Loading...
09/09/1982I CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 9, 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 September 9, 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 Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: None The meeting was opened with invocation by Reverend Craig Miller, Highrove United Methodist Church, followed by the Pledge of Allegiance, led by Ed Clark. APPROVAL OF MINUTES - AUGUST 26, 1982 Following corrections on page 6 relevant to the Gage Canal property and correction of Motion No. CC-82-232 to delete "ALL AYES," Motion CC-82-236 by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to approve the Minutes of August 26, 1982, as amended. CONSENT CALENDAR Item 3A, Check Register No. 090982 and Check Register No. PP090982, was removed from the Consent Calendar. CC-82-237 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to approve the following items on the Consent Calendar: 3B - $50.00 Donation to Grand Terrace Woman's Club Yearbook, with funding to be from Special Departmental Expenses, No. 10-4190-220; 3C - RESOLUTION NO. 82-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, MAKING APPLICABLE THE PROVISIONS OF SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE PROVIDING FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS. Page 1 - 9/9/82 Staff to include provisions in accordance with Resolution No. 82-39 and Section 1094.6 of the Code of Civil Procedures in the Personnel Rules and Regulations. CHECK REGISTER NO. 090982 & PP090982 A correction was made on page three under "Conference Registration" to reflect the conference date to be October 17-20, 1982. Clarification was requested and given that on page 6 Virginia Matheny was being paid to assist with FY1980-81 Audit. CC-82-238 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to approve Check Register No. 090982, as amended, and Check Register No. PP090982, as presented. CERTIFICATE OF SERVICE - THOMAS PAGE Mayor Grant read and presented a Certificate of Service to Thomas Page for his assistance in maintaining the Terrace Hills Community Park. PROCLAMATION - CITIZENSHIP DAY & CONSTITUTION WEEK Mayor Grant read and presented a Proclamation to Mr. John McDowell designating September 17, 1982, as "Citizenship Day" and September 17-24, 1982, as "Constitution Week." PUBLIC PARTICIPATION 0 Verlin Whitford, 22712 Miriam Way, questioned if the City has an ordinance regarding barking dogs - the noise is jeopardizing his health and job, due to lack of rest; the agency responsible for handling complaints; and why the Sheriff's Department can't use red lights more than sirens. Stated there had been no disturbance since his complaint at the previous Council meeting. The City Attorney advised that noise for disturbing the peace comes under the Penal Code; the State law is a greater law and would therefore pre-empt a City ordinance. Stated only the District Attorney can prosecute violations of the State Penal Code, and advised that complaints should be referred to the Sheriff's Department. Responding to the City Attorney, Pat English, San Bernardino County Animal Control, advised how his office would respond to complaints of barking dogs at night; will accept a complaint and write a letter to the party creating the nuisance - this has been done in Mr. Whitford's case; will send an officer to talk to the party - if not successful, the next step is to circulate a neighborhood petition and file it with the District Attorney's office. Mr. Whitford stated he got 15 signatures from neighbors on a petition; the District Attorney did not accept the petition and recommeded a civil suit. 9/gPae2- /82 Nancy Eberlein, 22722 Miriam Way, presented to Council a petition signed by 18 neighbors, stating that her dogs have not been a nuisance; stated she is a single parent, has three children, and, due to the hours she works as a nurse, feels it necessary to have good watch dogs for protection. Stated she has documents indicating problems including obscene telephone calls, vandalism, and burglaries occurring in the neighborhood. Commended the Sheriff's Department; has a letter from the Sheriff's Department stating there was no problem with dogs barking. The City Council concurred it has no authority to take any action on this matter. Len Kramer, the former contractor for park maintenance of Terrace Hills Community Park, voiced concern regarding an article which appeared in the August 19 issue of the Colton Courier indicating that Council was dissatisfied with his firm's performance; stated that his firm maintained the park for approximately 13 months, did their best to satisfy staff, and were never informed of Council dissatisfaction; donated many hours that were never billed to the City. Concerned for his firm's reputation. Requested that the Colton Courier print a retraction. Complimented Dick Rollins, feeling the park would not look the way it does without his assistance. Council advised Mr. Kramer that it had been pleased with his work r performance, had indicated this in discussion, and had made no statement regarding dissatisfaction. Mayor Grant requested the Minutes of the subject Council Meeting be made available; stated the Council has no control over what is printed in the newspaper. John Lotspeich, 22680 Tanager, President of the Square Dance Club, announced that National Square Dance Week is next week; on June 3, President Reagan signed a Senate Bill proclaiming square dancing as the official folk dance in America; Square dance lessons will soon begin at Terrace Hills Junior High School. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Thanked John Lotspeich for holding a special meeting in preparation for September 26 City Picnic; a ball game will be played between the Council and Staff and residents; hopes flush valves will be received in time for restroom completion; (2) Cited recent problems at the park - vehicles drove in the vicinity of the playground equipment and broke glass; broken beer bottles were left in front of the Ordinance sign prohibiting the consumption of alcoholic beverages. Recommended the Deputies patrol the park hourly and enforce the ordinances. Mayor Grant voiced concern - requested the City Manager investigate and follow up. Page 3 - 9/9/82 CC-82-239 Page 4 - 9/9/82 ENERGY COMMITTEE Tom Coyle advised this month's gas bills will include information on gas rates increasing and a rebate program whereby the Gas Company will rebate some funds if residents install items to help control the use of gas, such as low -flow shower heads, water heater blankets, etc. Two distributors of these energy -saving items have requested permission to have a booth at the City Picnic on September 26 to demonstrate these projects. Mayor Grant requested that an Energy Committee member, other than a Staff member, attend Council meetings to report for the Energy Committee. CRIME PREVENTION COMMITTEE Chairperson Judy Rinderhagen reported the following: (1) Advised calling the Desk Sergeant if there is dissatisfaction when Deputies respond to calls, and the matter will be investigated thoroughly; when deputies respond to calls, they are guided by codes on the use of sirens, lights, or both; (2) Requested a traffic engineering survey be conducted on DeBerry Street and Palm Avenue in response to citizens' complaints. Presently, radar is only authorized on Mt. Vernon Avenue and Barton Road. The City Engineer clarified that a traffic survey must be conducted prior to the use of radar to enforce and prosecute speed violations. The City Manager is to investigate the criteria and the cost required to warrant a traffic engineering study. 0 Motion by Councilman Petta, Second by Councilman Nix, to approve Judy Rinderhagen attending a General Electric Security Lighting Seminar in Cleveland, Ohio, September 30 - October 1, 1982. Judy Rinderhagen advised that funds are not available in the Crime Prevention Committee budget to pay the cost of the airline ticket. The City Manager advised that funds were available in the unallocated reserve. Following clarification that Staff is to obtain an airline ticket at the most economical price, Motion No. 239 carried, ALL AYES. Recess was called at 9:00 p.m., and reconvened at 9:10 p.m., with all ouncil members present. BALLFIELD LIGHTING The Community Services Director advised that the final evaluation was received from Lewis Osborn, Consulting Engineer for the lighting project. Was impressed with the quality and timeliness of the contractor's workmanship. The lighting supplier is responsible for the existing problems. The specifications originally called for lighting standards in the center of the field. Sylvania, the lighting supplier, is presently performing tests to determine whether or not the bulbs are the cause of the lighting deficiency and if additional fixtures will be required. Requested authorization to send notice of default to Jimco Electric. CC-82-240 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to direct Staff to send an official notice of default to Jimco Electric. TERRACE HILLS COMMUNITY PARK LOT LINE ADJUSTMENT The City Engineer advised that, at the time when the community park was being developed, it was requested that the existing baseball field on the School property be expanded to provide for the proper depth of the playing field. This was accomplished under a change order. Received request to deed the graded area to the School District. This can be accomplished through a lot line adjustment, with Council approval of such dedication of property to the School District. The proposed dedication of the property to the School District would provide for maintenance by the School District of the facilities located within that parcel and decrease the potential to the City for any liability that could accrue to the City within that area. CC-82-241 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to authorize the Planning Department to proceed with the lot line adjustment as outlined in Exhibits A, B, and C to the Staff Report dated September 2, 1982, subject: Terrace Hills Community Park Lot Line Adjustment. STREET LIGHTING The City Engineer advised that additional street lights are frequently being requested within the City and requested Council policy. Stated his Staff Report dated September 2, 1982, subject "Street Lighting," outlines the present energy charges for 208 street lights and the number and cost of street lights for intersection lighting. Stated Council should consider the following options: (1) An assessment district for the installation of intersection lighting, pursuant to the provisions of either 13-11 or 13-15 Acts of the Streets and Highways Code; (2) Install intersection lighting over a longer period of time, at no cost to the property owners; or (3) Install no additional street lights in the City. The City Engineer recommended that the City Council consider the formation of the 1972 Landscaping and Street Lighting District to include all of the properties within the city limits of the City of Grand Terrace and direct Staff to conduct a survey to determine interest in a street lighting program under the assessment proceedings. Questions addressed to the City Engineer and responses were: (1) Results of the previous street lighting survey -- was difficult Page 5 - 9/9/82 to identify specific results; (2) Response from Honey Hills area, since residents have questioned when lights will be installed -- of those responding, the majority responded favorably - insufficient responses to reflect a majority; (3) The number of street lights required for intersection lighting and for mid -block lighting throughout the City -- 80 additional lights for intersections and approximately 200 additional, for a total of 400 lights for mid -block lighting. The City Engineer advised that the total cost to install 200 additional street lights would be $200,000. The installation cost per parcel would be approximately $120.00, and the energy costs annually would be approximately $15.00-$20.00. Two separate assessment districts could be established simultaneously to provide for payment of the costs by the residents on tax bills. The energy costs for the present 200 street lights would also be assumed by the residents. CC-82-242 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to initiate a simplified street lighting survey outlining the installation and energy costs, indicating the City's willingness to assume half of the installation costs, or $100,000, and requesting a "yes" or "no" answer from the residents. ORDINANCE NO. 62 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING CONDUCT ON PUBLIC PROPERTY. The City Attorney read the title of the Ordinance. The City Manager advised that this Ordinance will apply to City parks, and will regulate conduct on all public property. Mayor Grant opened public hearing. Supporting Testimony Dick Rollins, 22700 DeBerry, stated he felt the 10:00 closing time for the park property during the summer would be appropriate; felt might be too late during the winter. Opposing Testimony Ken Rinderhagen, 12738 Wilmac, felt the contents of this Ordinance is already covered by other laws; would only close the park to those who might not be doing anything wrong. The City Attorney clarified that the major reason for this Ordinance is to allow the Sheriff's Department to enforce the closure of the City park. Rebuttal Dick Rollins spoke in favor of the Ordinance feeling this will allow the Sheriff's office to enforce the park closure. Page 6 - 9//82 Mayor Grant closed public hearing. CC-82-243 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to adopt Urgency Ordinance No. 62 by title only. CITY ENGINEER REPORT COMMUNITY CENTER REHABILITATION The City Engineer advised that the electrical rewiring for the Community Center has been completed with funding through the City's Community Development Entitlement Grant for FY 81-82, in the ammount of $60,000. There is a $7,000 balance remaining, and OCD has indicated approval for use of the remaining $7,000 to improve the exterior of the Community Center. Councilman Petta stated that the Lion's Club Board of Directors is in favor of this project; in behalf of the Board members, recommended colorcoating after sandblasting, due to the age of the building, and less maintenance would be required; recommended installing new metal windows on the side facing Barton Road. Understands this project would exceed the $7,000, and questioned if funding could be provided. The City Engineer recommended requesting that any shortage of funds be used from next year's grant entitlement. Following clarification that Council approval will be requested CC-82-244 prior to any expenditure of funds, Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, to (1) Use the remaining $7,000 funds to sandblast and paint the exterior of the Community Center and request authorization to proceed from the San Bernardino County Office of Community Development (OCD). Upon approval by OCD, then (2) Request authorization to proceed from the Colton Unified School District; and (3) Invite informal bids for the sandblasting of the building exterior that would also include handsanding the window frames. On a separate contract, invite informal bids for the painting of the building. ACCESS TO COMMERCIAL PROPERTY The City Engineer advised that approximately a month ago he met with Roy Smoot, Chief Engineer for District 8, and Wes McDaniels regarding the potential of obtaining access to the City's commercial property; was advised that it would be the City's responsibility to conduct a study to determine the feasibility of such a proposal, and if feasibility were shown, they would then undertake or allow the project to proceed, provided the Caltrans Transportation Commission agrees. The costs of the construction of that facility would be shared based on the benefit to the City and to the State. An RFP has been prepared to conduct a study, based on the State guidelines, should Council wish to pursue the matter. Page 7 - 9/9/82 Council Questioned the likelihood of Caltrans agreeing to share the costs and, if the study were conducted showing that a regional shopping center is feasible and planned in that area, resulting in additional traffic in that area for the freeway system, wouldn't additional access prove to be a benefit to the freeway system? Mr. Kicak indicated it would be beneficial for the City to have a commitment from developers without a condition of additional access to that particular area. CITY MANAGER REPORT The City Manager advised that Louis Testa, of Gage Canal Company, has advised that the fencing for the remaining openings on the Gage Canal at Van Buren is budgeted and scheduled to be completed in late fall or early winter. CITRUS BELT DIVISION REPRESENTATIVE - SCAQMD The City Manager advised that the Riverside City Council had formulated a procedure which it felt would be more equitable for the selection of a Citrus Belt Division representative to the South Coast Air Quality Management District Board, and has requested that all cities in Riverside and San Bernardino Counties review and endorse the procedure. CC-82-245 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to approve the proposed selection procedure for the Citrus Belt Division representative to the South Coast Air Quality Air Management District Board, and to authorize the Mayor, as the City's Citrus Belt Divisin representative, to convey the Council decision on this matter. (The selection procedure is outlined in a letter from Mayor Brown, City of Riverside, dated August 25, 1982, on file in the City Clerk's Office.) CITY COUNCIL REPORTS Councilwoman Pfennighausen advised that she and Tom Coyle had a beneficial meeting with o Shimer, Western Division Manager for Johnstown Properties, and Diane Marchoft regarding the cleanliness of the Stater Brothers' shopping center. The items discussed and the action to be taken are outlined in a Staff Report dated September 9, 1982, Subject: "Johnstown Properties." Stater Brothers' will be asked to establish a specific area for the shopping carts. Johnstown Properties does not maintain responsibility for the trash bins behind the shopping center; each merchant is to maintain adequate trash disposal; this is not presently being done - in some instances, merchants are sharing trash containers, creating an overflow situation. The City's cooperation has been requested, through CCS, to get the merchants' cooperation to provide adequate trash facilities and to take more pride in the shopping area. Councilman Petta recommended considering enclosed trash bin facilities for the shopping center. Page 8 - 9/9/82 Councilman Rigley commended the Planning Director for the general pl'aninformational pamphlet. Advised he will be out of the City from September 16 through October 14. Councilman Petta advised that three years ago the Brick Layers' Union donated 10 brick barbeques and seven picnic table tops to the City. The Community Services Director has stated they would not be suitable for the park; stated the City Manager indicated a desire to purchase one, and the Eagles' Club has offered to purchase the remaining items for $1,250. Following clarification that the City Manager will not purchase any items, that the property would be declared surplus with no bids CC-82-246 required, Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, that the table tops and barbeques be declared surplus property and sold for $1,250 to the Eagles' Club, with the proceeds to be used to purchase trees for the Terrace Hills Community Park. Ann Petta, 11875 Eton Drive, recommended, out of courtesy, consulting the individuals who donated the barbeques and table tops prior to the sale of the items. Councilman Nix requested an analysis by the City Engineer of the drainage problem in the new Griffin Homes Development area. The City Engineer distributed a memorandum dated September 9, 1982, subject: "Preliminary Notice - George Forbes, et.al" dated September 7, 1982, and advised Council he investigated and reviewed the matter with Dale Griffin. The basic problem was run-off water from the orange groves, with the water now being routed through Observation Drive; once the soils are stabilized, the trench will provide sufficient capacity for run-off. Mr. Griffin has moved the drainage ditch approximately 20 feet, and has consented to installing a settling basin similar to the one on Pico and Oriole, which will require maintenance; stated alternatives will be studied, and the matter will be resolved. Councilman Petta stated Mr. Forbes had indicated he felt the settling basin could resolve the problem. Mayor Grant reported the following: (1) Will be attending the Citrus Belt League of California Cities' meeting in Beaumont on September 29; (2) All Council members will be attending the League of California Cities annunal meeting in San Diego, October 17 - 20; (3) Attended SANBAG, Omnitrans, and LAFC meetings on September 8. Advised that the weighted vote matter was again discussed at Omnitrans, and, as a result, the City's vote has been decreased. The Joint Powers Agreement will have to be amended -if one single party rejects, it will not pass; stated he will recommend that Council reject the Joint Powers Agreement. In the SANBAG meeting, discussed possibility of a train from Los Angeles to Imperial County. Page 9 - 9/9/82 CLOSED SESSION Council adjourned to a Closed Session at 11:02 p.m., with the City Manager, Finance/Administrative Services Officer, City Attorney, and Daniel Sanchez in attendance. The meeting reconvened at 12:05 p.m., with all members present. Mayor Grant announced that personnel matters and litigation were discussed in Closed Session, and no decisions were reached or action taken. Mayor Grant stated he will attend an LAFC convention in Monterey, September 15-17; all principals and alternates were invited to attend at no cost. ADJOURN The City Council meeting adjourned at 12:11 p.m. to an adjourned regular meeting to be held in the City Hall Conference Room at 3:30 p.m. on Monday, September 13; at that time, Council will immediately recess to a Closed Session to discuss personnel matters. Respectfully submitted, APPROVED: 11 Page 10 - 9/9/82