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02/05/1981z CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 5, 1981 The regular meeting of the City Council of the City of Grand Terrace was called to order at 12354 Mt. Vernon, First Baptist Church of Grand Terrace, Grand Terrace, California at 6:20 p.m. on February 5, 1981 PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Jim Rigley, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Lindahl, City Clerk ABSENT: None The meeting was opened with invocation by Reverend William H. Hays, Grand Terrace Assembly of God Church, followed by the Pledge of Allegiance, led by Ray Robles. ITEMS DELETED FROM AGENDA 3G - Parcel Map 3973 - McKeever/Sacks Special Presentation of painting by Nita Stephens APPROVAL OF MINUTES (1-8-81) (1-15-81) CC-81-16 Motion to approve the Minutes of January 8, 1981 as presented by Councilman Petta, Second by Councilman Rigley, carried 4-1, with Councilman Nix abstaining. Mayor Tillinghast stated additional illegal signs have been placed since January 15, and have not been removed, to his knowledge. CC-81-17 Following correction to Motion No. CC-81-13, Motion to approve, as amended, the Minutes of January 15, 1981 by Councilman Rigley, Second by Councilman Petta, carried 4-1, with Councilman Grant abstaining. CC-81-18 Page one - 2/5/81 CONSENT CALENDAR The following items were removed: 3A-Check Register; 3J-Amendment to Personnel Rules & Regulations. Motion to approve the following Consent Calendar Items by Councilman Grant, Second by Councilman Rigley, carried, ALL AYES: (B) RESOLUTION NO. 81-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, SUPPORTING THE PASSAGE OF SENATE BILL 33 (PRESLEY), VEHICLE INSPECTION AND MAINTENANCE. (C) Approve cancellation of Planning Services Contract No. 79-322 (GTC #79-02), effective March 12, 1981. (D) Tract 9625 - Approve Release of Performance Bond for $39,000.00 and Labor & Materials Bond for $19,500.00; Accept Maintenance Bond for $3,900.00. (E) Tract 10052 - Newport Equities Trust: Approve release of the following bonds: Road Bonds - $108,000; Sewer Bonds - $35,000; and Water Bonds - $46,000. Accept the sewer & street for maintenance & retain $14,300.00 for one year from date of release, or until Tract construction is complete. (F) MS E78-0327 - Lowell McKinley: Accept curb & gutter improvements and release Time Certificate of Deposit for $3,700.00. (H) Approve Agreement with Clean Community Systems, & authorize Mayor to execute. (I) RESOLUTION NO. 81-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, ORDERING PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM, ASSESSMENTS AND REPORT FOR FORMATION OF MAINTENANCE DISTRICT. (As amended to specify "landscaping & lighting" district.) (K) Solid Waste Disposal - Accept Staff's recommendation to make no change in the current service arrangements. (See Motion No. CC-81-21 for further action on this item) CHECK REGISTER NO. 020581 CC-81-19 Following clarification, Motion by Councilman Grant, Second by Councilman Petta, to approve Check Register No. 020581 carried, ALL AYES. PERSONNEL RULES & REGULATIONS AMENDMENT This item was discussed in the Public Workshop Session, with a staff presentation by Dave Carmany, Administrative Assistant, stating staff's request to receive compensatory time off, on a straight -time basis, to be used in six months, for attendance at City meetings. In Council discussion, Mayor Tillinghast stated his position is that the current method is adequate. Councilman Grant spoke in favor of staff's recommendation, feeling management should be provided with latitude to handle unique employee problems in determining whether the employee should receive compensatory time off or overtime pay. Page two - 2/5/81 Mayor Tillinghast opened the meeting to public participation. Mr. Chuck Hartzel, 22558 Cardinal, stated he understood compensatory time to be illegal. City Attorney Hopkins stated this is no k problem. Mayor Tillinghast closed public participation. Councilman Nix questioned if the Mayor would consider the amendment to be acceptable if compensatory time was limited specifically to meeting attendance. The Mayor stated it was not acceptable in any event. CC-81-20 Motion by Councilman Nix, second by Councilman Grant to adopt the staff recommendation to amend the "Rules and Regulations for the Administration of Personnel Matters," Section 4.11, to read: 4.11 Overtime -General Any employee, except those employees specified in the annual compen- sation plan as working an indefinite work week, who was ordered because of an emergency or in the interest of efficiency of the City, to render overtime service, and as a result, his time worked exceeds the normal work week for his class, shall be paid overtime or shall receive compensatory time off on a straight -time basis. (See Section 6.5) A current record shall be kept at each instance of authorized overtime work stating the reasons therefor and by whom authorized; and also that date and duration of each instance. The overtime service must be for work definitely ordered or approved in advance by the appointing authority, except in emergency conditions. Motion No. CC-81-20 carried 4-1, with a NOE by Mayor Tillinghast. SOLID WASTE DISPOSAL CC-81-21 Motion by Mayor Tillinghast, second by Councilman Grant, ALL AYES, to reconsider Item 3K on the Consent Calendar, regarding solid waste disposal. Mayor Tillinghast stated a staff study had been conducted to determine the financial affect of assuming the billing function for refuse disposal in addition to the sewer billing, based on the assumption a franchise would be established with a collector, and on mandatory pickup. The Mayor questioned the amount of increase in the areas of cashiering, telephone inquiry time, and the reserve for bad debts. He stated his main concern was not generating revenue for the City, but considered it as an additional service to the City. Council discussed possibility of further staffing and an ad hoc committee, with Councilman Grant voicing concern that funds from the General Fund might be required to support the franchise, and Councilman Nix voicing objection to the requirement to enact an ordinance requiring mandatory pickup. Page three - 2/5/81 Mayor Tillinghast opened the meeting to public participation. Ken Rinderhagen, 12738 Wilmac, spoke against mandatory garbage collection, an exclusive franchise, preferring free enterprise, and concern the collection fees would be increased if the City were to assume this. Mayor Tillinghast closed the meeting to public participation. CC-81-22 Motion by Councilman Rigley, second by Councilman Nix, to accept Staff's recommendation to make no change in the current service arrangements, carried 4-1, with a NOE vote by Mayor Tillinghast. COMMISSION & COMMITTEE REPORTS PLANNING COMMISSION Commissioner John McDowell reported Dave Carmany, Administrative Assistant, would attend the February 9 Planning Commission Meeting to brief the Commissioners on the status of proposed ordinances. PARKS & RECREATION COMMITTEE John Lotspeich requested Council consider appointing Ken Howard to the Committee, and to consider the Committee's request to include all future park development and Little League lights in the assessment district. CC-81-23 Motion by Councilman Rigley, second by Mayor Tillinghast, to appoint Ken Howard to the Parks & Recreation Committee for a term to expire June 30, 1982, carried, ALL AYES. 0 Council took no action, pending further review, on the matter of including all future park development and Little League lights in the assessment district. City Attorney Hopkins stated future park development could be included, but questioned any lighting other than street lighting. Councilman Nix recommended deleting any reference to "Little League" in the future, and referring to any ball parks as City or Community ball parks. VOLUNTEER SERVICES COMMITTEE Chairman Bob Yeates reported the Committee recommendations on the Goals & Priorities will be available at a later date, and will brief Council later on a proposed April project with the Solid Waste State Board. CRIME PREVENTION COMMITTEE Secretary Jim Hodder reported the following: (1) Community Services Director Randy Anstine attended last meeting; (2) Increase in Neighborhood Watch Program activity; (3) Based on the concern that citizens have firearms, with no safety training, the Committee is investigating organizing fire and safety programs; and (4) Introduced Boy Scout Tony Luers, who is working on his merit badge Page four - 2/5/81 for citizenship in the community. CC-81-24 Motion by Councilman Nix, second by Councilman Petta, to appoint JoAnne Coffeen to the Crime Prevention Committee, for a term to expire June 30, 1984, carried, ALL AYES. RECESS was called at 7:00 p.m., and reconvened at 7:15 p.m., with all members present. ORDINANCE NO. 44 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING ORDINANCE NO. 11 & PROVIDING FOR THE PAYMENT OF CERTAIN CAPITAL IMPROVEMENT FUND FEES, DEDICATIONS OF LAND FOR PUBLIC RIGHTS -OF -WAY, UTILITIES, PARK PURPOSES, & INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS. Following reading of the Title by City Attorney Hopkins, Mayor Tillinghast stated this ordinance addresses the equity of charges for remodeling vs new construction. Councilman Petta stated it should be clarified the major change in the new ordinance is to eliminate charges for capital improvements for residential additions, with the intent to charge fees for new development. Mayor Tillinghast opened Public Hearing on the matter. SUPPORTING TESTIMONY Ken Rinderhagen, 12738 Wilmac, spoke in favor of the new ordinance. OPPOSING TESTIMONY - None. Mayor Tillinghast closed Public Hearing. Mayor Tillinghast voiced opposition to eliminating fees for - residential additions, stating Ordinance 11 adequately states the intent. Councilman Petta stated citizens should be encouraged to improve their property, and the new ordinance will accomplish this. CC-81-25 Motion by Councilman Petta, second by Councilman Nix to take action on Ordinance No. 44, by Title only, carried, ALL AYES. CC-81-26 Motion by Councilman Nix, second by Councilman Grant, to adopt Ordinance No. 44, carried 4-1, with NOE vote by Mayor Tillinghast. VEHICLE ABATEMENT ORDINANCE Councilman Rigley voiced opposition to approving first reading of this ordinance prior to a public hearing. CC-81-27 Motion by Councilman Rigley, second by Councilman Petta, to post a Public Hearing Notice for the proposed Vehicle Abatement Ordinance, and place on the agenda at a later date for first reading, carried 4-1, with NOE vote by Mayor Tillinghast. Page five - 2/5/81 RESOLUTION NO. 81-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 80-50 AND FIXING AND ESTABLISHING CHARGES FOR SEWER SERVICE WITHIN THE CITY OF GRAND TERRACE. Mayor Tillinghast stated the purpose of the Resolution is to establish the specific payment of $7.00 per month, to be billed at $14.00 per month on a bi-monthly basis, and opened Public Hearing on the matter. SUPPORTING TESTIMONY - None OPPOSING TESTIMONY Bob Yeates, 12888 Fremontia, voiced objection to the fee increase, questioned why higher than Colton, and why the negotiations of the litigation had not been made public. He recommended lowering the monthly fee to $6.00 per month; Ken Rinderhagen, 12738 Wilmac, voiced objection to the fee increase, and questioned certain data justifying the increase; Ed O'Neal, 22608 Minona Drive, questioned what had become of the surplus sewer funds, questioned the maintenance fees, requested an audit of the system, and recommended the press do an investigative report. Mayor Tillinghast stated an audit is forth- coming, and the surplus sewer funds are under the control of Riverside Superior Court. Chester Easter, 21963 Tanager, questioned if the funds are required to be paid to Colton in advance, and the resulting affect on the billing dates. The Mayor closed Public Hearing. Council discussion included system maintenance costs, fees required to be paid to Colton, and questions and clarification on certain items listed on the justification for increased fees. Councilman Rigley pointed out that the only apparent items which could be deleted would only result in a 39� decrease from the $7.00 fee. Mayor Tillinghast reopened Public Hearing. Ken Rinderhagen, 12738 Wilmac, felt the purpose of the public hearing was accomplished by discussing the costs openly; Ed O'Neal, 22608 Minona Drive, objected to the growth of City staff, and questioned that the fees collected will be sufficient to cover the cost of sewer maintenance; John McDowell, 22690 Cardinal, objected to the amount of discussion time for this item. Mayor Tillinghast closed Public Hearing. CC-81-28 Motion by Councilman Nix, second by Councilman Rigley, to adopt Resolution No. 81-04, carried, ALL AYES. PUBLIC EVENT - Carnival - Grand Terrace Swim Club Bruce Schaefer, representing the Grand Terrace Swim Club, outlined the Club's plans to sponsor a carnival, as a fundraiser, April 23 thru April 26, 1981. He reviewed the agreement with the City, the agreement with the owners of the land where the carnival is to be Page six - 2/5/81 held, and stated two reserve sheriff's officers have been retained for each night of the event. A $500.00 cash cleanup bond will be posted with the City, to be released Monday morning following the event. Mr. Schaefer requested Council approval on the following requests: (1) waiving all permit & business license fees; (2) closing Industry Street; and (3) placing a banner across Barton Road at Mt. Vernon and/or Michigan. Mayor Tillinghast opened the meeting to public participation. Ken Rinderhagen, 12738 Wilmac, stated So. California Edison Company won't allow hanging banners. The Mayor closed public participation. CC-81-29 Motion by Councilman Petta, second by Councilman Rigley,.to approve the following items requested by the Grand Terrace Swim Club for the carnival to be held April 23-26, 1981 carried, ALL AYES: (1) Waiving all permit and business license fees. (2) Closing Industry Street, providing it is barricaded and appropriately manned. (3) Placing a banner across Barton Road at Mt. Vernon and/or Michigan, with the provision that it be coordinated with Southern California Edison Company. RESOLUTION NO. 81-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN BERNARDINO COUNTY, CA, ESTABLISHING A PROJECT AREA COMMITTEE FOR THE REVISED GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT. CC-81-30 Motion by Councilman Nix, second by Councilman Grant, to adopt Resolution No. 81-05, carried, ALL AYES. Appointment of Project Area Committee Members - Councilman Nix nominated Elmer Gloer and Ken Rinderhagen; Councilman Grant nominated Dr. Jack Booker and Jack Allen; Mayor Tillinghast nominated Bruce Halstead and Rod Lambert; Councilman Rigley nominated Barbara Pfennighausen and Lillian Smith; and Councilman Petta nominated LaVail Trousdale and Jerry Hawkinson. Mayor Tillinghast, with concurrence of Council, declared the ten nominees to be the members of the Project Area Committee, and directed the City Manager to proceed with the necessary correspondence. ORDINANCE NO. 45 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING ORDINANCES NOS. 21 & 2, AND ESTABLISHING THE PLACE FOR INTERIM MEETINGS OF THE CITY COUNCIL. City Attorney Hopkins read the Title of Ordinance No. 45, and requested a clerical correction on Section 3. Page seven - 2/5/81 CC-81-31 Motion by Councilman Grant, second by Councilman Nix to adopt Ordinance No. 45, as amended, as an Urgency Ordinance, by Title Only, carried, ALL AYES. RESOLUTION NO. 81-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NOS. 78-3 & 79-46, AND ESTABLISHING THE DAY & TIME OF CITY COUNCIL MEETINGS. City Attorney Hopkins read the entire Resolution. The Resolution was amended to reflect March 12 as the effective date. CC-81-32 Motion by Councilman Petta, second by Councilman Rigley, to adopt Resolution No. 81-06, as amended, carried, ALL AYES. POLICE CHIEF REPORT Captain Schuyler, representing the San Bernardino County Sheriff's Office, reported a computerized system which will provide specific information regarding crime is nearing completion, with the possibility of a computerized patch system being established. He reported good progress being made in the City regarding crime. CITY ENGINEER REPORT Terrace Hills Community Park Expenditures - City Engineer Kicak reviewed a Memorandum and Staff Report, dated January 30, 1981, on this subject, stating the following: $102,844.48 has been expended, which exceeds funding made available through the grant program; an additional $34,000.00 will be necessary to complete the project, which will include contracting for completion of the irrigation system and hydroseeding; expenditures of $6,660.00 have accrued for the irrigation system, without benefit of a contract, on a purchase order which was not to have exceeded $2,500.00. This matter is to be addressed by Council and the City Attorney. Council discussed the additional funding request, with City Manager Armstead stating additional property tax monies are anticipated; therefore, unappropriated general fund monies are available. The General Fund has previously loaned the Park Fund approximately $100,000.00 for land purchases. Discussion was held on the invoice from J.& L. Landscaping for $6,660.00 and Purchase Order No. 6764, authorizing expenditure not to exceed $2,500.00, and Mr. Kramer's supervision of BLM personnel, due to their inexperience, without apparent staff authorization. City Attorney Hopkins recommended establishing two invoices, with one for the equipment rental, and the other for work supervision, stating this could be justified legally. Page eight - 2/5/81 Council debated opening the meeting to public participation, as recommended by Councilmen Petta and Grant, with Mayor Tillinghast objecting, due to the absence of Mr. Kramer, J.& L. Landscaping. CC-81-33 Motion by Councilman Petta, second by Councilman Grant to open the meeting to public participation to obtain further information on this subject, carried 4-1, with the Mayor abstaining. Mayor Tillinghast opened the meeting to public participation. Dick Rollins, 22700 DeBerry, stated he had been authorized by Mr. Kramer to speak on his behalf. He advised Council that Mr. Kramer had been questioned as to expenditure authorization at a meeting at the parksite on January 26, and was shown the purchase order on January 27, with 60% of the work being accomplished prior to being advised of the expenditure overrun. Mr. Kramer stated he was working with an inaccurate plan while trenching; therefore, due to lack of supervision, had damaged 70 feet of pipe, which he will replace at no charge. One-third of the trenches remain to be cut, which Mr. Kramer states he can complete for $20,000.00. Mr. Kramer is requesting to be paid $4,999.00 towards his invoice of $6,660.00, with the remaining $1,600.00 to be included in his bid for the remainder of the work. Mr. Rollins also stated he and Mr. Kramer had spent one weekend inventorying the irrigation supplies. Mayor Tillinghast closed the public participation. Councilman Grant questioned the apparent lack of communication with Mr. Kramer regarding the purchase order. Following question by Councilman Petta, Mr. Kicak confirmed the work accomplished to be worth a minimum of $6,660.00. Councilman Petta stated he felt the City was morally obligated to pay the invoice and to complete the park project, since this involved volunteers doing work in good faith. CC-81-34 Motion by Councilman Petta, second by Councilman Nix that the City pay $6,660.00 to J.& L. Landscaping for work completed on the Terrace Hills Community Park, and to request bids for the remainder of work required to complete the park installation. Councilman Nix requested that Mr. Kramer be requested to establish two separate invoices defining the work completed for supervision and equipment rental, prior to payment. CC-81-34A Motion amended by Mayor Tillinghast, seconded by Councilman Nix to include authorization of a $34,000.00 loan from the General Fund to the Park Fund, for completion of the park. Following verification by City Manager Armstead of the availability of funds, the Motion to Amend carried, ALL AYES. Motion No. CC-81-34, as amended, carried, ALL AYES. Page nine - 2/5/81 CITY MANAGER REPORT City Manager Armstead reported the following: (1) Landscaping at California Skate is to be completed by February 13; (2) Senator Ayala requested office space be provided at City Hall the third Wednesday of each month from 1:30 p.m. to 4:30 p.m., to allow citizens the opportunity of meeting with him or his staff. Council indicated approval, and recommended being prepared to respond to similar requests at the State or Federal level. CC-81-35 Motion by Mayor Tillinghast, second by Councilman Nix, to authorize space and facilities at City Hall for use by Senator Ayala's office the third Wednesday of each month from 1:30 p.m. to 4:30 p.m. carried, ALL AYES. COUNCIL REPORTS Councilman Petta requested action to be taken to place utility lines underground when construction requires them to be moved. He referred specifically to the area south of Barton Road on Mt. Vernon, between Barton Road and DeBerry, stating construction there will require the telephone posts to be moved, and recommended taking action to require the telephone company to place them underground at this time. City Attorney Hopkins questioned the legality of requiring the telephone company to place the utilities underground, unless the City is prepared to provide the money. City Manager Armstead recommended allowing staff time to research the possibility of establishing a utility district to underground utilities. Staff was directed to write a letter to Southern California Edison Company and to Pacific Telephone, indicating the City's desire to have all utilities placed underground anytime telephone poles are required to be relocated, at no cost to the City. Staff was also directed to contact San Bernardino County regarding acquiring funds which have been accruing, as indicated by Joe Falkner, of Southern California Edison Company. Councilman Nix reported he attended, as alternate, the East Valley Transit Authority Meeting, with the following action being taken: (1) Approved increasing fares, with no action taken to reduce service; and (2) Changed meeting schedules. Councilman Grant reported the following: (1) Met with Riverside County Supervisor Younglove regarding a four-way stop at Main & Michigan, with no apparent action being taken thus far; (2) Questioned if response had been received from Johnstown Properties regarding sidewalk upkeep at the shopping center; (3) Request from Senior Citizens at mobilehome park on Newport Avenue for increased bus service - this will be addressed during FY 1981-82 budget hearings; Page ten - 2/5/81 J� (4) Was unable to meet with Legislators in Sacramento, due to illness; (5) Omnitrans Executive Board, January 7, were advised the City of San Bernardino is ready to commence regular bus service with Omnitrans April 1, and were to advise that City regarding financial responsibility; (6) Art Parlis, Dial -A -Ride, may be contacting our City regarding providing service; (7) Reviewed the fare increases; (8) Omnitrans Board approved payment for 15 bus shelters, some of which will be placed in the City; (9) Attended Inland Manpower Association Meeting January 23; (10) SANBAG, at meeting of January 7, disapproved funding for a rest stop on freeway between San Bernardino & Barstow; and 0 1) Attended SANBAG Meeting February 4. Mayor Tillinghast reported the following: (1) Attended the Citrus Belt Division Meeting of the League of California Cities, at which time information was presented on the proposed reduction of bailout funds for cities in the Governor's proposed 1981-82 Budget. The League of California Cities recommended that the cities brief their legislative representatives on the impact this reduction will have on the cities. CC-81-36 Motion by Mayor Tillinghast, second by Councilman Grant, to authorize Staff and/or Council to attend meetings in Sacramento, if necessary, concerning bailout funds, carried, ALL AYES. (2) Requested City representatives to attend LAFC Workshop Session on February 11 regarding a status report on the Colton -Loma Linda - Grand Terrace boundaries. (3) Proclamations - Read a Proclamation proclaiming the Month of February as "American Heart Month" and a Proclamation proclaiming the first week in April as "Sales to Stop Arthritis Week." PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, stated the Parks & Recreation Committee is willing to assist the Grand Terrace Swim Club in its carnival; Ken Rinderhagen, 12738 Wilmac, voiced approval of various Council actions during the Meeting, and apologized for inappropriate remark made earlier; Bruce Schaefer, 430 Glenhill Road, Riverside, thanked the following staff and Council members for assistance in preparation for the carnival: Seth Armstead; Myrna Lindahl; Randy Anstine; and Councilmen Petta and Grant. ADJOURN CC-81-37 Motion to adjourn to a Public Workshop Session February 12, 1981 at 4:00 p.m. at 12354 Mt. Vernon, for a budget workshop, by Councilman Grant, seconded by Councilman Rigley, carried, ALL AYES. The regular meeting adjourned at 10:25 p.m. Respectfully Page eleven 2/5/81