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01/13/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 13, 1983 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 January 13, 1983, at 7:35 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman (Left the meeting at 10:35 p.m.) Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: None The meeting was opened with invocation by Councilman Nix, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. 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 removed himself from discussion and action on this matter due to a possible conflict of interest. Mayor Grant advised there was to have been a public hearing and second reading of this Ordinance; however, since proper legal notice was not given, the public hearing will be conducted on January 27, 1983, at 7:30 p.m. Mayor Grant advised that at the conclusion of the Council meeting, a Closed Session will be held. Recess was called at 7:37 p.m. and reconvened at 9:25 p.m. with all Council members present. APPROVAL OF MINUTES - DECEMBER 16, 1982 CC-83-01 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to approve the Minutes of December 16, 1982, as presented. Page 1 1/13/83 SPECIAL PRESENTATIONS Councilwoman Pfennighausen related an incident which had occurred on Barton Road on December 13 involving a dog hit by a car, and the action taken by two individuals following the accident, which saved the dog's life. Councilwoman Pfennighausen had previously recommended that Certificates of Commendation be presented. The injured dog was present at the meeting. Mayor Grant read and presented Certificates of Commendation to David Whitsett and Richard Solometo. CONSENT CALENDAR The following item was removed from the Consent Calendar: 3I - Accept B. R. Sharp Wastewater Report. CC-83-02 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to approve the following items on the Consent Calendar: A. Check Register No. 011383; B. Accept FY 1981-82 CRA Audit; C. Accept FY 1980-81 & FY 1981-82 City Audits; D. Authorize CPA Firm of Crabtree, Karlen & Arzoo to conduct FY 1982-83 Audit; 0 E. Authorize CPA Firm of Crabtree, Karlen & Arzoo to conduct FY 1982-83 Six -Month Audit; F. Authorize Budget Transfer of $1,350.00 from FY 1982-83 Balance Forward to Item 10-4140-250, for Professional Assistance; G. Confirm CRA Action on Selection of Financial Firm; H. Confirm Contract Award by the CRA for Construction of the Fire Station; J. Appoint the Planning Department to coordinate the Permit Review Process for residential projects within the City, pursuant to AB 941; K. Authorize execution by the Mayor, and Recordation by the City Clerk, of Grant Deed and Certificate of Compliance conveying a portion of Terrace Hills Community Park to the Colton Joint Unified School District, as outlined in the legal description; L. Authorize the Mayor, in behalf of the City, as a stockholder, to execute Riverside Highland Water Company Resolution to sell 22.612 acres of property; Page 2 1/13/83 M. RESOLUTION NO. 83-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REQUESTING A DELAY BY THE U.S. CONGRESS IN THE IMPLEMENTATION OF THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 AS IT PERTAINS TO THE REQUIREMENT THAT, AS OF JANUARY 1, 1983, ALL NEW MUNICIPAL BONDS MUST BE ISSUED IN REGISTERED FORM TO PRESERVE THEIR TAX-EXEMPT STATUS. N. Authorize Execution by the Mayor, and Recordation by the City Clerk, of Notice of Completion for Contract No. GTC-82-29 (Sandblasting & Re -stucco of Community Center - Ralph Rangel, Contractor). 0. Authorize Staff to install stop signs on Michigan Street at its intersection with DeBerry and Van Buren; P. Authorize Staff to Advertise for Bids for Street Striping for FY 1982-83 (GTB-83-01). Councilman Petta announced that the funds which the Water Company will receive for the sale of the property will be used for the purpose of updating the waterlines. B. R. SHARP WASTEWATER REPORT The Finance/Administrative Services Officer stated payment in the amount of $3,796 will be listed on the January 27, 1983, Check Register for the analysis of the B. R. Sharp Audit which was conducted by the CPA firm of Crabtree, Karlen & Arzoo. CC-83-03 Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, to accept the B. R. Sharp Wastewater Report. COMMISSION & COMMITTEE REPORTS PLANNING COMMISSION PLANNING COMMISSION APPOINTMENT Interviews were conducted with 10 candidates during a public workshop session which was held at 3:00 p.m. this date. Councilman Nix nominated Norman Caouette; Councilwoman Pfennighausen nominated Chester Easter; Councilman Petta nominated Thomas A. Tillinghast. Council voted for the three candidates as follows: Norman Caouette - 2 votes; Chester Easter - 1 vote; Thomas A. Tillinghast - 2 votes. Council conducted a vote for the resulting two top candidates. The results of that vote were: Norman Caouette - 3 votes; Thomas A. Tillinghast - 2 votes. Page 3 1/13/83 CC-83-04 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, to unanimously appoint Norman Caouette as a member of the Planning Commission to fill the unexpired term of Lillian Smith, to expire June 14, 1984. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) On behalf of the Soccer Club, thanked the Council members who attended the Awards Day, and gave special thanks to Councilman Petta and Councilwoman Pfennighausen for sponsoring teams; the Soccer Club is now forming adult teams; (2) Requested donations to purchase a tree to be planted at the Terrace Hills Community Park in memory of Ray Robles; stated Len Kramer has offered to plant the tree and will get a plaque; (3) Councilman Rigley questioned the vandalism of the fence at the park; (4) Requested that Sheriff's Officers patrol the park between the hours of 10:00 a.m. and 1:00 p.m., since there are young people gathering during those hours who are possibly truant from school. Judy Rinderhagen advised that Mr. Hank Balke, with the Colton Joint Unified School District, should be contacted at 825-0730 to report students who are felt to be truant. CRIME PREVENTION COMMITTEE Chairperson Judy Rinderhagen reported the following: (1) Completed the budget; (2) Minutes from the previous meeting will be in the next City Council packet; (3) A Neighborhood Watch Program is planned for the entire community in April; (4) The Committee was opposed to barricades at the park, which are being placed as early as 6:30 p.m.; feels the park should be closed at 10:00 p.m., pursuant to the Ordinance. EOC COMMITTEE Councilwoman Pfennighausen requested including the EOC Committee in the Committee & Commission Reports on the next agenda; stated the communications section of this Committee has been working for two to three months, and will be establishing dates for monthly Committee meetings. Mayor Grant directed that the EOC Committee be included with the Commission & Committee Reports on the next Council agenda. GRADING PLAN - TRACT 9772-1, LOTS 3-6 The City Engineer stated that unsuccessful attempts have been made to coordinate a meeting between the residents on Dos Rios and the developer, Griffin Homes. Griffin Homes presented the following proposal for consideration by the property owners: Item 1 - To lower the pads to a minimum elevation, which would maintain the drainage from the pads towards the street by 2.4 feet for Lot 3; 2.6 feet for Lot 4; 3.3 feet for Lot 5; and 2.7 feet for Lot 6; Item 2 - To construct a wrought iron fence at the top of the slopes on the rear of the lots; Item 3 - Landscaping to be completed as Page 4 1/13/83 soon as the properties close escrow; Item 4 - To Quit Claim the portion of the property now owned by Griffin Homes to the property owners. Stated that Mr. George Forbes was to have discussed this proposal with the property owners and to present the results of that meeting to the City Council prior to this meeting; representatives from Griffin Homes are present; the property owners have not considered the proposal and are not present. The City Engineer was questioned if the compromise proposal would have been approved if it had been submitted when the tentative tract map was approved; if it is preferable to have the drainage towards the street; why the original drainage plan was approved; and if, at one time, the lots were at the approved height and then more dirt was added. The City Engineer stated the compromise proposal would have been approved; it is preferable to have drainage towards the street; stated the drainage plan as originally submitted is within the design standards, which does not include a 100-year storm; the initial grading plan was approved because it complied with the grading ordinance; the channel that was constructed will still perform a function; felt the height of the pads was ascertained during grading. Stated that from an engineering standpoint, both of the plans comply with the grading ordinance. Council indicated a preference for deferring action on this matter to the meeting of January 27 to allow the Council members to speak with the property owners individually. Bill Snell, representing Griffin Homes, stated he made the decision to raise the pads; feels the proposal would create a better situation in terms of air flow; feels the property owners are distressed that the project is there and is a form of punishment to cause the developer to lower the pads; feels Council should consider what is in the best interest of the property owners, the community, and those future homeowners who will have to maintain the drainage in the rear. Stated that Mr. Griffin is willing to establish wrought iron fencing, is willing to Quit Claim property to the property owners, and has been willing to compromise to a very large extent. Feels once the landscaping has been established on the banks, it will be very attractive. Dale Griffin, Griffin Homes, stated the original tentative map, as approved, was for banks 18 feet high, and 20 feet closer to the homeowners. When irrigation lines were to be installed, discovered the homeowners had improvements on the developer's property. Rather than disturb those improvements, redesigned the slope and moved it back approximately 20 feet from their improvements, so the approved tentative plan at 18 feet would have cut down more air circulation than the present proposal. Was aware this was an emotional issue Page 5 1/13/83 with the property owners so, rather than tear down their trees that were on his property, re -engineered the irrigation lines, the drainage, and the grading. Requested consideration of his firm's efforts to compromise and to create a workable situation. Mayor Grant stated action on this matter would be deferred to the meeting of January 27. Councilman Nix left the Council Chambers at 10:35 p.m. BARTON ROAD RECONSTRUCTION - RIGHT-OF-WAY ACQUISITION The City Engineer stated that the appraisal report for the right-of-way acquisition along Barton Road had been completed and filed in the City Manager's office; a summary of that report was submitted with the Staff Report dated December 21, 1982, Subject: Barton Road Reconstruction - Right -of -Way Acquisition, with the full appraisal report being available in the Council reading box. Stated that since this is a Federally funded project, acquisition is required to be conducted by a qualified appraiser who is familiar with the Uniform Relocation Act provisions. Recommended accepting the appraisal report, and authorizing Staff to acquire the necessary right-of-way. Council questioned the need for a broker and the amount of right-of-way on Parcel No. 10. The City Engineer stated the requirement for a broker is a Federal requirement; that the improvements as they now exist are on private property - right-of-way was not acquired when the improvements were installed. Mayor Grant opened the meeting to public participation. Robert Derby, 22754 Miriam Way, representing some of the property owners, particulary the Aherns, questioned how the property would be acquired, how much property would be taken, if there is a provision for a noise abatement wall behind the properties to keep the noise level to a minimum, feeling traffic will increase; and the price range Council is considering. Stated the major concerns are noise abatement and increased traffic flow. Marge Jillson, 22605 Miriam Way, voiced concern about the increased noise, and that the right-of-way will move the street closer to their property; stated they presently have a wood fence and questioned the possibility of replacing with a noise abatement wall. Council clarified that the purpose of this project is to realign Barton Road, not to widen or to add a traffic lane, and that all improvements will be replaced equitably. Considered the possibility of ascertaining the cost difference between the present fencing and a noise abatement wall, with either the property owners paying the difference or the City paying the costs. Page 6 1/13/83 The City Attorney stated it would be equitable for the property owners to pay the difference, but felt the City paying the entire cost would constitute improper use of public funds. The City Engineer recommended ascertaining the cost to provide a solid block wall, then determining the difference in that cost versus the total cost to replace the present improvements for each parcel. CC-83-05 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, by all present, to defer action on this matter to allow the City Engineer to determine the cost of a block wall, and to meet with the homeowners to discuss this matter when the information has been assembled. Recess was called at 11:10 p.m. and reconvened at 11:20 p.m. with aTTmembers present, except Councilman Nix. BARTON ROAD SIDEWALK - SB 821 GRANT The City Engineer advised that application was made for SB 821 funds and received a $5,600 grant for the City's sidewalk beautification proposal in front of the Grand Terrace Independent Market on Barton Road. The application requested funds for the entire project, including sidewalks, landscaping, and irrigation. However, it was determined that the landscaping and irrigation were not eligible for funding under this program. Presented two alternatives for consideration: Alterntive No. 1 includes landscaping, irrigation, and maintenance, with a five-foot wide sidewalk, for an estimated cost of $15,100; and Alternative No. 2 would be for only a standard 13.5 foot sidewalk, for an estimated cost of $10,990. Recommended proceeding with Alternative No. 2, since that is the standard width in a commercial area. In discussion, Council indicated a preference for landscaping due to the locations, and pursuant to the goal of beautifiction for the entire City. Councilman Rigley recommended considering Alternative No. 1, with an eight -foot meandering sidewalk; Councilwoman Pfennighausen stated that the Woman's Club has a State project for participating with communities in beautifiction projects such as this and stated they possibly could pursue the landscaping of this area as a project. CC-83-06 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, by all present: (1) To authorize Staff to advertise for bids on Alternative No. 1 as follows: Sidewalk 8' wide by 370' length @ #2.00 per square foot - $5,920 Water meter and reservoir fee - 2,000 Landscape - 5,000 Irrigation system - 3,000 Inspection and administration - 1,400 Maintenance (per year) - 1,000 TOTAL ESTIMATED COST - $18,320 Page 7 1/13/83 (2) To authorize transferring funds in the amount of $11,720 from the balance forward, FY 1982-83; and (3) to adopt the following Resolution: RESOLUTION NO. 83-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE TDA (SB 821) BICYCLE & PEDESTRIAN FACILITY CLAIM - ARTICLE 3. LAW ENFORCEMENT CONTRACT - FY 1982-83 Mayor Grant stated that he, the City Manager, and the Mayor and City Manager of Loma Linda met with Barbara Riordan, representing Supervisor McKenna, Errol Mackzum, the Auditor -Controller, and Joe Bell, the Treasurer, to discuss the issue of County administrative overhead for the law enforcement contract. Mr. Mackzum was unable to itemize the source of revenue for each line item which would indicate those items which are already being paid through taxes. The City feels that, since the County is required to provide law enforcement services throughout the County, the City should only be required to pay for any additional law enforcement requested above that which would be provided if the City were not incorporated. Stated he feels the City has acted in good faith, on the advice of our Attorney, and negotiations are continuing. A meeting is scheduled with Supervisor McKenna for January 18. In discussion, it was clarified that the law enforcement contract is a continuing contract, with addendums each fiscal year; it was noted that the County accepted a check, with the overhead deducted, for the first quarter of this fiscal year. Mayor Grant stated that he signed the FY 1982-83 addendum, amended to reflected the deducted overhead costs; the City Clerk hand -carried the signed addendum and a check covering the law enforcement costs through the end of the year, with the overhead charges deducted, to the CAD's Office; Mr. Rigney sent the check back with a cover letter. The City Attorney stated the City could go to court and get a Writ of Mandate issued which would force the County to continue the contract, which would allow time to determine the legality of the overhead charges. Council concurred that the Mayor should continue the negotiations on the law enforcement contract. COUNCIL REPORTS FIRE STATION GROUNDBREAKING CEREMONY The GroundBreaking Ceremony was set to be held Friday, January 21, 1983, at 4:00 p.m. Page 8 1/13/83 Councilwoman Pfennighausen stated a report was received that an officer did not follow up adequately, in the opinion of those involved, on a problem in the shopping center; stated the Administrative Assistant has investigated this matter, the officer has been identified, and the supervisor is handling the matter; stated two possible incidents of purse snatching have occurred at the shopping center during the morning hours - one was confirmed and the lady received injuries; recommended the officers increase the patrol of that area. Mayor Grant concurred with the request and stated the shopping center still continues to be unkempt. Councilman Ri ley reported the following: (1) stated the Sheriff's epu ies have not been ticketing violators of the street sweeping ordinance; requested that the officers be provided with the Ordinance, and issue tickets to violators of the Ordinance; (2) Stated an individual had requested a waiver on the parking ordinance - felt, in his opinion, there should be no waivers. Councilman Petta referenced a letter received by the Councilmembers from a man who was attacked by dogs when walking on the City streets. Requested that Animal Control patrol the City on a regular basis and pick up dogs. Mayor Grant reported the following: (1) stated he has just heard t ree incidents in which contracted services have become lax - law enforcement, street sweeping, and animal control. Stated we are paying for these services and should continue to insist on receiving good service; (2) On August 9, 1982, the PUC hearing was held in Los Angeles regarding the City's petition for a telephone dialing area with no decision received at this time. The Finance/Administrative Services Officer stated he discussed this matter with Attorneys John Harper and Gene Nazarek, who stated similar cases have taken approximately six months; they indicated that contacting the Administrative Law Judge would be to the City's detriment. (3) Attended Omnitrans and SANBAG meetings on January 5; the City's TDA funds are being reduced; (4) As authorized by Council, voted for Councilwoman Dastrup, and she was elected as the Representative for the South Coast Air Quality Management District; (5) Attended the LAFC meeting January 12; (6) Requested Staff check the condition of the various official signs throughout the City, particularly one at the top of the hill on Mt. Vernon, and repair and replace the signs as needed; (7) Stated refuse is collecting on the hill on Mt. Vernon and in other areas throughout the City. Recommended another cleanup day be held; (8) The sidewalks at the Stater Brothers' shopping center are still filthy. CLOSED SESSION Council recessed to a Closed Session at 12:13 a.m. with the City Manager and the City Attorney in attendance. Page 9 1/13/83 Reconvene Regular Meeting - Council reconvened at 12:44 a.m. with al members present except Councilman Nix. The Mayor announced that the Closed Session was conducted to discuss personnel matters, and the City Manager was given instructions and certain procedures to follow. No action was taken. 0 ADJOURN The regular meeting adjourned at 12:45 a.m. The next regular meeting will be held January 27, 1983, at 5:30 p.m. Respectfully submitted, I nI j APPROVED: Page 10 1/13/83 In