02/10/1983CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - FEBRUARY 10, 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 February 10, 1983, at 5:42 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 Craig Miller, Highgrove United
Methodist Church, followed by the Pledge of Allegiance, led by Ed Clark.
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CLOSED SESSION
Council recessed to a Closed Session at 5:42 p.m., with Gloria Flood
in attendance.
RECONVENE
The regular meeting reconvened at 6:16 p.m., with all members
present. Mayor Grant announced that the Closed Session would
reconvene at the end of the Council meeting agenda.
Recess was called at 6:17 p.m. and reconvened at 6:25 p.m., with all
members present.
ITEM DELETED FROM THE AGENDA
8A - FY 1982-83 Proposed Budgetary Reductions.
APPROVAL OF MINUTES (January 27, 1983)
CC-83-22 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to
approve the Minutes of January 27, 1983, as presented.
CONSENT CALENDAR
The following item was removed from the Consent Calendar:
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3B - Rate Adjustment for Ballfield Lights.
CC-83-23 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to
approve Item 3A on the Consent Calendar - Check Register No. 021083.
BALLFIELD LIGHTS RATE ADJUSTMENT
The Community Services Director advised that effective January 1 the
City was changed from a GS-2 lighting rate to a GS-1 rate, which
eliminated a monthly demand charge of $212.00. The GS-1 rate
increases the hourly rate by 37 percent. Under the new rate
schedule, only the users will be paying the lighting fees. Stated
that under the $5.00 per hour rate charge, the City has collected a
total of $877.50 for user fees, and the total expenditures for the
lights has been $2,528.00. Recommended increasing the rates from
$5.00 to $7.00 per hour for the use of the ballfield lights, which
should prevent any future cost overruns.
Councilman Nix requested that Staff provide information on the
number of hours per month the lights have been utilized, to study
the utilization of the lights over the next few months, then report
the usage before and after the rate increase to indicate what impact
this action will have.
CC-83-24 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen,
ALL AYES, to approve the rate adjustment from $5.00 to $7.00 per
hour for the use of the Terrace Hills ballfield lights.
PUBLIC PARTICIPATION 0
Ken Rinderhagen, 12738 Wilmac, (1) Stated at the recent Parks &
Recreation Committee meeting, the Community Services Director
estimated it would cost approximately $3,000 for the Little League
to run the ballfield lights during its season; the Committee
proposed that the City subsidize the Little League lighting program
for approximately $1,000. (2) Stated the installation of a donated
flag pole at the park will be coordinated with the Engineering
Department. (3) Stated that in response to a proposal from the City
Manager to the Committee Chairman that the Committee undertake the
scheduling of the ballfields, the Committee unanimously voted in
opposition to taking over any of the projects of the Community
Services Department; is indicated in the Committee minutes.
John Salas, President of Colton/Terrace Little League, stated they
are trying to reduce the number of practices under the lights;
outlined costs for the League and stated it would be difficult to
meet expenses with the addition of $3,000 for the use of the lights;
stated all volunteer help has been used to establish the ballfield;
requested City assistance to help defray the cost of the lights.
Mayor Grant stated this matter will be considered at the next
Council meeting.
Dick Rollins, 22700 DeBerry, stated he realizes how precious freedom
is, feels strongly about what is happening in our community, and has
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been an enthusiastic supporter; hopes things will be resolved and
that there will be harmony so the City can go forward once again
with enthusiasm to work together for the City.
COMMISSION & COMMITTEE REPORTS
PARKS & RECREATION COMMITTEE
Chairman Dick Rollins recommended holding some funds from the
lighting fees in reserve for vandalism; Little League has requested
that the City consider defraying some of the lighting cost.
HISTORICAL & CULTURAL ACTIVITIES COMMITTEE
CC-83-25 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley,
ALL AYES, to accept the resignation of Hazel Fuller from the
Historical & Cultural Activities Committee, with regret. Directed
Staff to send a letter of appreciation to Mrs. Fuller.
CRIME PREVENTION COMMITTEE
Councilman Nix recommended an increased concentration of law
enforcement in the area of Mt. Vernon and DeBerry, due to the
residents reporting a high rate of vandalism in that area; requested
that Staff submit a report to Council on the situation with
recommendations such as the installation of additional lights.
EOC COMMITTEE
Councilwoman Pfennighausen reported that the communication section
of the EOC Committee will be meeting this weekend in the EOC
Conference Room to set up and test equipment procedures. Stated
applications are being accepted at this time for membership on the
Committee. Vic Pfennighausen reported his group, including members
of the Blue Mountain Radio Club, will have a workshop Saturday in
the EOC Conference Room to run communications tests and to work on
the generator.
CONTRACT AWARD - DATA PROCESSING
The Finance/Administrative Services Officer advised the RFP's were
circulated for computer service, which revealed only two companies
which could be considered - Rapid Data and Alexander Grant, the
present computer service company. Recommended continuing with
Alexander Grant for computer services, since changing systems would
require a $2,000 initial set-up charge.
CC-83-26 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to
approve the Staff recommendation to continue computer services with
Alexander Grant Company.
POLICE CHIEF REPORT
r
The City Manager announced that Captain Ferronado will be replacing
Captain Schuyler. Stated Captain Ferronado has reviewed some of the
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changes in the reporting process to better define problems; will be
attending Staff meetings, discussed shift coverage and overlapping
the traffic cars with the City of Loma Linda.
Mayor Grant stated there has been no change in the law enforcement
contract negotiations. Stated the City is awaiting a letter which
is to list items agreed upon with Supervisor McKenna.
Councilwoman Pfennighausen questioned why it took 10 minutes for the
law enforcement officers to respond to the recent accident on Barton
Road. The City Manager stated the officers were on a shift change;
this matter will be corrected; stated all three ladies involved in
the accident are reported to be okay.
CITY MANAGER REPORT
(1) The City Manager distributed a Group W Cable Television status
report.
The City Engineer stated that Group W Cable Television had proposed
locating 18-inch-high utility boxes to service the individual homes
at every other property line; discussed this with the City Attorney,
due to a safety hazard concern. The Company plans to install
facilities similar to those provided by SCE for their underground
facilities, which will be 36 inches high and will be spaced at
approximately 1,500 feet along the curbline.
(2) The City Manager stated a new street sweeping map will be
circulated to the residents in the March 1 utility billing.
CITY COUNCIL REPORTS
Councilwoman Pfennighausen reported the following: (1) She and the
City Engineer met February 8 with six homeowners on Miriam Way
backing onto Barton Road regarding the proposed improvement project
on Barton Road; commended the City Engineer on his presentation to
the homeowners; the residents concur they do not wish to give up any
of their property for this project. (2) She and Mr. Pfennighausen
met with the Fire Department regarding the auxiliary generator, and
were advised that there is a less expensive generator with greater
capacity and less maintenance costs; this will be pursued further.
Councilman Ri ley reported the following: (1) Recommended that
Captain Ferronado be invited to attend the next Council meeting to
be introduced; (2) Noted in reviewing the minutes of the meetings
with the architect and the City Engineer that Mr. Zampese and
Mr. DeBenedet are attending the meetings - questioned why they are
attending. The City Manager advised they represent the Planning
Commission; stated Mr. Zampese has been helpful, providing
information regarding the land, storm drains, etc.
Councilman Nix reported the following: (1) recommended that
consi ration of the FY 1982-83 budget reductions at the next
meeting include discussion of the proposed FY 1983-84 budget;
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(2) Referenced earlier discussion regarding subsidizing lighting
expenses for the Little League; stated he feels adult organizations
should pay for the usage of the lights, but might consider a
different view for youth organizations.
Councilman Petta (1) questioned the City Engineer on the status of
e Barton Road construction relative to the homeowners not wishing
to relinquish property. The City Engineer stated there is
sufficient right-of-way available to construct the road widening,
but will preclude a sidewalk in that area. The project that was
approved includes Federal funding of approximately $180,000; stated
the project will need to be reviewed by the State and Federal
Highway Administration officials to make sure the project will still
be eligible for funding if sidewalks are not included - if approved,
will present alternatives to Council; stated the project is workable
and will probably require construction of some retaining walls close
to the right-of-way.
(2) Councilman Petta stated that he represented the Mayor at the
Flood Control District Committee meeting; Gene Tidwell was also
present; stated this committee is an advisory committee to the Board
of Supervisors and was to recommend funding approaches to the Board
of Supervisors, since the Flood Control District is out of funds;
stated he made a motion, which was carried, and will be presented to
the Board of Supervisors for consideration to: (1) Establish a
flood control fee on each property to be developed, similar to our
City's Capital Improvement Program; (2) establish a benefit
assessment; and (3) establish a redevelopment agency.
Mayor Grant reported the following: (1) Read a Proclamation
designating the month of February as "American Heart Month," which
will be mailed to the San Bernardino County Heart Association;
(2) Congratulated the following individuals who have birthdays in
February: Roy Nix, Tony Petta, Barbara Michowski, Myrna Erway,
Alicia Chavez, Linda O'Grattis, and Mike Luna; (3) Attended a
special meeting of the IMA; a representative from the Department of
Labor introduced details of a new Job Training Partnership Act which
supercedes the CETA program. Stated the future of the IMA is
questionable; (4) Attended LAFC meeting as an alternate. Mr. Larry
Hendon gave an update on the forthcoming issue over the proposed
incorporation of the community of Highland.
Recess was called at 7:53 p.m. and reconvened at 8:08 p.m., with all
members present.
REVENUE/COST ALLOCATION SYSTEM REPORT
Doug Ayres, Management Services Institute, reviewed the Revenue/Cost
Allocation System Report, which had been presented to Council.
Stated this report will assist Council in making decision on where
to spend property taxes; stated the intent of Proposition Four is
that those services which are enjoyed by less than the total public
should be financed by fees or assessments, to allow tax funds to be
used for police protection, fire protection, etc., for which fees
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cannot be charged and which are services for the general public.
Stated the study revealed that the City could realize an additional
$426,000 in revenue if it charged for all items for which it can
technically charge; found that $947,000 a year of the City's fixed
assets are being depreciated, with only $150,000 a year being
replaced, which is a larger percentage than most cities; found our
City has been more frugal than other cities; stated the gas tax
won't be adequate to replace the streets; the City's overhead rate
of 13 percent for support services is very good. Information has
been developed to apply each employee's services and fringe benefits
to the appropriate cost centers; 37 cost centers have been
identified. Stated the City must now prove annually that it is not
making a profit. Recommended reviewing the lines of business to
determine which ones are making a profit and which are losing. The
State Constitution does not permit offsetting the winners against
the losers. Stated the major results of the report are listed on
pages 36 and 37. Stated if the revenue doesn't equal the cost, then
the difference has to be made up by taxes. Recommended that Council
consider what projects it wants to subsidize, then consider how
additional revenue can be raised for the remainder. Stated an
equitable form of raising revenue is through special assessments, by
charging those who are receiving the benefit, which is more
equitable than taxation. Stated a Capital Improvement Program is
imperative - our City's is better than most.
Stated development fees are quite often collected one year and not
used until later, which the Constitution allows; fees may be
collected one year and held in reserve for two more years.
Recommended creating a Community Development Fund to simplify
collecting revenue on a continuing basis and to permit a cash
carry-over.
In conclusion, recommended six items for Council consideration as
outlined on page 55 of the report: (1) That the City Council
receive and study the report; (2) Establish service centers on a
cost accounting basis; (3) Instruct the City Manager to recommend
fee increases based on the revenue/expense projections and Council's
policy regarding subsidizing services; (4) Initiate special
assessment procedures as necessary and appropriate; (5) Consider
adopting a model fee ordinance establishing the percentage of
subsidies and (6) Make the report available to the public through
libraries and for sale at City Hall. Mr. Ayres thanked the Staff
for their cooperation and support.
In response to the question of making copies, since the report is
copyrighted, Mr. Ayres stated the City has his firm's permission to
make as many copies of the report as needed.
Councilman Rigley, with the remainder of Council concurring,
commended Mr. Ayres on the excellent report, feeling it is the best
report which has been received; recommended that Staff utilize the
report and take action on the recommendations. 0
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Council concurred the report should be utilized during all upcoming
budget sessions and that a special session would be needed to review
the report in detail.
CC-83-27 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES, to
schedule a workshop session for the purpose of reviewing the
Revenue/Cost Allocation System Report and to review the information
in relation to the budget.
Council concurred that a workshop session regarding this matter
would be held Thursday, March 3, 1983, at 4:30 p.m. in the EOC
Conference Room.
CLOSED SESSION
The Council, in joint session with the CRA, recessed to a Closed
Session at 8:55 p.m., with the City Manager, the City Attorney and
the City Clerk in attendance on an individual basis.
RECONVENE
Council reconvened at 11:57 p.m., with all members present. Mayor
Grant announced the Closed Session was held to discuss the total
administration of the City as it relates to personnel; as a result,
the majority of Council determined that Council recognizes the right
of the City Manager to function in a manner conducive to the welfare
of the City; the majority feeling of the Council is that they have
confidence in the City Manager's ability to continue managing the
City.
ECONOMIC DEVELOPMENT COMMITTEE
Councilman Petta removed himself from discussion and action on this
matter, due to a potential conflict of interest.
Mayor Grant advised that a question was raised regarding allowing
people of the community to attend meetings of Staff and individual
Council members not involving a quorum of the Council and whether
outside attendance would be a detriment to the City. Questioned to
what degree this would be allowed in an effort to allow freedom of
information and keeping everyone informed at all times.
Mayor Grant stated Mr. Dennis Evans had called him and requested to
attend a meeting scheduled with Joseph Johnson of Federated Realty,
a potential developer, by the Committee; stated at that time he
advised Mr. Evans that he saw no legal reason why he should not
attend any meeting other than Closed Sessions.
Mayor Grant advised that the question of Mr. Evans' attendance at
the meeting was discussed with other members of the Economic
Development Committee and with the City Attorney; requested input
from the Council members on this matter, so that a definitive answer
could be given to Mr. Evans. Read the City Attorney's written
opinion regarding the issue.
2/90/83
Councilman Rigley and Councilman Nix concurred that individuals
should not attend meetings regarding business activities of the City
which do not constitute a quorum of the Council, unless there is an
individual who can provide input which would enhance the meeting.
Councilwoman Pfennighausen stated she feels Mr. Evans should be
allowed to attend this meeting, since it concerns development in the
area where he lives, and he has had the opinion for some time that
he would be allowed to attend.
Councilman Rigley stated that minutes have been taken of all the
meetings of the Committee, that the same procedure will follow on
this and all future meetings, nothing will be hidden; feels the
Committee has complied with the obligation of keeping people
informed. Stated he is in favor of total economic development,
which includes the area west of Michigan, and maintains individuals
will not be removed from their homes.
CC-83-28 Motion by Councilman Rigley, Second by Councilman Nix, that the
meeting to be held with Mr. Johnson, of Federated Realty, at 9:30
a.m. on Tuesday, February 15, 1983, is to include only the principal
members of the Committee - Mayor Grant, Mayor Pro Tem Rigley, Staff
Representative Ed Clark - and Mr. Johnson.
Councilwoman Pfennighausen stated
move that will not lend healing to
this action will be regretted.
she feels this is an ill-advised
a difficult situation, and feels
Councilman Rigley stated the State is reducing and eliminating
cities' revenue, and feels some action must be taken to develop
revenue; believes he is charged with the responsibility to do
everything possible to ensure the City continues to be fiscally
sound; feels the healing operation has nothing to do with the fact
that this City is going to need revenue.
Councilman Nix stated the healing operation idea is a two-edged
sword, and there is an obligation on all sides; feels if there is a
general concern by all involved, then it is a general concern for
the healing operation to all concerned, not just to this Council;
doesn't feel there has been any lack of concern for the general
well-being and harmony of the community. Felt each is charged with
a specific responsibility and should have the fortitude to
accomplish what should be done.
Mayor Grant stated if the Motion carries, he will contact Mr. Evans
and advise him of the decision.
Motion No. CRA-83-20 carried 3-1, with AYES by Councilman Rigley,
Councilman Nix and Mayor Grant, NOE by Councilwoman Pfennighausen,
with Councilman Petta abstaining.
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Mayor Grant questioned the City Attorney on what action should be
taken should Mr. Evans try to attend the meeting. The City Attorney
stated Mr. Evans should be asked to leave. Mayor Grant stated that
is the action he will take, if needed.
SHOPPING MALL SURVEY
Councilman Petta removed himself from discussion and action on this
matter, due to a potential conflict of interest.
Mayor Grant stated Mr. Dennis Evans requested to review the shopping
mall survey ballots, which identified the voters and how they voted,
in the form of labels; stated two members of the Council and a Staff
member tabulated the ballots, which was open to the public; the
Council members reported the results, and subsequent action was
taken by the CRA; one resident assisted in the tabulation. Felt
there was no legitimate reason why anyone might wish to view the
ballots in relation to the identity of the people casting votes;
felt the community expects some degree of discretion.
Mayor Grant advised that, in response to a Staff member''s inquiry,
City Attorney Hopkins advised that the community has a right to see
all public documents, except personnel documents. Received a call
from Attorney Nazarek on January 20, and he requested advice from
Mr. Nazarek; Mr. Nazarek stated that the people have a right to see
anything, but he didn't feel anybody had a right to know how an
individual voted on an issue, which led to the question of resolving
the problem; stated he recommended separating the labels from the
ballots and retaining both portions. Stated the matter was
discussed with Councilman Rigley and Councilman Nix; Councilwoman
Pfennighausen was unavailable; concurrence was reached that the
labels should be removed from the ballots to preserve the
confidentiality of the community's vote.
Mayor Grant stated Mr. Clark was instructed to cut the ballots in
such a way that even the individuals cutting the ballots could not
see how the people voted. Stated he was advised that this was
completed on January 21, and that all material is being retained at
City Hall. Felt this information should be shared with the Council,
felt the people should know the sequence of events, and felt this
should conclude the matter.
Councilman Nix stated when the results of the survey were being
tabulated, complaints were received relative to address labels
identifying the people being placed on the ballots, and some
individuals did not vote for that reason; Felt an error was made in
allowing the labels to be placed on the ballots; concurred with
correcting that error by removing the labels, feeling the general
public would disagree with revealing that information to the public.
Councilman Rigley concurred with separating the identity of the
individuals voting from the ballots. As a citizen and Council
member, had no desire or curiosity to look at them again, and
questioned why anyone would want to see them.
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Councilwoman Pfennighausen stated she feels there was no devious
motive in wanting to look at the material other than to get a
general idea of the relation of the votes to the areas of the
community. Stated she had discussed this with Attorney Hopkins, and
he advised that Mr. Evans should be allowed to view the ballots in
their unaltered form. Felt the issue is the fact that a legal
decision was sought and ignored.
Mayor Grant stated he acted in good faith and, based on the
discussion with Attorney Nazarek, did cut the ballots; felt people
do not have the right to see how other people voted.
Councilman Nix stated he feels the moral and legal rights of the
people have been preserved. Felt it is the responsibility of the
Council to make decisions based on legal advice; felt there was no
inconsistency and that the right thing was done.
Attorney Hopkins stated the legal opinions were not inconsistent;
but rather the data base of the decisions were not consistent. The
Government Code does allow the Council to make the determination
that something not be public record if the public interest is being
served. Until that determination is made, it is public record.
Councilwoman Pfennighausen said she thought this was a dead issue
and is not aware of further requests to see the ballots.
Mayor Grant stated this matter is only being brought up since he
understood the matter was still being discussed; felt the issue is
closed at this time. 0
ADJOURN
The meeting adjourned at 1:09 a.m. to a Joint Council/CRA Public
Workshop Session, to be held February 21, 1983, at 3:00 p.m. in the
EOC Conference Room at City Hall, 22795 Barton Road, Grand Terrace.
Respectfully submitted,
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APPROVED:
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ayor ro empore
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