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01/27/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 27, 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 27, 1983, at 7:57 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: None The meeting was opened with invocation by Reverend Bryce Pelren, Inland Empire Church of the Nazarene, followed by the Pledge of Allegiance, led by Councilman Rigley. ORDINANCE NO. 69 (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). The City Attorney read the title of the Ordinance. Councilman Petta and City Manager Armstead removed themselves from discussion and action on this matter due to a potential conflict of interest. The Finance/Administrative Services Officer advised the Planning Commission had recommended adoption of the zone change from C2 to C2 (CPD). Recommended that following the public hearing, Council adopt the findings, adopt Ordinance No. 69, and the Negative Declaration. The Planning Director stated the zone change would place a commercial planned development overlay on the present C2 zone to encourage architectural integrity; would provide the Planning Commission with control, through use permits, for commercial development in that area, with appeals heard by the City Council, thereby ensuring compatible development of the area. Page 1 1/27/83 The City Attorney announced that written notice of the public hearing was sent to all property owners within 300 feet of the project boundary; stated that the map accompanying the legal notice was incorrect, showing two parcels which are not included in the overlay. Stated legal requirements have been met, since the proposed overlay is less than that shown on the map, and the legal description in the notice is correct. Mayor Grant opened public hearing. Supporting Testimony Dennis Cardoza, address not stated, owner of a nine -acre parcel, spoke in favor, feeling it would provide his property more protection in relation to the development of the surrounding areas, and would assist him in planning the development of his parcel. Opposing Testimony Dennis Evans, 22064 DeBerry, read a statement indicating that he felt previous actions since incorporation had been taken in preparation for this zone change; questioned whether proper legal notification had been provided for a 1980 zone change and recommended postponement of this matter until legal notification is verified; noted that surveys circulated for street lighting and the shopping mall indicated the citizens were not in favor, but Council ignored the surveys; requested Council vote against the proposed zone change. Mayor Grant closed public hearing. The City Attorney stated he feels certain that proper notification was given on the previous zone change; recalls that greater notification was given than the law required, at Council's request; stated it was a moot point, and the present zoning is proper and legal; stated the matter being considered is for the overlay and that proper legal notification has been given for this hearing. Councilman Rigley stated that no matter how this area is developed, it would appear that placement of an overlay would enhance the area, since quality development will be required. Councilman Nix, with Mayor Grant concurring, stated Council deleted the 30-acre minimum, which was opposed by some individuals who felt its purpose was to limit development to a shopping mall; felt that, as changed, the overlay achieves the objectives of the Planning Commission and Council by providing the capability of exercising control over the development of that area and in no way dictates specific development. Councilwoman Pfennighausen stated Mr. DeDios indicated studies could possibly reflect a better use of that area could be residential; questioned if placing the overlay would make it more difficult to change the zoning. 0 Page 2 1/27/83 The Planning Director stated a zone change would require a General Plan Amendment and a zone change, and indicated the overlay would not make it anymore difficult. CC-82-07 Motion by Mayor Grant, Second by Councilman Nix, to: (A) Adopt the following findings: (1) The Zone Change is not detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working within the neighborhood of the proposed Zone Change or within the City; (2) The proposed Zone Change will not be injurious to property or improvements in the neighborhood or City; (3) The proposed Zone Change is consistent with the latest adopted General Plan. (B) Adopt Ordinance No. 69 by title only; (C) Approve the Negative Declaration. Councilwoman Pfennighausen objected to approving the Negative Declaration, referencing a meeting she had attended which indicated it is not to cities' benefit to adopt negative declarations. The City Attorney advised that approving the Negative Declaration would be proper; stated the law previously required EIR's on all general plan amendments; however, legal opinion has now been changed, since the courts have become more lenient, understanding that the environmental process is difficult enough, without requiring EIR's on all projects, and would be more expensive than cities could tolerate; approval of negative declarations by cities is increasing. Motion No. CC-83-07 carried 3-1, with Councilman Rigley, Mayor Grant, and Councilman Nix voting AYE, Councilwoman Pfennighausen voting NOE, and Councilman Petta abstaining. CC-83-08 Motion by Councilman Nix, Second by Mayor Grant, carried 4-0, with Councilman Petta abstaining, to adopt Ordinance No. 69, by title only, making it unnecessary to read the Ordinance in its entirety. Recess was called at 8:25 p.m. and reconvened at 8:27 p.m., with all meters present. ITEMS DELETED FROM AGENDA 3B - Contract Award - General Plan and Circulation Element. 3D - Execution of proposal from CPA Firm of Crabtree, Karlen & Arzoo to examine invoices of City Engineer & City Attorney. Page 3 1/27/83 APPROVAL OF MINUTES - (January 13, 1983) Councilwoman Pfennighausen referenced Motion No. CC-83-06 and questioned leaving the $5,000 for landscaping in the Bid Request for the Barton Road Sidewalk Program in the event the Woman's Club would be willing to undertake the project. It was clarified this item could be re -negotiated and a change order prepared, if needed, when the contract is considered for award. CC-83-09 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve the Minutes of January 27, 1983, as presented. CONSENT CALENDAR The following items were removed from the Consent Calendar: 3A - Check Register No. 012783; 3F - Membership Renewal for League of California Cities; 3H - Notice of Completion for Terrace Hills Ballfield Lighting, Contract No. GTC-81-13; 3I - Resolution urging the State Legislature to make local revenue deficiencies the highest priority in the next session. CC-83-10 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, to approve the following items on the Consent Calendar: 3C - Accept Grant Deed for street dedication on McClarren Street from Bill and Bonnie Darwin, and authorize recordation by the City Clerk; 3E - Authorize payment of $3,796 to Crabtree, Karlen & Arzoo for completion of Sewer Fund Analysis of B. R. Sharp Audit; 3G - Approve Amendment of Contract No. GTC-81-25 with Signal Maintenance, Inc., to reflect a 6.5% rate increase, pursuant to Paragraph 8(c) of the Agreement, and approve Adjusted Labor & Equipment Schedules A & B; 3I - Deny Claim No. 83-01. CHECK REGISTER NO. 012783 CC-83-11 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES, to authorize payment of 75% of the $6,800 ($5,100) to be paid to J. William Murphy & Associates for the appraisals on Barton Road, with the balance to be paid upon completion of the job. CC-83-12 Following clarification of Warrant Nos. 10833, 10836, and 10851, Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to approve Check Register No. 012783, with Warrant No. 10833 in the amount of $6,800 to J. William Murphy & Associates Page 4 1/27/83 0 11 being amended to 75% of that amount ($5,100) (Ref: Motion No. CC-83-11). RESOLUTION NO. 83-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, URGING THE STATE LEGISLATURE TO MAKE LOCAL REVENUE DEFICIENCES THE HIGHEST PRIORITY IN THE NEXT SESSION. CC-83-13 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 83-03 as amended to reflect a population of 9,006. MEMBERSHIP RENEWAL - LEAGUE OF CALIFORNIA CITIES Following clarification and discussion of the benefit received from membership in the League of California Cities, due to the cost, CC-83-14 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to authorize membership renewal for calendar year 1983 with the League of California Cities for $900. NOTICE OF COMPLETION - TERRACE HILLS BALLFIELD LIGHTING (GTC#81-13) Following clarification that the lighting problems were resolved by CC-83-14.5 changing the bulbs, Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to authorize execution by the Mayor and recordation by the City Clerk of the Notice of Completion for the Terrace Hills Ballfield Lighting Contract (GTC#81-13) with Jimco Electric. Page 5 1/27/83 STATUS REPORT - GROUP W CABLE TELEVISION Dave Jones presented written information outlining the status of the establishment of cable television within the City. Stated Council was previously advised that, barring major problems or delays, service would be received by May of 1983; stated there had been delays, as outlined in the written report, but still feels cable service will be available in certain areas of the City by May. One problem has been the map design for aerial and underground service, which has been resolved; plans to start from the east side of the City, working westward, with underground construction on the easterly end of Palm to begin in mid -February, providing service by May or sooner to those residents; aerial construction has not begun, since pole clearance has not been received from the telephone company and Southern California Edison. A construction schedule will be presented to the City Engineer; displayed a brochure to be mailed to all residents in the City next week, providing notification of the beginning of construction; felt the project would be completed prior to the eight month commitment, with underground construction taking two months and aerial construction to be completed in four to five months from mid -February. The Administrative Assistant advised that pursuant to the franchise, construction is to be completed by September 14, 1983; if not completed by December 14, the Company's bond for $200,000 will go to the City, in accordance with the penalty schedule. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, reported the following: (1) Stated the Notice of Completion of the ballfield lights should indicate the location as being in the 22600 block; (2) Stated that the $50 paid to Phillip Cage for cleanup services for the park was actually for the services of Thomas Page, the son, for services rendered during the holidays to open the park, clean the restrooms, keep the park clean, and close the park at night; (3) Invited Council and Staff to attend future dedication ceremonies for the tree in memory of Ray Robles; (4) Felt it should be made clear that it was the Santa Ana Regional Water District that forced all communities to install sewer systems, and was not the choice of Council. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins stated the Committee Lions Club to ensure the Terrace Hills Jr. refurbished - understands the cost will be $20,000. Councilman Petta indicated this consideration by the Lions Club. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE would like to assist the High swimming pool is approximately $15,000 - matter is under serious CC-83-15 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES, to retroactively approve the purchase of flyers for the Arts & Crafts Fair for $41.00, and to approve the transfer of $900 to Department 4804 line item 220 from the balance forward June 30, 1983, leaving an adjusted balance forward of $199,725. Mayor Grant advised he attended the Historical & Cultural Activities Advertised Special Committee Meeting this week to discuss the subject of "Theater in Grand Terrace;" the attendance was disappointing; another meeting is scheduled the last Wednesday in February; will do what he can to support these efforts, as a member of this Council, within budget constraints, and encouraged Council to become more involved. EOC COMMITTEE Mr. Vic Pfennighausen stated activities are being coordinated between the Grand Terrace and San Bernardino County EOC's; he and volunteers have been working on the City's emergency generator, purchased in August, saving the City considerable money; stated the generator is presently in running condition, and wiring of the City Hall buildings will be completed in the next few months. Page 6 1/27/83 Mayor Grant voiced concern for the lack of oral Committee reports at the Council meetings. Council recommended advising the Planning Commissioners to attend the Planning Commission meetings to ensure a quorum, noting that the Planning Commission was unable to convene at a recent joint meeting with the City Council, due to lack of a quorum. CC-83-16 Motion by Councilman Nix, Second by Mayor Grant, to adopt the description of duties and responsibilties for the Emergency Operations Committee; to direct Staff to post a notice of establishment and vacancies on the Committee; and to establish five members for the Committee. Following concurrence that the Committee would consist of sub -committees, and that members of the sub -committees could be members of other committees, Motion No. CC-83-16 carried, ALL AYES. GRADING PLAN - TRACTS 9772-1, LOTS 3-6 Mayor Grant stated this matter had been deferred to allow Council members to contact the residents on Dos Rios regarding this matter. Councilman Nix stated he contacted most of the residents adjacent to the elevated lots in question individually, as well as some of the residents who will be involved in the next development phase, and outlined the two options of either requiring grading in accordance with the original grading plan or removing approximately three feet, or the maximum allowable, to still allow drainage to the east; clarified those were the only two issues being considered; presented landscaping plans, and discussed the developer's offer to establish wrought iron fencing; in summarizing the results of the discussions, stated some residents were adamant and wanted the entire 6.4 feet taken off, and suggested a retaining wall for additional drainage protection; others acknowledged they could see the pros and cons of either of the solutions; therefore there is no concensus among the residents; stated the residents recommended a five foot wrought iron fence rather than four feet, to meet swimming pool requirements and to contain dogs more adequately. Councilman Nix noted that, from a visability standpoint, feels the view will be no more obstructed, since the orange groves presently provide the same obstruction. CC-83-17 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to direct the City Engineer to take the necessary action to assess the lot elevations and to communicate with the builder regarding removing the dirt in excess of that required to drain to the curb to the east on the four lots. The City Engineer stated that the commitments made by Griffin Development included an offer of dedication or transfer of property five feet westerly of the existing channel to the property owners; questioned the action to be taken on this item. Councilman Nix stated that matter was discussed and there was no indication of Page 7 1/27/83 desire for this; stated the residents are aware of the proper boundary lines and that some improvements are on Griffin property. Dale Griffin, Griffin Homes, stated he would be willing to establish a five-foot wrought iron fence to meet the swimming pool requirements. Following discussion, Motion No. CC-83-17 carried, ALL AYES. CONTRACT AWARD - BARTON/PALM TRIANGLE LANDSCAPING The City Manager advised that the bids for this project were opened by the City Clerk on January 25; six bids were received, with the apparent low bidder being American West Landscaping of Grand Terrace, with a bid of $7,995.00, $6,605.00 under the approved budget for this project. Recommended awarding the contract to American West Landscaping. Dick Rollins stated the proposed contractor submitted the bids at cost, with no profit allowance, since all are members of the Grand Terrace Chamber of Commerce, residents of the City, and are doing this project as volunteers of the City . CC-83-18 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to award the Barton/Palm Landscaping contract in the amount of $7,995.00 to American West Landscaping. Following clarification that there should be no change orders required for this project and that any proposed change orders would be presented to Council for approval, Motion No. CC-83-18 carried, ALL AYES. Recess was called at 10:02 p.m. and reconvened at 10:10 p.m., with all members present. FEDERAL -AID URBAN SYSTEM The City Engineer advised that the Staff Report on this subject outlines the new rules which have recently gone into effect with respect to the Federal -Aid Urban System and designates the additional roads which are being added to the system within the City. Stated this will allow the City to utilize Federal -Aid Urban Funds on all streets that are shown on the map attached to the Staff Report. CC-83-19 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve: (1) The 1980 Urban Place Boundaries; (2) adopt the following Resolution: RESOLUTION NO. 83-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL -AID URBAN SYSTEM. 0 U97/83 BUILDING ABATEMENT - 12610 MICHIGAN The City Engineer stated the subject structure has been unoccupied since December, 1980; advised there were several communications between the County and the owner of the structure prior to incorporation and the matter being turned over to the City. CC-83-20 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to authorize the Director of Building and Safety to serve the notice of defects and make provisions for a hearing, if requested, with the City Attorney to recommend the hearing officer. The City Engineer stated that preparation of plans and specifications for demolition would not proceed until either a hearing has been requested or the hearing process has been completed. CC-83-21 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to authorize the Director of Building and Safety to proceed with the preparation of plans and specifications and to authorize a bid request for demolition of the structure at 12610 Michigan if work is not completed by the owner under the provisions of the code. CITY MANAGER REPORT The City Manager advised the sewer billing cycle will be adjusted from billing three months in advance to billing two months in advance to conform with the Ordinance. Stated Staff plans to submit a billing to the residents on February 1 to cover the month of March, with the billing on April 1 to cover April and May. Council recommended delaying the billing one month, to avoid confusion, and including a letter of explanation with the mailing of the street sweeping schedule. CITY COUNCIL REPORTS Councilman Nix requested that consideration be given to increasing e parting acilities at the Community Center for community and school use by adding a parking lot to the north of the administrative portion of the playground, with an entrance off Vivienda, which would include a school bus turn -around. Stated the school administration has indicated they would encourage staff to use that parking facility, thereby keeping the front of the Community Center available for citizen parking. Recommended Staff consider this and provide Council with an estimate and input on this matter. Councilman Petta stated that Barbara Poling, Terrace Hills Junior High School rincipal, has requested that the City consider landscaping and sprinklers at the school for an estimated cost of $1,000. Recommended discussing this matter with Mrs. Poling, to consider adding this to the parking lot project, and investigating Page 9 1/27/83 the feasibility of these projects being used towards the School District CRA project commitments. Councilwoman Pfenni hausen advised that she and the City Engineer met wit t ose rest ents on Miriam Way whose property back onto Barton Road, with another meeting tentatively scheduled; the status will be reported as progress is made. Mayor Grant reported the following: (1) Sent a letter to Woodrow i lams in reply to his letter relating to problems with dogs; (2) The status of the law enforcement contract has not changed; stated the City Manager received a call from Mr. Rigney suggesting that, based on contacts by Supervisor McKenna, the City's position looks fairly optimistic; a meeting with Mr. Rigney is planned next week. Discussion was held on the action the City of Loma Linda has taken on its law enforcement contract. The City Manager is to clarify what action was - taken; (3) Mr. Rigney submitted to all cities a recommended agenda for approval of the Cities/County Policy package listing four items; one item missing was the administrative overhead, which he felt should be discussed with the cities; (4) Attended the Inland Manpower Association Executive Board meeting January 21. Mayor Grant opened the meeting to public participation. Ken Rinderhagen, 12738 Wilmac, objected to the time the fire station groundbreaking ceremony was held. Mayor Grant closed the meeting to public participation. CLOSED SESSION Council recessed to a Closed Session at 10:45 p.m. with the City Manager and the City Attorney in attendance. Reconvene The meeting reconvened at 11:52 p.m. with all members present. Mayor Grant advised Council had met in Closed Session to discuss personnel matters, with no decisions being reached. ADJOURN The meeting adjourned at 11:53 p.m. The next meeting will be held Thursday, February 10, 1983, at 5:30 p.m. APPROVED: Respectfully submitted, ayor i y c 7 Page 10 1/27/83 1i Ji