stated the January 31 month -end statement reflects 19% of the projected amount so far this year, and questioned the reason. City Manager Armstead announced an offer has been made to an individual for the position of Finance/Administrative Officer; will announce the individual's name when the confirming letter has been received. ADJOURN - The regular meeting adjourned at 10:37 p.m. to an Adjourned Regular Meeting to be held March 1, 1984 at 5:30 p.m. at the Terrace View Elementary School, Grand Terrace, to consider the FY 1984--85 Capital Improvement Projects. Respectfully submitted, City erk APPROVED: Page 11 - 2/23/84