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07/08/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JULY 8, 1982 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 July 8, 1982, at 5:37 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman (Arrived 5:40 p.m.) Roy W. Nix, Councilman (Arrived 5:58 p.m.) 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 Donald L. Hughes, Grand View Baptist Church, followed by the Pledge of Allegiance, led by Ivan Hopkins. ITEMS DELETED FROM AGENDA 7A(1) - Appointment of Planning Commissioner. ITEMS ADDED TO AGENDA 4B - Grading Plan - Water Tank Site. 11 - Closed Session. APPROVAL OF MINUTES (6/24/82) CC-82-200 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, by all present, to approve the Minutes of June 24, 1982, as presented. CONSENT CALENDAR CC-82-201 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to approve the following items on the Consent Calendar: A. Check Register - FY 1981-82 ending 6/30/82. B. Check Register No. 070882 C. RESOLUTION NO. 82-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING THE ELIMINATION OF JOINT AND SEVERAL LIABILITY, SENATE BILL 500 (BEVERLY). D. Accept Grant Deed from Griffin Development Company for parks, and authorize recordation by City Clerk (22.14 acres - Title Insurance Included). E. $250.00 fee waiver for Grand Terrace Lions Club sign variance at Community Center. Councilman Petta arrived at 5:40 p.m. PROCLAMATION - MUNICIPAL TREASURER'S WEEK Mayor Grant read and presented a Proclamation to City Treasurer Seth Armstead in recognition of Municipal Treasurer's Week - July 25-31. GRADING PLAN - WATER TANK SITE Mr. Ernie Zampese, a Riverside Highland Water Company Board of Directors member, distributed grading plan maps and outlined a site of approximately 1.6 acres which the Company desires to purchase from the City. The entire system, when completed, will consist of four million gallons. Approximately 55-60 thousand cubic yards of material will be moved and placed to provide a parking lot and a motocross site. 0 Council recommended ensuring there will be access from Observation Drive to the parking lot and questioned if access could be provided from the Griffin subdivision; recommended negotiating with Griffin Development Company. Questioned if the material could be deposited in such a manner that the motocross site could be a finished product. Mr. Zampese stated the Water Company is willing to complete the rough grading for the motocross, then a lighter piece of equipment would be required to finish the site; all deposited material will be stabilized with water, but will not be compacted; feels something could be built on the landfill if a floating slab is used. PUBLIC PARTICIPATION Rex Edmondson, 22111 Newport Avenue, and Bill Darwin, 22324 Barton Road, voiced objection to the placement of medians on Barton Road, feeling they would lower property values; limit access to the businesses; discourage development; and limit access for emergency vehicles. Further opposed using public funds for installation and maintenance. (Councilman Nix arrived at 5:58 p.m.) The property owners favor left turn lanes on Barton Road and beautification of the City but recommended this be done by locating Page two - 7/8/82 trees, sidewalks, and shrubs along the sides of Barton Road, rather than in the middle. John McDowell, 22690 Cardinal, referenced various newspaper articles indicating a recovery from the recession and the need for cities, counties, and the states to exercise initiative to support themselves. Stated he has heard that there is opposition to continuing the economic development because there is a depression. Recommended proceeding on this project, feeling that the City's future is dependent upon action taken in the next few months. CLOSED SESSION Council adjourned to a Closed Session at 6:14 p.m., with the City Manager, City Engineer, City Attorney, Attorney John Harper, and the Finance/Administrative Services Officer in attendance. RECONVENE REGULAR COUNCIL MEETING The City Council reconvened at 6:40 p.m., with all members present. Mayor Grant stated the Closed Session was held for the purpose of discussing matters of possible litigation and requested summarization by the City Attorney. City Attorney Hopkins advised that Attorney Harper briefed the City Council on the proceedings of litigation involving the petition the City filed with the PUC requesting that the PUC consider providing the City the same exchange and benefits as are given to the City of Colton. This matter has been heard by the PUC, prior to incorporation, and was not found in Grand Terrace's favor. A Hearing will be held on this matter on August 9 in Los Angeles; recommended full citizen participation at the Hearing to testify and explain the inequities; also recommended that the citizens submit written testimony for presentation at the Hearing. The Complaint is available for public inspection at City Hall. Council cited various inequities which presently exist and directed Staff to notify the public of the Hearing and the need for oral and written testimony at the Hearing; directed Staff to request all City organizations to designate a spokesman to appear and testify at the Hearing. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) The restroom facilities are not complete; (2) Recommended thoroughly investigating the qualifications of the Contractor for the Annual Park Maintenance Contract, not necessarily just accepting the low bidder. Page three - 7/8/82 ENERGY COMMITTEE The City Manager stated the Committee meeting was cancelled due to lack of a quorum. Councilwoman Pfennighausen stated Cara Wildman was inconvenienced and should have been notified of the cancellation. CONTRACT AWARD - STREET SWEEPING The Community Services Director stated negotiations conducted with IPS for the FY 1982-83 Street Sweeping Contract resulted in an agreement that the Firm would continue sweeping the streets on a clean -sweep basis at the rate of $40.63 per hour, and an increase not to exceed 10% for FY 1983-84, should the City wish to continue contracting with Inland Power Sweeping. An alternative dump site is being investigated. Council noted that the biggest problem with achieving clean streets within the City is cars remaining parked on the streets, feels signs should be posted and "No Parking" enforced on street sweeping days. CC-82-202A Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to direct Staff to purchase adequate signs to be installed at proper locations. CC-82-202B Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to amend Motion No. CC-82-202A to direct Staff to conduct a study on the options for signing and enforcement, to include costs, pros and cons, and to present the report to Council for action. 0 Motion No. CC-82-202A, as amended, carried, ALL AYES. Mayor Grant directed staff to place this matter on the July 22, 1982, Agenda. CC-82-203 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve renewal of the Street Sweeping Contract with Inland Power Sweeping, Inc., at a rate of $40.63 per hour for clean -sweep services for FY 1982-83, and to authorize execution by the Mayor. Recess was called at 7:15 p.m., and reconvened at 7:26 p.m., with all members present. Councilman Nix recommended considering establishing the City's name, beautifully landscaped with flowers, in two locations - one on the bluffs and especially on Blue Mountain above the water tanks; felt there would be adequate water at that location, and would stimulate public pride; proposed that possibly the Woman's Club and/or the Lions Club could undertake this project and be maintained by the City upon completion. Mr. Zampese felt the area could be prepared for landscaping during the grading process. Page four - 7/8/82 d REVENUE SHARING - PUBLIC HEARING The City Manager stated this is the second of two Public Hearings legally required; recommended that the $57,215 be shared equally between City beautification and law enforcement, as recommended at the Public hearing of June 24. Mayor Grant opened Public Hearing on the matter and closed Public Hearing, there being no testimony. Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to approve the use of the Revenue Sharing funds of $57,215 for FY 1982-83 to be expended equally between City beautification and law enforcement. Staff recommended using the Revenue Sharing funds for law enforcement with the amount required for City beautification to be expended from the general fund, to simplify accounting procedures. With clarification that Council's intent is to include beautification from the general fund and, therefore, public input regarding the use of the Revenue Sharing funds is not being ignored, CC-82-204 substitute Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to approve the use of the Revenue Sharing funds of $57,215 for FY 1982-83 for law enforcement. RESOLUTION NO. 82-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING IN PRINCIPLE THE CONCEPT OF THE PROPOSED INTERFACE CONCEPT PROGRAM BY CONSDEL RESEARCH & DEVELOPMENT, INC., A NON-PROFIT CORPORATION. Mr. George Forbes, 22533 Barton Road, gave a brief overview of the program. In discussion, Council addressed questions to the City Attorney regarding certain portions of the Resolution, receiving assurance that this Resolution involves no commitment on the part of the City. CC-82-205 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to adopt Resolution No. 82-30. Page five - 7/8/82 TEMPORARY OCCUPANCY REQUEST - TRACT 11439 The City Manager stated that Mr. Robert Brown and Mr. Phil Wagner have requested temporary occupancy within this Tract prior to completion of the required conditions; recommended not authorizing the temporary occupancy until the required improvements have been met, pursuant to Ordinance No. 44. Mr. Kicak stated that all conditions placed on the Tract have been bonded as the City's security for completion; it is the responsibility of the City to see that the improvements are completed prior to release of the bonds. It appears that the construction of the homes is considerably ahead of the schedule to complete the improvements. The homes have temporary power, water, and sewer connections. The gas is not connected to the houses. The individuals own the lots, are building the homes, and have no control over completion of the conditions. Mr. Robert Brown, 12650 Sanburg Way, stated he had talked to Mr. Harber, to no avail. Electricity and telephones are scheduled to be installed July 20; the block wall will be started at the end of next week; in the meantime, unable to occupy the homes and are paying rent. The developer has stated he does not intend to improve the remaining lots until the econony improves; voiced concern that completion could take months or years. The City Attorney advised that the individuals could null and void the sale and get the money back if the improvements are not put in; assumes the City is adequately bonded; however, the problem with bonds is it takes five year to foreclose, and by then won't be adequate to cover the costs of the improvements. Council questioned if the developer could technically not complete the improvements and keep the people out of the houses. Mr. Hopkins stated it happens frequently; once the improvements are completed and occupancy of these homes is approved, the City assumes obligation. If the improvements are not completed, the City would have to foreclose on the bonds and front the money. The City Engineer stated this is a subdivision project; as an alternative, the individuals could complete the necessary improvements along the frontage of their lots, and request reimbursement from the developer. Mr. Phil Wagner, 12610 Sanburg Way, stated he works for Mr. Harber. The sidewalks cannot be installed until the electricity and telephone lines are installed, since they are to be under the sidewalk. Council voiced concern that if the City approves this, the utility companies and the lenders could assume that the conditions have been met and the lender could come to the City for recourse. The City Attorney confirmed it is a possibility. The City Engineer emphasized that the developer is presently not in violation of City requirements. Council deferred action on this matter to the July 22 meeting, recommended Staff discuss the matter informally with the developer, Mr. Harber, and requested that Engineering submit a status report on July 22. Page six - 7/8/82 El CHANGE ORDER - GTC 82-05 The City Engineer advised that the electrical wiring at the Community Center is substantially complete. Certain changes, as requested by Council, the Historical & Cultural Activities Committee, the Lions Club, and Community Services, have been negotiated with the Contractor and approved by OCD, the funding agency for this project. Recommended approval of Change Order No. 1, which would increase the contract amount from $34,950 to $44,888.67, and would allow an additional 35 days to complete the contract. Funding for this project is $60,000. CC-82-206 Motion by Councilman Nix, Second by Councilman Petta, to approve Change Order No. 1 to Contract No. GTC 82-05, Electrical Rewire - Grand Terrace Community Center. In response to the question raised to consider adding sashes and thermopanes to this contract, the City Engineer recommended applying any surplus funds to next year's funding of $24,000 for these and other improvements. Page seven - 7/8/82 Following further discussion and assurance that the Contractor is qualified to perform the items contained in the Change Order, the Motion No. CC-82-206 carried, ALL AYES. POLICE CHIEF REPORT An evaluation of the additional traffic enforcement for the last quarter of the fiscal year will be provided to Council July 22. Mayor Grant stated that all contracts should be reviewed and possible alternatives investigated. CITY COUNCIL REPORTS Councilwoman Pfennighausen reported the following: (1) Represented the Mayor at a League of California Cities meeting; a presentation was given on the Courts' actions involving exclusive franchises and negative declarations; (2) Cited difficulties in meeting with Johnstown Properties - a meeting is now scheduled for early August regarding the unkempt condition of the shopping center; contrary to the City's position, Johnstown Properties indicated cleanliness and appearance are not high priority. Councilman Petta volunteered to discuss this matter with the Stater Brothers' management. Councilman Petta questioned if the speed limit had been enforced on Ar iss rive; questioned the status of the buildings adjacent to Valley Bank - eviction notices have been given; questioned the status of the water line construction - the project is to be completed wwithin 45-60 days. Mayor Grant reported the following: (1) Attended the monthly Omnitrans Board of Directors meeting July 7 - the cost distribution for Dial -A -Lift services was approved, to the detriment of small cities, since the total cost will no longer be based on population; (2) Attended SANBAG meeting - the only item affecting the City was the freeway interchange shelf item; (3) Received correspondence from Mr. Johnson, Secretary -Treasurer for the Foothill Corridor Marketing Consortium, Inc., requesting the City support, by resolution, locating U.S. Customs and Immigration at Ontario International Airport. This matter will be on the July 22 Agenda; (4) Met with Mr. Ferris regarding establishment of a meat processing plant in the City; (5) Questioned when the Chamber of Commerce budget request would be considered; (6) Received correspondence from Senator Ayala outlining the San Bernardino County cities proportions of the State -approved budget; (7) Directed Staff to place a We -Tip request for the City's permanent membership on the July 22 Agenda for consideration. WASTEWATER STATUS The City Manager advised that a meeting was held with the City of Colton regarding the status of the wastewater system, since the system has had seven failures. The plant will not be ready for operation until the end of October. A further up -date will be provided to the Council at the next Council meeting. Dick Rollins, 22700 DeBerry, stated a youth was injured at the ballfield; recommended having the contractor correct the lighting at the ballfield. The City Manager recommended discontinuing lighting the ballfield until the matter has been corrected. Council recommended withholding any further payment and giving notice to the contractor to correct the problem and meet the specifications; requested the Community services Director to present a status report and recommendation at the Regular Adjourned Meeting on July 12 for consideration. CLOSED SESSION Council recessed to a Closed Session at 9:40 p.m., with the City Manager, the City Attorney, the City Engineer, and the Finance/Admistrative Services Officer in attendance. The meeting reconvened at 10:51 p.m., with all members present. Mayor Grant announced that the purpose of the Closed Session was to discuss possible litigation. No action was taken. Page eight - 7/8/82 ADJOURN CC-82-207 Motion by Mayor Grant, adjourn at 9:52 p.m. to Monday, July 12, 1982, Grand Terrace Road, for Commission. Page nine - 7/8/82 Second by Councilman Petta, ALL AYES, to an Adjourned Regular Meeting at 7:30 p.m. on at the Terrace View Elementary School, 22731 a joint meeting with the Planning Respectfully submitted, A M.. — . c___.J IFA APPROVED: