11/18/1982CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 18, 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 November 18, 1982, at 7:55 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 Councilman Nix, followed by the Pledge
of Allegiance, led by Councilwoman Pfennighausen.
ITEMS DELETED FROM AGENDA
3B - Confirm CRA action on Architectural Contract Amendment.
ITEMS ADDED TO AGENDA
8E - Neighborhood Box Units.
APPROVAL OF MINUTES - 10/28/82 & 11/4/82
CC-82-291 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley,
ALL AYES, to approve the Minutes of October 28, 1982, as presented.
CC-82-292 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to
approve the Minutes of November 4, 1982, as presented.
CONSENT CALENDAR
The following items were removed from the Consent Calendar:
3B - Confirm CRA action on Architectural Contract Amendment was
deleted from the Agenda;
3C - Covenant Running With The Land - a compromise agreement for
capital improvement fund fees - Tracts 9482 & 9483;
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3E - Resolution authorizing examination of sales and use tax
records.
CC-82-293 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to
approve the following items on the Consent Calendar:
3A - Check Register No. 111882;
3D - RESOLUTION NO. 82-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADOPTING CITY COUNCIL PROCEDURE HANDBOOK;
3F - Disapprove Amendment to the Omnitrans' Joint Powers Agreement -
Weighted Vote - Based upon Annual LTF Capital and Operating
Contributions.
COMPROMISE AGREEMENT - CAPITAL IMPROVEMENT FUND FEES -
The City Manager advised that these Tracts had been approved by San
Bernardino County prior to incorporation. The County had no capital
improvement fund fee program, except for sewer connection fees of
$100 per lot payable to the City of Colton. After incorporation,
the City enacted an Ordinance and Resolution requiring payment of
capital improvement fund fees. Permits for the majority of the lots
within the subject Tracts were issued by San Bernardino County
Building Department and are not subject to capital improvement fund
fees. A question arose as to the applicability of the Ci ty's
Ordinance and Resolution to those lots which had City -issued
permits, since the Tract Maps were approved by the County prior to
the Ordinance being in effect. As a result, a compromise agreement
has been reached with Griffin Homes providing for payment by the
developer of 50% of the capital improvement fund fee for those lots
on which no building permits had previously been issued by the
County, payable by the developer at the close of escrow.
Recommended approval of the compromise agreement.
CC-82-294 Motion by Councilman Rigley, Second
authorize the Mayor to execute and
"Covenant Running With The Land," a
Improvement Fund Fees - Tracts 9482
RESOLUTION NO. 82-52
by Councilman Nix, ALL AYES, to
the City Clerk to record
Compromise Agreement for Capital
and 9483.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS.
The City Manager advised that sales tax generated in the City has
dropped 54.8% during the second quarter of 1982; one of the reasons
for this decrease is the delinquency of tax payments by three large
firms. Adoption of this Resolution will enable the City to receive
a quarterly printout from the State Controller's Office showing the
businesses in the City, the taxes due, and will enable Staff to
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review the amount of sales tax generated in the City, thereby
assisting the preparation of the annual budget revenue projections.
Council expressed concern for the reduction; it was noted that the
City will receive sales tax revenue when the delinquent taxes are
paid; the report does not show to what extent the reduction is due
to delinquency payments; the next lowest sales tax revenue reduction
was -10.1% versus the City's-54.8%; and the City of Colton showed a
21% gain, due to the Cooley Ranch development.
CC-82-295 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES, to
adopt Resolution No. 82-52.
COMMISSION & COMMITTEE REPORTS
PLANNING COMMISSION
Mayor Grant presented a Certificate of Service to Lillian Smith for
appreciation of her service on the Planning Commission.
PARKS & RECREATION COMMITTEE
Chairman Dick Rollins reported that the annual Christmas program is
planned to be held at the Terrace Hills Park on Saturday, December
11, at 6:00 p.m.; having a problem finding a live tree; donations
will be given by the Lions Club and the Woman's Club.
HISTORICAL & CULTURAL ACTIVITIES COMMITTEE
Chairperson Barbara Mathews reported the following: (1) Feels a
library in the City is necessary, and has been one of the goals of
the Committee since incorporation; feels the City's children should
not have to go to surrounding areas, and feels the cost to install
library would be much more costly to build in seven or eight years;
(2) Attendance has been very poor for the theater programs, and
cannot be continued without support.
Mayor Grant stated he attended the play, "Meanwhile, Back on the
Couch," and that it was excellent; stated if funds are available,
and if necessary, would support a reasonable appropriation to
supplement the Committee's budget to provide for advertising.
Councilman Petta stated that the Lions Club Board voted to purchase
one -night's attendance for the next production.
ORDINANCE NO. (Second Reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, REZONING AREA SOUTHERLY OF BARTON ROAD, WEST OF
MICHIGAN, NORTH OF PICO, AND EASTERLY OF THE I-215 FREEWAY FROM C2
TO C2(CPD). (ZC No. 82-04)
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Councilman Petta and City Manager Armstead continued their stated
disqualification of action and discussion on this matter, due to a
possible conflict of interest.
The City Attorney read the title of the Ordinance.
The Planning Director advised that second reading and public hearing
for this Ordinance had been continued to this date to allow the
Planning Commission to review and consider deleting the requirement
for 30-acre development increments as listed in Section 9.07OF of
Ordinance No. 57 (ZO Amendment 82-2). The Planning Commission
considered the matter and rejected Council's recommendation for the
deletion and voted to recommend to the Council a Zone Ordinance
Amendment to Section 9.07OF as follows:
"The minimum acceptable development site shall be 30 acres,
provided, however, that the actual development of the site may be
staged so that a portion or portions of the site may be constructed
in advance of the construction of the total site. Such stated
development must be consistent with the approved overall development
plan for the site and specifically set forth in that development
plan."
Advised that Council has the option of setting the December 2
meeting for consideration of deleting Section 9.07OF from Ordinance
No. 57, or can take action in support of the Planning Commission's
recommended amendment. Recommended continuing the public hearing on
Zone Change 82-4 until the Zone Amendment is resolved.
Mayor Grant opened public hearing on Zone change 82-4.
SUPPORTING TESTIMONY - None.
OPPOSING TESTIMONY
Dennis Evans, 22064 DeBerry, voiced opposition to the overlay with
the 30 acre minimum requirement, feeling it imposes an undue burden
on property owners, since it would prohibit development of property
unless they were to go into conjunction with other property owners.
Mayor Grant closed public hearing on the matter.
In discussion, clarification was given that the amendment as
recommended by the Planning Commission does not change the
requirement, but clarifies the language indicating that a portion of
the 30 acres could be developed if an entire plan of development
were submitted for the 30 acres in advance. It was also clarified
that this matter would not be required to be referred back to the
Planning commission.
CC-82-296 Motion by Councilman Nix,
of December 2 for action o
delete Section 9.07OF from
reading and public hearing
1982.
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Second by Mayor Grant, to set the meeting
n the Zone Ordinance Amendment 82-2, to
Ordinance No. 57, and to set second
on zone change 82-4 for December 16,
Councilman Rigley questioned considering postponing all action on
these matters until the survey results are received. Following
discussion, Motion No. 82-296 carried 4-0, with Councilman Petta
abstaining.
Tom Glasser, 22032 Tanager, stated he had researched various laws
dealing with conflict of interest regarding public officials, and
consulted with attorneys; cited various newspaper articles, CRA
Minutes, and City correspondence where he felt conflict of interest
was violated. Asked the City Attorney to investigate the matter.
Questioned if the City Manager had submitted his disqualification on
matters regarding decision making pursuant to the City's Conflict of
Interest Code; if not, demanded that it be done and another employee
be appointed to handle those matters in his place.
Mayor Grant directed the City Attorney to research the issues
presented and to report back to Council with legal advice as to what
action should be taken.
COMMUNITY DEVELOPMENT BLOCK GRANT DELEGATE AGENCY AGREEMENT
The City Engineer requested approval of the agreement with the
County of San Bernardino for an entitlement grant in the amount of
$25,534, which will be combined with the City street/sidewalk
improvement project of $10,000. This project will include
construction of handicap ramps, trimming tree roots, removal and
replacement of trees, curb and gutters, and sidewalks that were
uprooted by tree roots. Requested approval of the agreement to
allow the City to proceed with this project.
CC-82-297 Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, to
authorize the Mayor to execute the Delegate Agency Agreement and
Attachment A - Request to Initiate Project Activity - and Attachment
B - Project/Activity Description.
MICHIGAN STREET WIDENING
The City Engineer stated that $42,000 has been budgeted this fiscal
year for the widening of Michigan Street between Barton Road and
Main Street; stated the easterly side of Michigan Street is steep
and will require retaining walls in addition to required
improvements to ultimate width. Recommended that the budgeted funds
be used for the design of the total length of Michigan with
construction to be budgeted out of the next fiscal year funds.
Requested authorization to negotiate with the individual property
owners regarding dedicating property as consideration for receiving
the improvements.
Council recommended carefully considering the effect the street
widening will have on the citizens living on that street, since
certain portions will require a considerable amount of property to
accomplish the desired width.
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CC-82-298 Motion by Councilman Nix, Second by Mayor Grant, to (1) Authorize
the engineering for the total length of Michigan Street between the
limits, Barton Road to Main Street; (2) Authorize the Staff to
approach individual property owners and offer to the property owners
the improvements along the frontage of their property as
consideration for dedication.
The City Engineer was questioned as to the total cost of this
project. The City Engineer stated some preliminary work will be
done and information will be presented to Council showing how the
various properties will be affected; feels this matter will be
presented to Council several times before work proceeds further on
this project; estimated expenditures of $4,000-$5,000 during the
design stage.
Mayor Grant stated he is aware that this project could inconvenience
some of the residents on that street; however, feels that traffic
will continue to increase on that street and feels Council has the
responsibility to the people who drive on that street as well as
those who live on it.
Councilman Nix, with concurrence of Mayor Grant, requested adding to
Motion No. CC-82-298 that, in concurrence with discussion, emphasis
be put on Recommendation No. 2 in the early stages and that reports
back to Council be part of the plan before final engineering is
complete.
Motion No. CC-82-298 carried, ALL AYES.
RESOLUTION NO. 82-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, FIXING AND ESTABLISHING CHARGES FOR PERMIT AND
INSPECTION PURSUANT TO ORDINANCE 64 WITHIN THE CITY OF GRAND
TERRACE.
The City Engineer stated that Ordinance No. 64 has been adopted
relating to excavations in City streets and public places, and
provides for a resolution to set the fee schedule for the inspection
and permit fees; stated that the fees established in the Resolution
are in conformance with those being charged by the adjacent
municipalities; recommended adoption.
Mayor Grant stated he will oppose this Resolution for the same
reason he opposed adoption of Ordinance No. 64, since it excludes
the utility companies.
CC-82-299 Motion by Councilman Rigley, Second by Councilman Nix, to adopt
Resolution No. 82-53, carried 4-1, with Mayor Grant voting NOE.
ALLEYS - RECONSTRUCTION AND MAINTENANCE RESPONSIBILITY
The City Engineer stated there are three alleys consisting of 2800
feet in the City. Alley No. 1, located north of Desoto and west of IRL
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Mt. Vernon, is in a very bad state of repair; the paving provided
was not of sufficient thickness to provide for light traffic, and
heavy waste disposal trucks using the alley have been a major cause
of the existing failures, and have also been cutting across private
driveways, causing major damage. Recommended the City assume
responsibility for maintenance of these alleys, with costs estimated
as follows, with the necessary reconstruction work to be considered
in future budgets:
Alley No. 1 - Reconstruction - $27,900; maintenance cost - $500
a year, consisting of slurry seal once in five years;
Alley No. 2 - Reconstruction - $12,750; maintenance cost - $500
a year, consisting of slurry seal once every five years;
Alley No. 3 - Concrete overlay - $6,000; maintenance cost -
a year, consisting of slurry seal once every five years.
Mayor Grant voiced opposition to assuming responsibility and cost,
since the City was not responsible. Opened the meeting to public
participation.
Dick Rollins, 22700 DeBerry, stated the alleys were constructed
prior to incorporation, so the City Engineer was not conducting
inspections at that time; stated the alleys were not constructed to
code specifications; recommended that Mr. Karger share some of the
monetary responsibility; felt the taxpayers should not have to pay
for the entire project.
Councilwoman Pfennighausen, with concurrence of Councilman Petta,
stated Alley Nos. 1 and 2 are definitely in a state of disrepair and
feels they will get worse; feels it is the City's responsibility to
correct the situation.
Council requested that the alleys be included in the street sweeping
program.
The City Attorney stated the City has no responsibility to maintain
the alleys, since it is not City property, and the City has never
accepted maintenance. Stated it is private property, subject to
right-of-way easements, similar to utility easements.
Councilman Nix recommended that engineering and legal staff
investigate whether Alley Nos. 1 and 2 were not constructed to
proper standards and if not, examine the possibility of San
Bernardino County being responsible for the repair costs since they
approved the construction.
RESOLUTION NO. 82-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADVISING STATE LEGISLATORS OF CONCERNS REGARDING
REAPPORTIONMENT OF LEGISLATIVE DISTRICTS.
Mayor Grant stated he received a call from Gesa Kearney expressing
concern that Grand Terrace is split between Legislative Districts
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and recommended adopting a resolution advising the State Legislators
of these concerns; stated he concurs, feeling that La Loma Hills
should not be in a different District.
CC-82-300 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to adopt
Resolution No. 82-50.
NEIGHBORHOOD BOX UNITS
The City Manager stated that a letter was received from Griffin
Homes opposing the installation of Neighborhood Box Units in their
developments, and that a letter is expected to be received from
Pacesetter Homes indicating that their approval for installation of
these units was not totally voluntary.
The Planning Director stated information has been received
indicating the Neighborhood Box Units have already been installed in
the Pacesetter development.
Council discussed the possibility of assuming the Neighborhood Box
Units have not yet been installed and directing Staff, contingent
upon getting a letter from Pacesetter Homes, to advise the Post
Office that they will not be authorized to install the Neighborhood
Box Units.
CC-82-301 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES,
to rescind Council approval for the installation of Neighborhood Box
Units, and to direct Staff to inform the Post Office that approval
is rescinded, if it is determined that installation has not been
accomplished.
CITY COUNCIL REPORTS
Councilwoman Pfenni hausen reported the following: (1) Thanked
Staff or resolving a problem presented by a citizen recently;
(2) Stated it had been brought to her attention that on several
occasions the park and restrooms have been closed prior to closing
time; requested clarification from Dick Rollins on this matter.
Mr. Rollins stated he does close the park and restrooms at night
when there is no one in the park; when the restrooms remain open,
they are vandalized.
Councilwoman Pfennighausen stated that originally there was
resistance to the park being closed at all, and feels that the
driveway into the parking area and the restrooms should remain open
until the established closing time. Requested Council's feelings on
this matter.
Councilman Rigley concurred with Mr. Rollins' closing the park when
there is no one in the park, since the restrooms could be
vandalized; feels it is very helpful on Mr. Rollins' part to close
it; stated he and the citizens are very proud of the park.
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Councilman Nix stated he feels that since there is no paid staff
available to supervise and since we are getting lots of volunteer
help, should be reasonable and apply reasonable standards; feels if
nobody is there, it is appropriate to block the entrance and lock
the restrooms.
Mr. Rollins stated that during the recess of tonight's meeting, went
to the park and put out a fire which had been started in the
restrooms with toilet paper; stated there is vandalism occurring at
night, and this is why the park is being closed; has found other
situations occurring which could not be discussed in mixed company;
has taken responsibility of going in there at night. Has been
commended by Deputy Martinez for the control of the park; stated
there are no teenagers having beer parties, since they have learned
it will be closed; adults do not go into the park at night.
Councilwoman Pfennighausen said she was asked to bring this before
Council; received information that the park had been closed as early
as 6:00 p.m.; may want to go into the park, and would want to be
able to use the restroom; understands the problem of vandalism; is
aware and appreciative of the assistance being provided by
Mr. Rollins and thanked him for putting out the fire.
(3) Councilwoman Pfennighausen reported she received information on
Planning Commission attendance; (4) Requested relocation of the
street sweeping sign at the intersection of Pascal and DeBerry,
since it has been installed behind a tree; recommended surveying the
City for other signs which might be obscured.
Councilman Rigley questioned the status of the street lighting
survey and indicated a desire for street lighting in the City. The
City Engineer stated the results of the survey will be presented at
the December 2 Council meeting. Councilman Rigley requested that
recommendations be included with the survey results.
Councilman Nix reported the following: (1) Represented the Mayor at
TF—e=AU Transportation Committee, Omnitrans, and the City
Selection Committee meetings on November 10. Omnitrans voted to
approve a fare of 65 cents for both Dial -a -Lift and Dial -a -Ride,
since the senior citizens were using Dial -a -Lift, which is for the
handicapped, at 50 cents, rather than paying 75 cents for
Dial -a -Ride. The recommendation was made to try to equalize the two
fares in order to get the senior citizens back to using
Dial -a -Ride. Stated at the City Selection Committee meeting
regarding the voting and selection process, made the Mayor's
recommended Motion, which was supported and carried.
Mayor Grant reported the following: (1) Voiced opposition to
iversi ghland Water Company increasing prices without prior
notification being provided to the citizens; (2) The Contract Cities
Association has announced its annual trip to Sacramento to discuss
the issues facing contract cities with the legislators; referred the
information to the Contract Cities representative, Councilwoman
Pfennighausen; (3) Received an appreciation letter from Assemblyman
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Leonard for correspondence received from the City opposing a prison
in San Bernardino County; (4) Questioned the reason for a newspaper
article appearing in the Sun Telegram stating that Southern
California Edison was not going to sell their land for the shopping
mall development, since Council has never indicated otherwise.
ADJOURN
The meeting adjourned at 10:02 p.m. The next meeting will be held
December 2, 1982, at 5:30 p.m. The regular November 26, 1982,
meeting is cancelled.
Respectfully submitted,
APPROVED:
IF
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