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05/20/1982a CITY OF GRAND TERRACE COUNCIL MINUTES ADJOURNED REGULAR MEETING - MAY 20, 1982 An Adjourned 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 May 20, 1982, at 7:50 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 Myrna Erway, City Clerk ABSENT: Joe Kicak, City Engineer The meeting was opened with invocation by Councilman Nix, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. ITEM ADDED TO AGENDA Item No. 5. Authorization for the Mayor to sign two letters; one in support of SB 1477 (Marks) and one opposing proposed legislation which would eliminate city Vehicle In -Lieu License Fee and Cigarette Tax subventions. LAW ENFORCEMENT CONTRACT - FY 1981-82 CC-82-110 Motion by Councilman Rigley, Second by Councilman Petta, to authorize the Mayor to execute the basic ongoing FY1981-82 Law Enforcement Contract with the County of San Bernardino in the amount of $255,973.00. Councilman Nix stated it should be noted publicly that the City has received excellent service; had a matter of principle to consider. Felt Council's obligation is to provide the best service to the citizens at the best price, and this is the best alternative available at this time. Mayor Grant stated that he fully concurs that the community is generally well pleased with the services received from the Sheriff's Department; there may have been isolated incidents, but generally the public is satisfied. This has been a frustrating experience. As previously stated, our primary interest has to be the people of the community, since that is the only reason for Council involvement and, for that reason, will vote in favor of the Motion. Stated the Page one - 5/20/82 principle on which we based our efforts has not been nullified, as far as he is concerned. Following discussion, the Motion carried, ALL AYES. RESOLUTION NO. 82-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 82-11 AND ESTABLISHING THE TIME AND PLACE OF CITY COUNCIL MEETINGS. CC-82-111 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to approve Resolution No. 82-24 as amended, to discontinue Work Sessions, and to begin Council Meetings at 5:30 p.m. on the second and fourth Thursdays of each month. TERRACE HILLS COMMUNITY PARK The City Manager advised Council that on Friday, May 14, the Mayor, the Mayor Pro Tem, and Staff met at the Park with Dick Rollins to review items which should be corrected prior to the official opening of the Park. The Community Services Director stated the restroom fixtures will not arrive for eight to 12 weeks and felt the opening of the park should be delayed until the restrooms are completed. Council questioned if the items required to complete the restrooms couldn't be acquired in less time. The Community Services Director stated porcelain fixtures could be acquired in less time; however, the contractor says only an eastern manufacturer produces stainless steel fixtures, and it is felt that stainless steel is much better. Recommended that the Parks & Recreation Committee be assigned responsibility to plan the ceremony. Mayor Grant questioned the advisability of no drains on the floor. This item was referred back to the Parks and Recreation Committee by the Mayor. LEGISLATIVE ISSUES CC-82-112 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve sending a letter to the legislators in support of SB 1477 (Marks) which permits statewide city discretionary revenue growth (averaged over two years) of 6.3%, equal to the increase in the California Price Index. CC-82-113 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to approve sending a letter to the legislators urging their opposition to proposed legislation which would eliminate city Vehicle In -Lieu License Fee and Cigarette Tax subventions. REPORTS Councilman Petta stated he attended the Planning Commission Meeting when the Site Plan for Valley Bank was considered, including the requirements for curbs and gutters. At that Meeting, the President Page two - 5/20/82 of Valley Bank stated that, when the property was purchased, he was told by the seller that the City had made a commitment to put in curbs and gutters and perform street work. Councilman Petta stated he advised at that meeting that Council had no commitment to place curbs and gutters and do street work in front of that property. Councilman Petta further stated he heard recently that, in fact, the City was going to put in curbs and gutters and street improvements; asked Staff to show where Council had discussed the matter, let alone make the commitment. Staff could find no record of it. This afternoon was given a letter which supposedly commits the City to do the work on that property. Councilman Petta then read a letter dated March 29, 1982, written on City stationery to John Barbee, President of Valley Bank, signed by Joe Kicak. Councilman Petta pointed out that Council did discuss and authorize certain work at the corner of Barton Road and Palm Avenue to alleviate a safety hazard at that intersection, but at no point did Council commit to doing the improvements, and Staff could find nothing in the Minutes to confirm that. Councilman Petta questioned who directed the City Engineer; stated that this commitment would require specific action by Council, and Staff could not provide that verification; questioned the City Attorney as to how to handle this matter. The City Attorney stated that, in order for that commitment to occur, there must be some action by the City Council to approve; feels it is an embarrassing situation, in that the Bank feels the letter is a commitment. Stated that one person, including the Mayor, cannot commit the City. Commitments are made by Council voting in public session, in a majority vote, unless that function has been delegated to the City Manager. The City Manager stated that the Council Minutes had been thoroughly researched, and nothing was found regarding this matter; had not seen the letter until yesterday, and was not aware of the curb and gutter situation. Brian Esgate, Engineering Staff, stated that the whole project began to solve a safety problem at the intersection and to solve a sheet flow problem; made a study about the possibility of extending the storm drain; the other approach was to install curbs and gutters, widen the street, and give more capacity to the street. In order to do that, it was Engineering's judgment that the most appropriate way is to install curbs and gutters. In order to do the work, it was necessary to get the right-of-way, which at that time was right at the existing curb; contacted Phyllis Forbes, the property owner, and she offered to dedicate in exchange for curbs and gutters. Then the property changed hands. Councilman Petta questioned who made the commitment to do that, since the property owners normally know they have to dedicate. Mr. Esgate stated it was his recollection that it was presented before Council; felt that possibly it was discussed during work session; thought Council had approved putting the curb and gutter in conceptually as a relatively inexpensive solution to widen Barton Road and solve the problem of sheet flow. Page three - 5/20/82 Council questioned if a grant deed had been accepted and recorded from Valley Bank; stated there appears to be a moral commitment, and perhaps a legal commitment involved. Council recessed at 8:35 p.m., and reconvened at 8:45 p.m., with all mem ers present. Mayor Grant directed Staff to research this matter further. Councilwoman Pfennighausen reported that a house on Michigan, in the process of being con emne , has a broken window with jagged pieces - questioned if action could be taken to eliminate the immediate safety hazard. The City Attorney reported that San Bernardino County is appealing the case which was filed by Kostantinos N. Zaharopoulos against the County and the City to Superior Court; advised that Council authorization is required for the City to join the Appeal; questioned Council as to what action it desires to take in this matter. Council questioned the cost to pay the claim and what the cost would be to appeal. The City Attorney stated the County feels it is necessary to appeal this case to enable them to continue to enforce the Weed Abatement Program, due to the precedent it would set; stated the claim is $984.00; therefore, would not recommend expending funds for legal action. CC-82-114 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, that the City will join in the Appeal with San Bernardino County in the Kostantinos N. Zaharopoulos case, but under the condition it is in name only, with no legal efforts to be expended on the case. Mayor Grant stated his comments regarding the Sheriff's Contract were for t e record and wants them in the Minutes. Since this Council has passed a Resolution in support of AB 1743 (Vicencia), will write letters to the legislators asking their support of this matter. ADJOURN CC-82-115 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, by all present, to adjourn the meeting at 8:55 p.m. to Public Workshop Sessions to be conducted from 7:00 a.m. - 9:00 a.m. beginning Monday, May 24, in the Conference Room of Building No. 3, at City Hall, 22795 Barton Road, to discuss the Fiscal Year 1982-83 City Budget, to continue daily until the Budget is completed. The next Regular Meeting to be held Thursday, May 27, 1982, at 5:30 p.m., at the Terrace View Elementary School, 22731 Grand Terrace Road. APPROVED: ayo Page four - 5/0/82 Respectfully submitted,