Loading...
12/16/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - DECEMBER 16, 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 16, 1982, at 6:28 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore (Left Council meeting at 7:40 p.m.) 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 Suk Woo Chung, Loma Linda Korean Church of Seventh Day Adventist, followed by the Pledge of Allegiance, led by Councilman Rigley. CLOSED SESSION Council recessed to a Closed Session at 6:28 p.m. with the City Manager, the Finance Officer, the City Attorney, and George Arzoo, Crabtree, Karlen & Arzoo, in attendance. Reconvene - The regular City Council meeting reconvened at b' 45 p.m. with all Councilmembers present. Mayor Grant announced that the purpose of the Closed Session was to discuss personnel and potential litigation, with no action being taken. APPROVAL OF MINUTES (November 18, 1982, and December 2, 1982) Councilwoman Pfennighausen requested a verbatim transcript of the statements made by Mr. Tom Glasser during the meeting of November 18, 1982; questioned how long tapes are kept. The City Attorney stated tapes are kept only for the use of making the minutes, and has always advised clients to destroy the tapes immediately upon approval of the minutes. Stated that verbatim transcripts of Council Minutes would be an expense to the City; if a member of the public, other than Councilmembers, were to request a copy of the stenographic tapes, they would be available, but would be useless unless transcribed; therefore, members of the public would have to pay the cost of transcription. Page 1 12/16/82 Councilwoman Pfennighausen recoruaended that tapes and stenographic tapes be kept on file for a period of no less than one year; stated other entities have this policy. The City Attorney stated if Council wishes to keep tapes for a year, Council can so instruct Staff. Stated he always advises his clients to destroy those types of tapes, since they are for the City's benefit to make the minutes and, once the minutes are approved, they are of no value to the city and can only be used against the city in courts of law. Therefore, feels it is universal that attorneys advise their clients to destroy the tapes. Mayor Grant stated he has no objection to individuals requesting transcripts of the Minutes; however, feels they must be prepared to pay the cost for having them transcribed. CC-82-312 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, that all Council, CRA, and Planning Commission tapes are to be kept for a period of at least one year. Councilman Nix stated he feels a member of Council that needs an item detailed for the purpose of either changing, approving, or recommending changes to the Minutes should be able to get a transcription. Following discussion, Motion No. CC-82-312 carried, ALL AYES. CC-82-313 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to approve the Minutes of November 18, 1982, as presented. CC-82-314 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to approve the Minutes of December 2, 1982, as amended to reflect Mayor Grant's opposition to declaring the seat on the Planning Commission held by Mrs. Bartel as being vacant until she had been contacted regarding her desire to remain on the Planning Commission and to reflect a vote of 3-0 on Motion No. CC-82-311. GRADING PLAN - TRACT 9772-1, LOTS 3-6 The City Manager read letters from Griffin Homes dated December 9, 1982, and to Griffin Development from the City Engineer dated October 11, 1982; stated Mr. Griffin had requested that this matter be considered by Council. Mr. Everett Miller, Consultant for Griffin Homes, stated the approved tract map had Lots 3-6 draining into a ditch, with placement of the lots much closer to the property line of the residents on Dos Rios. Mr. Griffin investigated the grading plan and determined that modifications would be necessary; placed an access road and moved the lot lines back to avoid having to remove a substantial amount of landscaping and rear yard fencing from the homes on Dos Rios; placed excess dirt on the lower lots to change the drainage pattern from the rear to the front of the lots to alleviate concerns of the homeowners. Met with the homeowners on Dos Rios on November 20, and they indicated they want the lots Page 2 12/16/82 lowered and still have the lots drain from the rear to the front. Requested approval to modify the grading plan to between 3-1/2 - 4 feet above the approved grading plan to allow drainage to the front; felt this compromise would satisfy the primary concerns. Mr. George Forbes, 12161 Dos Rios, stated a meeting was held with him, his wife, the Garcia's, the Booth's, the Flannigan's, and the Molner's; stated the original concern regarding drainage on the south border has been satisfied. Stated the additional elevation interferes with visibility and air flow; understands the original plans were not planned to drain towards the street, and that the drainage appears to be adequate; the homeowners see no justification for the additional height of the lots if the original approved plans are adequate. In discussion, Council indicated drainage to the street would be preferable, and questioned Mr. Forbes as to whether the homeowners would accept lowering the pads to the maximum allowable to still allow drainage to the front, rather than to the rear. Mr. Forbes felt he could not speak for the homeowners on this matter. Council recommended that an engineering report indicating the maximum amount the pads could be lowered to still allow drainage to the front be presented to the homeowners for a decision prior to final Council action on this matter. Mr. Miller stated that further efforts by Griffin Homes to meet with the homeowners on this matter have been unsuccessful and, since they did not attend this meeting to resolve the matter, felt delaying a decision would not change anything. Mr. Dale Griffin stated it would be okay to delay the matter two weeks; stated he didn't feel lowering the pads six feet will give the homeowners anymore view than they would have had under the original tentative map, since the lots would have been closer to the homeowners. Stated that after the property was staked, discovered that some of the homeowners had placed trees and fences on the Griffin property; therefore, would have had to remove the homeowners' trees and fences; as a result, the plan was redesigned, and Griffin Homes placed the lots back 15-20 feet from the original plan, and re -engineered all the drainage. Stated the issue appears to be the line -of -sight - stated that lowering the pads three feet would provide the same aesthetic value as the original tentative map, and would also allow drainage to the front, which would be preferable; feels it would not be beneficial to lower the pads six feet, and feels it will not improve the views. Stated his firm did not build the plan according to the exact grade on the grade plan; however, no grades have ever been exact on any development; questioned if his firm had done anything illegal against the UBC codes or any code by raising the grades on the grading plan. The City Engineer confirmed that final grading is never exactly according to the grading plan; however, did not consider a 6-7 foot variation to be an acceptable variation. Stated that all the work that has been completed - the physical grading, compaction, etc. - Page 3 12/16/82 has been completed legally in accordance with the Uniform Building Codes. CC-82-315 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES, that Griffin Homes is to provide Staff with information on Lots 3-6 regarding the maximum amount the pad elevations can be reduced and still allow the drainage to the front, and any other pertinent information. Staff is to provide the information to Mr. Forbes and the other homeowners, to allow them to meet regarding this matter; and to place this matter on the January 13 meeting for consideration. The City Engineer stated it should be clarified that the next meeting regarding this matter will be held in one month, rather than two weeks; requested clarification as to whether or not Staff is to meet with the property owners. Councilman Rigley stated he feels the City Manager or Staff should coordinate this matter with the property owners. Recess was called at 7:40 p.m. Councilman Rigley left the Council meeting at 7:40 p.m. Council reconvened at 7:55 p.m., with all Councilmembers present except Councilman Rigley. ORDINANCE NO. 68 (Second 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. The City Attorney read the title of the Ordinance. L--' The Administrative Assistant advised this Ordinance was proposed to make the discharge of firearms in the City illegal; in response to objections raised regarding the Ordinance being too stringent by not allowing for the use of some weapons with supervision on private property, the Ordinance has been amended, as directed by Council, to allow the City Manager to grant a permit for the use of certain weapons on private property under supervised conditions. Mayor Grant opened public hearing on the matter. Supporting Testimony John McDowell, 22690 Cardinal, spoke in favor of the Ordinance; stated that State law not only prohibits children from having arms, but also felons and the insane; questioned whether this was considered or was purposely not addressed, and whether the Ordinance covers the use of BB guns and pellet guns by children. The City Attorney stated this Ordinance speaks to isolated discharge of firearms and the carrying of firearms by minors within the City limits; State law adequately covers firearms. 0 Page 4 12/16/82 Dick Rollins, 22700 DeBerry, questioned how the law enforcement officers would enforce this Ordinance, regarding discharging buck shot on New Year's Eve. Opposing Testimony - none. The Mayor closed public hearing on the matter. CC-82-316 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, by all present, to adopt Ordinance No. 68 by title only. ORDINANCE NO. 67 (Second 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 declared a possible conflict of interest on this matter and removed himself from discussion and action on this item. The City Attorney read the title of the Ordinance. The Planning Director advised this Ordinance amends the Zoning Ordinance by deleting Section 9.07OF from Ordinance No. 57, which reads as follows: "Minimum acceptable development site shall be 30 acres, however, actual development may take place in lesser increments." Mayor Grant opened public hearing on the matter and closed the public hearing, there being no testimony for or against the matter. CC-82-317 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to adopt Ordinance No. 67 by title only, carried 3-0, with Councilman Petta abstaining and Councilman Rigley being absent. 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). Councilman Petta declared a possible conflict of interest and disqualified himself from participation in discussion or action on this matter. The City Attorney read the title of the Ordinance. The Planning Director stated this Ordinance is a proposed amendment to the zoning map; recommended continuation of the public hearing and consideration of adoption of this Ordinance to the City Council meeting of January 13 in an effort to help eliminate confusion by not adopting this Ordinance and Ordinance No. 67 at the same meeting. Page 5 12/16/82 Mayor Grant opened public hearing on the matter. Supporting Testimony - none. Opposing Testimony Dennis Evans, 22064 DeBerry, requested clarification for the reason for rezoning from C2 to C2 CPD, and questioned the delay in consideration of adoption of this Ordinance. The Planning Director stated that Staff was recommending continuation of this matter pursuant to Council direction that the two ordinances be considered separately to eliminate confusion; read the five reasons for the proposed zone change as specified by the Planning Commission, as outlined in the Staff Report for the Council meeting of October 14, 1982, regarding this matter. Following clarification that further consideration of this matter would have to be continued to the meeting of January 13, 1983, pending legal notification to the residents, and pursuant to CC-82-318 Council's request to consider the matters separately, Motion by Councilwoman Pfennighausen, Second by Councilman Nix, to continue the Public Hearing and consideration of the second reading and adoption of this Ordinance to January 13, 1983, carried 3-0, with Councilman Petta abstaining and Councilman Rigley being absent. CONSENT CALENDAR The following item was removed from the Consent Calendar: 3D - Confirm contract award by the CRA for construction of the fire station. CC-82-319 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to approve the following items on the Consent Calendar: 3A - Check Register No. 121682; 3B - Accept the following projects requiring restricted funds from the CRA Budget: (1) Rehab Community Center - P9, Dept. 4909, Line Items 255, 256, 600. (2) Restroom - P13, Dept. 4911, Line Items 255, 256, 600. (3) Reconstruct Barton Rd. from Mt. Vernon to N/E City Limits- P-7, Dept. 4908, Line Item 600; 3C - Budget Transfer of $2,000 from Line Item 13-4430-250 to Line Item 13-4430-220. 0 Page 6 12/16/82 PUBLIC PARTICIPATION Tom Glasser, 22032 Tanager, questioned if there would be a report by City Attorney Hopkins regarding the investigation on conflict of interest. Mayor Grant stated this matter would be presented during the City Attorney's report. COMMISSION AND COMMITTEE REPORTS PLANNING COMMISSION Mayor Grant referenced the Staff Report dated December 9 advising that, pursuant to Council direction, Staff had contacted Mrs. Bartel regarding her continuance on the Planning Commission; Mrs. Bartel had indicated that she wishes to continue on the Planning Commission. Mayor Grant stated he has great admiration for Mrs. Bartel and feels she has been doing a good job. Commissioner McDowell stated Mrs. Bartel had indicated that personal problems had caused her absences from the Planning Commission meetings. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the the Christmas program was very successful; observed three coyotes on the school property later that evening; requested this matter be investigated. CRIME PREVENTION COMMITTEE Chairperson Judy Rinderhagen reported the following: (1) Due to lack of a quorum, there are no minutes; (2) Block Parent Program will be presented to the school PTA's; (3) There were fifteen larceny thefts and five burglaries; (4) The Community Services Office has been assisting with placing the signs for Neighborhood Watch; in the future, the individuals will be provided the signs at the meetings for placement. RED CURB PAINTING The Community Services Director stated that during the month of October Staff was contacted by Mr. Driskill, Grand Terrace Elementary School Principal, regarding a possible safety hazard consisting of a crosswalk extending across Vivienda from the school and running into the curb right in front of the Kiddie Carousel Child Care Center; stated, on several occasions, he had witnessed vehicles parked that have backed up and bumped children. This matter was investigated with the City Engineer and the City Manager in attendance, and concensus was reached that the matter did require immediate consideration and, due to the safety factor, did not allow time for Council approval; requested retroactive approval. CC-82-320 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, by all present, to approve retroactively the painting of the curb in front of 12030 Vivienda red in order to ensure the safety of individuals utilizing the existing crosswalk. Page 7 12/16/82 LAW ENFORCEMENT PROPOSALS The Administrative Assistant advised that, in response to the City's request for proposals, one proposal for providing law enforcement services was received from Linda Bianchi, a resident of Grand Terrace, who is in police administration and proposes starting a City of Grand Terrace police department with two officers at 24 hours a day for $297,292.50 a year; stated the proposal does not include provisions for retirement, health, deferred compensation benefits, unemployment insurance, or workman's compensation insurance; voiced concern regarding the price of vehicles and the maintenance allotment; stated Staff feels this proposal would result in costs in excess of $400,000 and, therefore, recommended continuing negotiations with the San Bernardino County Sheriff's Department for law enforcement services for FY 1982-83. Mayor Grant clarified that the proposals for law enforcement services would be for FY 1983-84, rather than FY 1982-83. Councilwoman Pfennighausen questioned whether Ms. Bianchi is aware the City has no vehicle maintenance program; stated the biggest cost of vehicle maintenance work is the labor; stated that other areas of concern would be that the City has no jail, and questioned whether the County would provide free service for its jail and booking procedures. Linda Bianchi stated the County of Riverside provides jail services and lab services free, which are paid for by property taxes; tried to question San Bernardino County regarding this matter, but received no response. Stated the price of the vehicles was quoted from the Riverside Police Department; the maintenance costs were received from Desert Hot Springs under the concept that new vehicles are still under warranty and major problems would go back to the factory, which reduces costs. Mayor Grant opened the meeting to public participation. Dennis Evans, 22064 DeBerry, questioned if the City is attempting to contract with a private security force, stating if it is a private firm, they have no powers of peace officers; stated this would require coordination with a law enforcement agency, or the City would have to set up its own police department. Mayor Grant stated the City is investigating alternatives, since law enforcement costs are so expensive; stated this does not imply dissatisfaction with the services presently being received from the San Bernardino County Sheriff's Department; the City would not contract with a firm not legally qualified to undertake law enforcement and would have to meet post requirements. CC-82-321 Motion by Councilman Petta, Second by Councilman Nix, to continue negotiations with the San Bernardino County Sheriff's Department for law enforcement services for FY 1982-83. Page 8 12/16/82 Mayor Grant stated that, in his opinion, the process of charging administrative overhead by the County of San Bernardino is inequitable, particularly for the services of Treasurer, Auditor, and County Counsel, since the citizens pay property taxes. Mayor Grant stated he, the City Manager, and the Mayor and City Manager of Loma Linda met with Supervisor McKenna regarding this matter; stated legislation becomes effective January 1, 1983, prohibiting counties from charging overhead to cities - this does not apply to contracts entered into prior to 1983; the City has not yet signed a contract for services presently being received; has requested that the County provide a breakdown of the administrative overhead charges for our review. Supervisor McKenna recommended that, following a review of the breakdown of overhead charges, the City submit correspondence to the CAD indicating those areas which the City feels are justifiable and those which are not felt to be fair to the City; he also recommended that Council consider authorizing him to make a commitment in behalf of the City, based on getting the administrative overhead charges reduced as much as possible. Questioned whether Council would prefer that a special meeting be called prior to the end of the year, or whether they would authorize him to negotiate the matter and make a commitment in behalf of the City. Following further discussion, Motion No. CC-82-321 was amended by Mr. Petta, with concurrence of Mr. Nix, to authorize the Mayor to continue negotiations with the County of San Bernardino for the FY 1982-83 Law Enforcement Contract, and to authorize him to use his own discretion as to whether or not to enter into a contract for law enforcement services, or to arrange a special meeting for Council consideration. The Motion carried, ALL AYES, by all present. Council thanked Ms. Bianchi for the proposal submitted; clarified the proposal is not being disregarded for consideration as a FY 1983-84 alternative. POLICE CHIEF REPORT Council referenced correspondence from Captain Schuyler regarding the traffic enforcement program, which indicated a need for stop signs at locations on Michigan and questioned the procedure required to install the stop signs. Captain Schuyler stated the purpose of installing stop signs would be to reduce speeding on Michigan; stated the only action required would be Council direction to Staff to install the stop signs; stated another alternative is to conduct a speed survey to enable the Sheriff's Department to use radar for enforcement of speed in that area. Council directed Staff to consider installation of the stop signs and to submit a report to Council. Captain Schuyler stated he will be leaving his present position; expressed appreciation to the Staff; stated he will still be working with the community in his new position. Page 9 12/16/82 CITY ATTORNEY REPORT CONFLICT OF INTEREST REPORT City Attorney Hopkins stated he was directed to report to Council regarding the allegations made by Mr. Glasser regarding what he felt were violations of various conflict codes regarding Councilman Petta and City Manager Seth Armstead. Gave a brief history of the accumulation of laws dealing with conflict of interest; stated the City adopted Resolution No. 80-26, which constitutes the local Conflict of Interest Code; stated that code addresses the reporting requirements for certain designated employees. Council is governed by the Fair Political Practices Commission and the Political Reform Act and has the same disclosure disqualifi- cations. Stated both Councilman Petta and Mr. Armstead have declared ownership of the property in question on their initial statements and thereafter have reported that property; the parcel is jointly owned and was purchased prior to City incorporation; the reporting requirements appear to be appropriate throughout discussion of areas involving that property. The City Attorney stated that, in reviewing the material and actions taken, tried to categorize those actions relating to the planning functions, the CRA functions, the Economic Development Committee functions, and the Council functions. Discussed the functions of the CRA and the Economic Development Committee with Attorney Nazarek, since he serves as CRA counsel; Mr. Nazarek concurred that most of the functions beginning with the first Redevelopment Plan did not involve that parcel of property, so there would be no conflict of interest relating to that Plan; stated he doesn't feel there is a conflict of interest in the Revised Redevelopment Plan which encompasses the entire community, since neither individual would be any differently affected than would the rest of the community in that particular development plan. Stated the Economic Development Committee was not charged with considering a specific area; the Committee was to review and promote the entire commercial interests of the City; therefore, did not feel there was a conflict of interest on Councilman Petta's part in making an appointment to that Committee, or any participation regarding that Committee. Regarding planning functions, stated that, to his knowledge, Councilman Petta has abstained and declared a potential conflict of interest and disqualified himself regarding all matters pertaining to that property. Stated the City Manager was not involved in the zoning process - the Planning Director handled those matters; stated the City Manager had disclosed ownership of the property. Stated that Mr. Glasser had made reference to the failure of Mr. Armstead to disclose in writing a potential conflict to his immediate supervisors, as required by the local conflict of interest code; stated the code says "when disclosed in writing, will be handed over to the City Clerk, who will duly record it." Stated the City Manager has reported his financial interest in that property on Page 10 12/16/82 many occasions, and that action has been recorded in the Minutes by the City Clerk; cited a specific example was when Council considered having the City Manager serve on the Economic Development Committee in an advisory capacity when the committee formulated; at that time, the City Manager recommended against his being a part of that Committee, due to a potential conflict of interest on his part; that was reported in the Minutes, was disclosed to the City Clerk, and was duly recorded by her, as the code requires. Stated his review of documents indicates this had occurred on several occasions. Stated he feels the records show that Councilman Petta has made good -faith efforts to disclose ownership of property, has disqualified himself and did not participate in decision making when it appeared to be a foreseeable conflict of interest; stated it would be difficult to discern at what stage Councilman Petta should no longer participate in issues regarding the Economic Development Committee, since it made recommendations regarding a shopping center, or matters relating to the circulation element, since it could benefit the entire community. Feels that Councilman Petta and Mr. Armstead have properly disclosed and disqualified themselves regarding the property. Stated if anyone feels they have not appropriately disclosed, reported, or disqualified themselves, remedies may be taken under the code. Stated the law is to be construed in favor of the disclosure disqualifications, and says good -faith efforts are to be given great effect; in this instance, feels there has been total good -faith efforts by both individuals involved. Stated his report concludes he has found nothing on which to act any further; feels there has been good -faith effort by both individuals to comply with both the local and State codes in this regard. Mayor Grant questioned if any citizens would like to address Council on this subject prior to Council discussion. Tom Glasser, 22032 Tanager, stated he had requested an inquiry on a series of notations he had made from CRA and Council Minutes and quotations from newspaper articles in which there seemed to be a glaring conflict of interest; stated the City Attorney has provided a summarization of conclusions stating in his opinion there was no conflict of interest; felt the answers should have been presented more specifically and in writing; referenced the meeting with Mr. Johnson and Councilman Petta's nomination of Jerry Hawkinson to the Economic Development Committee as examples of conflict of interest. Stated the City Attorney indicated he would contact him to get a list of the items recited, but was never contacted; left a message for the City Attorney requesting he be allowed to review his findings, but was never contacted. Stated the Political Reform Act is aimed at prohibiting not just disclosure, but decision -making, negotiations, and nominations. Page 11 12/16/82 Stated he wants our officials to act in an impartial manner; requested Council to ask the City Attorney to put his findings in writing and to make a detailed investigation; stated the City Attorney could contact him to discuss areas which he feels, as an attorney, are conflicts. Mayor Grant stated Dennis Evans called him indicating the City Attorney had not contacted Mr. Glasser; stated he was to have been called if further attempts were unsuccessful; stated he was never contacted further. Councilwoman Pfennighausen stated John McDowell seemed to be directing the Economic Development Committee's efforts to a specific area, and when the Committee's Report was submitted, it was definitely pointed to the area west of Michigan between the freeway by Barton Road and down to Pico. Stated, for the record, that she thinks we have a good City Manager, probably one of the best in the County, and wants everybody to know she feels that way; feels he has done some wrong things; feels the same way about Councilman Petta, but feels citizens of the community have the right to get the matter straight in their minds; feels wrong things have been done, and the people involved need to admit that. The City Attorney stated he feels the Economic Development Committee was the most suspect area of potential conflict involving Councilman Petta. Found in the Minutes on several occasions where Mayor Grant and Councilman Nix admonished the Committee because they felt it was not doing the task assigned them by Council; can't find a conflict when Council makes appointments and establishes duties of a more general nature than the Committee actually undertook. Councilwoman Pfennighausen stated she wants the individuals to know this isn't a personal vendetta; respects the work they have both done; stated she has a seven -page research document primarily centering on CRA and City Council Minute references in areas that she definitely feels there is a conflict of interest; feels the express charges brought by Mr. Glasser have not been answered and need to be answered specifically. The City Attorney offered to meet with Councilwoman Pfennighausen to review the documents she referenced; stated it is his duty, as City Attorney, to review areas which are felt to be valid conflicts of interest by Council; stated it is not his function in the City to answer Mr. Glasser; stated he is only accountable to Council in the interest of good government; would resist being required to answer Mr. Glasser or any citizen on a subject such as this. Councilman Nix stated he researched and found no documentation that indicates this is an appropriate channel for either the allegations, or for the Council to proceed; feels Council should either accept and be satisfied with the City Attorney's Report or seek additional legal consultation; feels it is not Council's function to be a court. Page 12 12/16/82 Mayor Grant stated Council has the right and obligation, if it feels it is appropriate, to initiate action; concurred that Council session is not the proper forum. The City Attorney stated he would be willing to advise any Councilmember on the conflict of interest; feels that is in compliance with the law. CITY MANAGER REPORT (1) The City Manager distributed a mailgram dated December 14 from the League of California Cities advising that the State fiscal crisis is real and immediate, with a billion -dollar deficit, and that City subvention funds will be curtailed for the balance of this fiscal year; the mailgram urged all cities to request that the billion -dollar deficit be resoved equitably, with consideration for preserving support for essential local services. The City Manager recommended sending a mailgram to both Governor Brown and Governor -Elect Duekmajian regarding this matter, and to include recommendations for State budget cuts as itemized in a mailgram sent June 14 to Senator Ayala and other legislators. CC-82-322 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, by all present, to authorize the City Manager to send a mailgram opposing State subvention cuts and recommending reductions to balance the State budget, to be sent to the Governor, the Governor Elect, and the State legislators. (2) Stated another urgent letter which was received regarding the budget crisis and reverse bail -out will be placed in the reading box. (3) Advised the City Attorney signed the stipulation and order dissolving the preliminary injunction by the City of Colton, which eliminates the sewer connection moratorium; will be placed in the reading box. (4) Distributed copies of a sales proposal to the City of Grand Terrace for the Grand Terrace Professional Building, 22365 Barton Road, submitted by Mr. Kernen, President of Stockwell and Binney. (5) Stated Council will be requested to consider a resolution for Riverside Highland Water Company regarding land the firm plans to sell at the January 13 meeting. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT REPRESENTATIVE Mayor Grant stated that City of Rialto Councilman Tom Sawyer and City of Ontario Mayor Pro Tem Faye Myers Dastrup are seeking City support to serve as the representative for the South Coast Air Quality Management District; background information has been furnished on both individuals. Stated the by-laws of the City Selection Committee specify that the delegate must vote in compliance with the majority vote of the Council represented; stated he feels both individuals are well qualified; however, since he Page 13 12/16/82 was contacted by Mayor Pro Tem Faye Myers Dastrup first and indicated his support, would vote for her. CC-82-323 Motion by Mayor Grant, Second by Councilman present, that Council support the candidacy Myers Dastrup to be the representative for Quality Management District. CITY COUNCIL REPORTS Page 14 12/16/82 Nix, ALL AYES, by all of Councilwoman Faye the South Coast Air Councilwoman Pfenni hausen related an incident which occurred on Barton Road near City Hall on December 13 involving a dog hit by a blue car, which did not stop; stated Animal Control was contacted, but did not respond; stated a Riverside fireman and a young man, unidentified, assisted with the injured dog and took it to a veterinarian; recommended presenting a commendation to both individuals. Mayor Grant stated he was also present and confirmed no service from Animal Control was received; feels we are paying Animal Control to perform services which should be received; feels the City has no choice but to use the Animal Control Services of San Bernardino County, since the City cannot afford to have its own Animal Control program; concurred with presenting commendations to the individuals. Councilman Petta reported the following: (1) Commended the Parks and Recreation Committee on the success of the tree lighting ceremony; suggested the Committee consider a function every holiday; (2) Stated the City of San Bernardino requested the City adopt a resolution opposing the location of a prison in the Glen Helen area; read City's Resolution No. 82-35, adopted August 12, 1982, opposing construction of a prison anywhere in San Bernardino County; recommended sending copies of that Resolution to the City of San Bernardino, the Board of Supervisors, and all legislators reaffirming our City's position, not only in Glen Helen, but anywhere in San Bernardino County. Councilman Nix requested that the appropriate party be contacted to remove a tree branch hanging in the power line on Barton Road. Mayor Grant reported the following: (1) Referenced receipt of a letter from Mr. Falkner, Southern California Edison Company, expressing appreciation for the City's cooperation during the recent storms; (2) Attended LAFC meeting December 8; Larry Hendon presented information regarding possible reorganization within the County, which included a recommendation for expanding Grand Terrace to include Reche Canyon. INSURANCE - COMMUNITY CENTER Councilman Petta stated the insurance policy for District has the policy. that a question had been raised regarding the Community Center; stated the School El Councilman Nix stated he had requested that Mr. Jacobsen include the Community Center in the School District policy and to send the billing to the Lions Club; feels the insurance has been provided for the Community Center in that manner. The Mayor opened the meeting to public participation. Dick Rollins, 22700 DeBerry, stated he provided a silver shovel for the ground breaking ceremonies for Terrace Hills Community Park; questioned the location of the shovel. ADJOURN Mayor Grant adjourned the regular City Council meeting at 10:13 p.m. to a public workshop session with the CRA to be held January 4, at 1:00 p.m. in the EOC Conference Room at City Hall, 22795 Barton Road, to discuss the fire station construction contract. Respectfully submitted, APPROVED: Mayor \ Page 15 12/16/82