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12/02/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - DECEMBER 2, 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 December 2, 1982, at 6:14 p.m. PRESENT: Hugh J. Grant, Mayor Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager John Harper, Acting City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: Jim Rigley, Mayor Pro Tempore Ivan Hopkins, City Attorney The meeting was opened with invocation by Reverence Dale Goddard, Inland Christian Center, followed by the Pledge of Allegiance, led by Virginia Farmer. ITEMS DELETED FROM AGENDA 2 - Minutes of 11/18/82. CONSENT CALENDAR The following items were removed from the Consent Calendar: 3A - Check Register No. 120282; 3C - Authorization for Finance Officer to attend Seminar in Sacramento; 3D - Authorization to retain Transworld Systems, Inc., for collection services; 3E - RESOLUTION NO. 82-54 CC-82-302 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, by all present, to approve the following item on the Consent Calendar: 3B - Confirmation of the following CRA action on the Architectural Contract Amendment: CRA-82-120 - Motion by Mr. Nix, Second by Mrs. Pfennighausen, ALL y all present, to approve Amendment No. 1 to Contract No. GTC-82-21CRA with Barmakian, Wolff, Lang, Christopher Architects, changing the total contract value to $100,320. Page 1 12/2/82 CRA-82-121 - Motion by Mr. Nix, Second by Chairman Grant, ALL AYES, by all present, to approve the revised schedule of completion of architectural services for the Civic Center dated November 23, 1982. CHECK REGISTER NO. 120282 CC-82-303 Following clarification of Warrant Nos. 10674 and 10687, Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, by all present, to approve Check Register No. 120282, as presented. TRAVEL AUTHORIZATION Following discussion and clarification that the cost submitted to CC-82-304 attend the seminar in Sacramento is an estimated cost, Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to authorize the Finance Officer to attend the California Society Municipal Finance Officers' Annual Seminar in Sacramento, February 2-5, 1983, for an approximate cost of $370.20. COLLECTION SERVICE Councilman Petta questioned the need for this service, feeling sufficient data had not been provided to justify the need; felt that since business licenses are paid a year in advance, there should be no delinquency problems; recommended establishing the sewer accounts to stay with a house when it is sold, to ensure that any outstanding balance would be determined and paid or a lien placed on the property at the time of escrow, similar to water service, therefore eliminating liability on sewer accounts. Felt this is a good 11 service, but unnecessary at this time. Recommended taking no action. The City Manager stated that information had been provided from the Finance Department indicating a loss of $1200 a year, with 4-5 accounts monthly which could be handled by the collection agency; stated many cities are using similar collection services. Following other discussion indicating the charge for the service would cost as much or more than the delinquencies, and that the problem exists from not having a good follow-up system, Council concurred that no action would be taken on this matter. RESOLUTION NO. 82-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CHANGING AND RENAMING FRANKLIN STREET TO EMERALD STREET IN TRACTS 9919 AND 9741. Staff was questioned on how the new name for the street was established and the need for renaming the street. The Planning Director stated the Planning Secretary recommended the name and it was accepted since it is a clear -sounding name; stated there is a f1 problem in the numbering system and that it is easier to change the street name with no residences than it is to change residences that are already established. CC-82-305 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to adopt Resolution No. 82-54. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, stated that information was given at the Chamber of Commerce Board meeting that the lease costs are being increased by as much as 45% at the shopping center; therefore, some businesses may not stay. Stated the Chamber plans to inventory businesses in the City. Dennis Evans, 22064 DeBerry, questioned the status of the request for investigation regarding conflict of interest. Attorney Harper stated City Attorney Hopkins will make a report at the December 16 meeting. COMMISSION AND COMMITTEE REPORTS PLANNING COMMISSION CC-82-306 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, by all present, to accept the resignation of Lillian Smith from the Planning Commission, with regret. Mayor Grant read the names of 10 candidates who had applied for the position of Planning Commissioner. Councilman Nix questioned if the advertised opening had specified a deadline for the receipt of applications; indicated an individual had expressed interest; recommended postponing appointment until December 16 to allow all interested citizens to present applications. Councilman Petta recommended postponing the appointment until a work session could be scheduled for interviewing the applicants. Council voiced concern for the considerable absences of Winifred Bartel, and discussed the possibility of declaring that seat vacant. Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to declare the Commissioner position of Winifred Bartel vacant. Mayor Grant voiced opposition to declaring Mrs. Bartel's Planning Commission position vacant until such time as she could be contacted regarding her desire to continue serving on the Planning Commission. It was recommended that Mrs. Bartel be contacted regarding her desire to continue on the Planning Commission and recommend that she submit a letter of resignation if she were no longer able to serve on the Commission. Councilman Nix, with the concurrence of Councilwoman Pfennighausen, withdrew the Motion. Councilman Nix noted that Mrs. Bartel had considered resigning prior to her last appointment. l f �/82 The Mayor directed that the Planning Commission Chairman or the Planning Director contact Mrs. Bartel advising her of Council's concern for lack of attendance and to report the results at the December 16 meeting. 0 Appointment of a Planning Commissioner was deferred to the January 13 meeting to allow time to determine whether two vacancies exist and to conduct interviews. PARKS_ & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) The trees which were authorized by Council are presently being planted at the park site as well as ground cover around the restrooms; (2) A large pine tree has been acquired for $500, which is to be delivered and planted next week. The Lions Club and Woman's Club will be making donations for the tree. The Community Services Director will be completing the electrical wiring for the lighting of the tree by the Mayor. The agenda for the Christmas program will be ready next week; (3) The Committee is requesting that the City Council authorize the Committee to assist the Community Services Department and the Planning Department in the preparation of a Park & Recreation Element Study for the City, to ensure that sufficient land will be allocated for parks as the City develops. Council recommended considering acquiring all of Blue Mountain for a wilderness park; including plans for the three school sites for recreational development as funds become available; and to continue to negotiate acquiring Cage Park. Recess was called at 6:55 p.m., and reconvened at 7:10 p.m. with all members present, except Councilman Rigley. STREET LIGHTING SURVEY The City Engineer displayed a map indicating the results of the response to the Street Lighting Survey; stated that Tracts 9741 and 9919 represent one affirmative vote, since the developer owns most of the Tracts and is obligated to install street lights as a condition of Tract Map approval. The response reflected that 53% of all of the questionnaires were returned, not all of those responding answered all three questions and none of the three questions posed received a majority positive response. Recommended proceeding with the formation of landscaping and lighting districts within those areas which are obligated to form such districts as a condition of Map approval, and requested authorization to contact the property owners within those blocks which had expressed a desire for street lighting, requesting they present a petition for the formation of the district to the City Council. Council indicated that 53% response is excellent; the survey indicates that the community generally does not want street lights; noted that even in those areas where a negative response was received, indication was given that the citizens would be willing to pay their fair share of costs. Council questioned the cost to establish lighting districts; how costs could be assessed to individuals in lighting districts, with the other costs being paid to the City; if residents in the new subdivisions are now paying energy costs; and whether this proposed plan would affect Council's previous direction regarding the establishment of a lighting district on Willet Avenue, as a result of the petition submitted by the residents on that street. The City Engineer stated the City has previously spent a substantial amount of money in the formation of a lighting district, and that material can be used; therefore, additional costs should be minimal, with most of the cost to be assessed to the residents. Attorney Harper stated that under normal circumstances the cost to form a lighting district is included in the overall assessment; had Council chosen to proceed previously with the formation of a lighting district, the costs would have been assessed to the residents in the district. The City Engineer stated that all areas of the City can be formed as one lighting district, under one proceeding - probably under the 1911 Act. The areas do not have to be adjacent to be in one lighting district. Stated in new subdivisions, the developer pays the energy costs for approximtely one year, then the costs are placed on the residents' tax bills. Stated that Mr. Mahoney is to establish a meeting with the residents on Willet Avenue so that he can explain the procedures for the formation of a lighting district, so they can determine whether or not they wish to proceed - presently there is not a majority in favor. Councilman Petta voiced concern that some residents are paying energy costs while others are not; feels either all should pay or none. The City Engineer stated the City has the option of not installing street lights within subdivisions; the County's policy, prior to incorporation, was to light intersections only; Pacesetter Development is presently requesting interior lighting for Tracts 9919 and 9741, and those costs will eventually be placed on the residents' tax rolls. CC-82-307 Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, by all present, to direct Staff to proceed with the formation of landscaping and lighting districts within those areas which are obligated to form such districts as a condition of map approval and to authorize Staff to contact property owners within the blocks which expressed a desire for street lighting, requesting that they present a petition for the formation of the district to the City Council. W 2/92 ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE DISCHARGE OF GUNS, AND DECLARING GUNS IN THE POSSESSION OF MINORS A NUISANCE. Attorney Harper read the title of the Ordinance. The Administrative Assistant advised that, pursuant to Council direction, the Ordinance has been amended to allow the use of weapons under the supervision of a parent or guardian, and allowing their use on private property upon written approval of the City Manager. The Mayor indicated concurrence with the amended Ordinance, with the understanding that the parents fully understand their responsibility regarding the use of weapons. CC-82-308 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to approve the first reading of the Ordinance regulating the use of firearms within the City. ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING ORDINANCE NO. 57, CHAPTER 9, SECTION 9.07OF (AMENDMENT 82-2). Councilman Petta removed himself from discussion and action on this matter due to a potential conflict of interest. Attorney Harper read the title of the Ordinance. The Planning Director advised that this Ordinance reflects the deletion of the 30-acre minimum requirement for development under the Commercial Planned Development, Chapter 9. CC-82-309 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to approve the first reading, by title only, of Ordinance No. 57, Chapter 9, Section 9.07OF (Amendment 82-2), Carried 3-0, with Councilman Petta abstaining. Councilman Petta resumed his position at the Council table. CHRISTMAS TREE SALES LOT The Planning Director advised that the Grand Terrace Fire and Rescue Association has submitted a request to have a Christmas tree sales lot at 12167 Mt. Vernon and a fee waiver. Stated the City has been provided with a hold harmless agreement from the Fire Department and a release from the property owners to authorize the use of the property. Page 6 12/2/82 CC-82-310 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, by all present, to waive all fees and approve a temporary Christmas tree sales lot at 12167 Mt. Vernon Avenue, December 9-23, 1982, for for the Grand Terrace Fire Department. CITY MANAGER REPORT The City Manager requested Council input regarding the type of sign and lighting to be placed in the triangular area at the intersection of Barton Road and Palm Avenue. Council concurred that a sign would be inappropriate at that location; concurred with lighting at the triangle for safety purposes; gave no specific indication of the type of lighting. Councilman Nix stated he understands the Woman's Club plans to request participation from other service clubs to consider a project for a sign or signs within the City. CITY COUNCIL REPORTS SHOPPING MALL SURVEY - TABULATING PROCEDURES Councilman Petta withdrew from discussion and action on this matter due to a possible conflict of interest. CC-82-311 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, carried 3-0, with Councilman Petta abstaining, to appoint Councilman Nix, Councilwoman Pfennighausen, and Barbara Michowski to conduct the tabulation of the survey results at 8:00 a.m., on Tuesday, December 28, in the EOC Conference Room at City Hall, which is open to the public. Councilman Petta resumed his position at the Council table. Councilman Petta stated that information had been presented to Council previous y indicating that he and the City Manager had been secretly involved in negotiations with Mr. Johnson of Federated Stores, and that an individual had requested an explanation. Stated that Mr. Johnson came to City Hall requesting information and that he happened to walk into the City Manager's office and was invited to join those meeting; stated there was no premeditated meeting. Read a portion of a letter to Mr. Dennis Evans from Mr. Johnson. Mayor Grant reported the following: (1) Questioned the status of e concerns expressed by the residents on Dos Rios regarding drainage and the height of the pads on Griffin Homes Development. The City Engineer stated that discussions with certain residents indicates drainage is not a problem at this time, and will be improved as the project is landscaped; Mr. Griffin has been placed on notice stating they had not graded in accordance with the approved plan, and therefore no building permits would be issued until the four lots are in compliance with the plan. Mr. Griffin has requested an opportunity to meet with the property owners; stated Mr. Griffin may appeal the matter. Page 7 12/2/82 The City Manager stated he received a call from the attorneys for Griffin Homes this date requesting placement on the December 16 Agenda to address Council; another meeting has been scheduled with the residents and Griffin Homes; (2) Mayor Grant advised that since the City disapproved the Omnitrans Joint Powers Agreement, the Weighted Vote matter cannot proceed; (3) The City Selection Committee will elect the County's representative to the South Coast Air Quality Management District in January; two candidates have applied, and Council will be requested to select its choice on December 16. One of the candidates has requested authorization to talk to the Council Members. Feels if one candidate is to be authorized, the other candidate should be also; (4) Advised that he voted on the League of California Cities Resolutions as Council had indicated; (5) Advised a League of California Cities Employee Relations Institute will be held January 26 and 27; (5) He, Councilwoman Pfennighausen, and Tom Coyle attended the dedication ceremonies of the Arrowhead Plaza for San Bernardino; (6) Attended Rialto Mayor's Prayer Breakfast; (7) Attended SANBAG and Omnitrans meetings. Tom Glasser, 22032 Tanager, addressed questions to Councilman Petta regarding the attendees, and whether property prices were discussed during the meeting with Mr. Johnson of Federated Stores, stating there was indication that a price of $4.50-$5.00 per square foot was discussed by City representatives, with Mr. Johnson countering with an offer. Councilman Petta stated that Mayor Grant, John McDowell, the City Manager, the Finance Officer, he, Mr. Johnson, and another representative from his Company were present; stated the only recollection he had relative to property prices being discussed was statements made by Mr. McDowell stating he had contacted the property owners and there was discussion in the area of $2.50-$3.00. Mayor Grant requested legal advice on the appropriateness of the questions being addressed to Councilman Petta. Attorney Harper stated the examination process of a council member at a council meeting is inappropriate and, since an investigation is presently being conducted, felt further questioning would be inappropriate; recommended addressing further questions to the City Attorney. ADJOURN The meeting adjourned at 8:16 p.m. December 16, 1982, at 5:30 p.m. APPROVED: The next meeting will be held Respectfully submitted, �'Y Mayor— City Verk Ll Page 8 12/2/82