Loading...
02/19/1981r CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 19, 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 6:09 p.m. on February 19, 1981 PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore. Tony Petta, Councilman Roy W. Nix, Councilman Jim Rigley, Councilman Ed Clark, representing City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Lindahl, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Reverend Bryce Pelren, Inland Empire Church of the Nazarene, Colton, followed by the Pledge of Allegiance, led by Dick Rollins. ITEMS DELETED FROM AGENDA 3D - Notice of Completion - Grading at Terrace Hills Community Park ITEMS ADDED TO AGENDA 5B - Priority List of Projects (Budget) 5C - New Appropriations (Budget) 9 - Executive Session - Litigation APPROVAL OF MINUTES - FEBRUARY 5, 1981 CC-81-38 Following corrections to Councilman Grant's Report, and Public Participation, Motion by Councilman Petta, second by Councilman Grant, ALL AYES, to approve the Minutes of February 5, 1981, as amended. CONSENT CALENDAR Item 3A - Check Register No. 021981 - was removed. CC-81-39 Motion by Councilman Rigley, second by Councilman Petta, ALL AYES, to approve the following items on the Consent Calendar: Page one - 2/19/81 3B - RESOLUTION NO. 81-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, APPROVING THE REVISED SAN BERNARDINO COUNTY SOLID WASTE MANAGEMENT MASTER PLAN. 3C - RESOLUTION NO. 81-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, APPROVING THE PRIORITY PLAN FOR EXPENDITURES OF THE COUNTY OF SAN BERNARDINO UNDER THE PROVISIONS OF THE CALIFORNIA PARKLANDS ACT OF 1980 ON A PER CAPITA BASIS. 3E - Authorize Mayor to Execute, & City Clerk to record Notice of Completion - Federal Aid Safer Roads Demonstration Project, Project No. SRS-000S (008) (Street Name Signs) - Cote Mark, Inc. CHECK REGISTER NO. 021981 CC-81-40 Following questions and clarification, Motion by Councilman Grant, second by Councilman Petta, ALL AYES, to approve Check Register No. 021981. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Vice -Chairman Dick Rollins reported the following: (1) No quorum at the last committee meeting; (2) Goals & priorities for the budget were discussed, and recommendations submitted; and (3) Invited Council, Staff and residents to attend the Grand Terrace Christian Soccer Club festivities to be held Saturday, February 21, 1981. Councilman Nix raised questions regarding the Committee's priority list - the matter was deferred for discussion later in the agenda. VOLUNTEER SERVICES COMMITTEE Chairman Bob Yeates introduced Boy Scout Bryan Shelburn, who is completing a requirement for the Citizenship Merit Badge. He stated the Committee Meetings will now be held the first Thursday of each month. CERTIFICATE OF COMMENDATION Mayor Tillinghast read and presented a Certificate of Commendation to Reverend Grimes, Pastor, First Baptist Church of Grand Terrace, commending Pastor Kenneth Grimes, the Deacon Body and David Burckhardt, Director of Music, for assistance in providing a meeting place for the City. The Deacon Body and David Burckhardt also received Certificates of Commendation. ri Page two 2/19/81 ORDINANCE NO (First Reading) - Public Hearin AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, PROVIDING FOR THE ABATEMENT & REMOVAL OF, AS PUBLIC NUISANCES, ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY, NOT INCLUDING HIGHWAYS, & RECOVERY OF COSTS OF ADMINISTRATION THEREOF, AS AUTHORIZED BY SECTION 22660, VEHICLE CODE, STATE OF CALIFORNIA. City Attorney Hopkins read the title of the proposed ordinance. Mayor Tillinghast stated there has been considerable concern regarding this proposed ordinance, which was first introduced in November, and at the meeting of February 5, 1981, introduction was deferred in order to hold a public hearing prior to first reading. Staff presentation was made by David Carmany, Administrative Assistant, regarding the intent of the proposed ordinance, and the procedures outlined therein for removal of affected vehicles. Mayor Tillinghast opened Public Hearing on the matter. SUPPORTING TESTIMONY Dick Rollins, 22700 DeBerry, recommended adoption, feeling this would provide coverage not specified in the R-1 zoning requirements. John McDowell, 22690 Cardinal, representing the Planning Commission, presented material, including photographs, to Council to support the recommendation to adopt and provide for enforcement. City Attorney Hopkins read the first five sections of the ordinance. OPPOSING TESTIMONY Jim Ross, 22792 Brentwood, stated condemning or approving the proposed ordinance depends on individual points of view. George Arzoo, 12035 Westwood Lane, recommended time be allowed for circu- lation of a petition in favor of the proposed ordinance, since a petition had been circulated opposing it. Dennis Evans, 22064 DeBerry, objected to invasion of private property rights. Ed O'Neal, 22608 Minona, presented a petition with 144 signatures to Council, opposing the proposed ordinance; objected to allowance for judgment decisions; and stated the Concerned Citizens Committee has found no basis of need for this ordinance. Objections were voiced in the areas of how the ordinance would be interpreted, lack of abandoned vehicles, the desire to pursue cars as a hobby and recreation, and a concern for over -legislation, by the following citizens: Daniel Devore, 22518 Cardinal; Ken Rinder- hagen, 12738 Wilmac; Dolores Kossman, 22735 Desoto; Frances Carter, Page three - 2/19/81 11938 Arliss Drive; James Baker, 22243 McClarren; Chuck Hartzel, 22558 Cardinal; Jim Lindsley, 22048 Vivienda; Jerry Okel, 12559 Vivienda; Lee Swertfeger, 12438 Michigan; Jim Hodder, 22353 Van Buren; and Vic Fischer, 12226 Kingston. Barney Karger, 11668 Bernardo Way, stated he was speaking neither for nor against the ordinance, but requested an interpretation of vehicles which would be in violation. Mayor Tillinghast closed Public Hearing. RECESS was called at 7:40 p.m., and reconvened at 7:51 p.m., with all members present. PRESENTATION OF NEIGHBORHOOD WATCH CERTIFICATES Captain Schuyler, Central Patrol Division, Commander of the law enforcement unit for Grand Terrace, presented Neighborhood Watch Certificates of Appreciation to the following residents: Eileen Hodder; Jerry Okel; and Tom Bayus. Captain Schuyler commended the residents for their assistance in apprehending persons involved in crime. VEHICLE ABATEMENT ORDINANCE - (Continued) Mayor Tillinghast questioned Staff regarding providing examples of need for the proposed ordinance. Dave Carmany, Administrative Assistant, stated a specific inventory of the community was not conducted; however, complaints have been received. He gave an interpretation of how the ordinance would be administered and enforced. Councilman Petta stated he didn't feel Council had been given a thorough definition of abandoned vehicles; that Council represents the people, and testimony indicates they do not want the ordinance; therefore, he made the following motion: CC-81-41 Motion by Councilman Petta, second by Councilman Grant, to deny the vehicle abatement ordinance. Councilman Grant stated he seconded the Motion, for the following reasons: uncertain as to the intent; no definition given of "inoperative" and other words; ordinance too open for discretion for administration; concerned with provision allowing staff to enter private property; and feels would be better to have an ordinance not so severe, which would place emphasis on outstanding problems. Councilman Nix stated he understands the intent and interpretation of the ordinance, but feels no need has been established, and the public is not in favor. Recommended consulting with Dr. Dan Devore regarding the approach to be used for gross abuse of property, should a need be established in the future for such an ordinance. Page four - 2/19/81 Councilman Rigley stated he agreed with rejecting the ordinance for the following reasons: the majority of the people spoke against it; felt the intent of the ordinance was not to preclude citizens pursuing hobbies, but to eliminate eyesores and nuisances; and no definite need had been established for the ordinance. Mayor Tillinghast stated he would support the Motion --however, did not agree with the negative fashion in which it was stated; could not support the ordinance in its present form, feeling clarification is needed on definition of "abandoned, wrecked, and dismantled" and as to the intent; and feels there is a need for an ordinance which would clearly address the problems. Motion No. CC-81-41 carried, ALL AYES. PRIORITY LIST OF PROJECTS - (BUDGET Ed Clark recommended Council approve the priority list of projects as tentatively approved during the Workshop Session of February 12. Councilman Nix stated the list, as presented, includes some items which already are in the FY 80-81 Budget, and feels for clarification, the list should indicate the items previously budgeted. CC-80-42 Motion by Councilman Nix, second by Councilman Petta, to approve. and accept the items listed as Priority A - Service Contracts -- Priority One. Following clarification by Councilman Grant and Mayor Tillinghast that this action is to prioritize the projects, not to establish additional expenses, Motion carried, ALL AYES. Council discussed the Priority B Items, noting that some of those items are presently budgeted, and grant funds will offset the cost of some of the items. Councilman Petta referred to the Priority C Items for next year, and recommended including the Civic Center on the Priority B List. Council also discussed the possibility of including long-range items, in case the amended budget reflects the availability of funds. CC-80-43 Motion by Councilman Nix, second by Councilman Rigley, to direct Staff to proceed with updating the FY 1980-81 Budget to include Priority Projects Items one through twenty, which are to be presented to Council for final approval. Following clarification that the list does not include any of the Priority C Items; however, the list can be reviewed following further information regarding the CRA Bond Issue, Motion carried 4-1, with Councilman Grant voting NOE. NEW APPROPRIATIONS - (BUDGET) Ed Clark, Finance/Administrative Services Officer, requested Council approval of new appropriations, in order to amend the FY 1980-81 Page five - 2/19/81 Budget. Council previously approved the FY 1980-81 Budget, with the recommendation that it be reviewed for additional appropriations which might be required in the third quarter, after anticipated funds were received by the City. An amended FY 1980-81 Budget will be presented to Council February 26 for review, with a request for approval at the City Council Meeting of March 12, 1981. CC-81-44 Motion by Councilman Rigley, second by Councilman Petta, to approve an additional appropriation of $400.00 from unappropriated reserve, for Account No. 10-4110-270 - City Council, Travel, Conferences and Meetings. Following clarification that there was no prior experience on which to base expected expenditures, and that Council previously approved a minimum budget, with the expectation it would be increased, the Motion carried, ALL AYES. CC-81-45 Motion by Councilman Petta, second by Councilman Nix, ALL AYES, to approve an additional appropriation of $314.00 from unappropriated reserve, for Account No. 10-4120-230 - City Manager, Advertising. CC-81-46 Following clarification that separate budgets are now being established for the City Manager and the City Clerk, Motion by Councilman Petta, second by Councilman Rigley, ALL AYES, to approve an appropriation of $300.00 for Account No. 10-4125-230 - City Clerk, Advertising. CC-81-47 Motion by Councilman Grant, second by Councilman Rigley, ALL AYES, to approve the budget item for City Clerk, Elections, General Fund, as presented. Ed Clark stated the Engineering budget actually includes two departments - Engineering and Building & Safety. In the future, revenues and expenditures will be listed with the appropriate project. CC-81-48 Motion by Councilman Petta, second by Councilman Rigley, ALL AYES, to approve additional appropriation of $52,800.00 for Account No. 10-4170-250 - Engineering, Professional & Special Services, General Funds. CC-81-49 Motion by Councilman Nix, second by Councilman Petta, ALL AYES, to approve an additional appropriation of $3,000.00 for Account No. 10-4190-210 - Non -Department Office Expense. CC-81-50 Motion by Councilman Petta, second by Councilman Rigley, ALL AYES, to approve a $4,000.00 additional appropriation for Account No. 10-4190-235 - Non -Departmental Communications Fund. CC-81-51 Motion by Councilman Rigley, second by Councilman Petta, ALL AYES, to approve a $2,000.00 additional appropriation for Account No. 10-4190-238 - Non -Departmental Utilities Funds. Page six - 2/19/81 CC-81-52 Following clarification of types of equipment, Motion by Councilman Riglev, second by Councilman Grant, ALL AYES, to approve additional appropriation of $5,000.00 for Account No. 10-4190-240 - Non -Depart- mental Rents & Lease of Equipment. CC-81-53 Motion by Councilman Petta, second by Mayor Tillinghast, ALL AYES, to approve additional appropriation of $3,000.00 for Account No. 10-4190-245 - Non -Departmental, Maintenance - Building & Grounds. CC-81-54 Following affirmative reply to Councilman Grant's question as to Records being kept on mileage, Motion by Councilman Petta, second by Councilman Nix, ALL AYES, to approve additional appropriation of $1,500.00 for Account No. 10-4190-270 - Non -Departmental, Travel, Conferences & Meetings. CC-81-55 Motion by Councilman Petta, second by Councilman Grant, ALL AYES, to approve additional appropriation of $500.00 for Account No. 10-4370-210 - Planning, Office Expense. CC-81-56 Motion by Councilman Petta, second by Councilman Rigley, to approve additional appropriation of $1,000.00 for Account No. 10-4370-230 - Planning, Advertising. Mayor Tillinghast questioned the City . Kk Attorney if publishing was occurring in cases where it could be posted. City Attorney Hopkins stated advertising could be done to 2" a lesser degree; however it has not been the choice of Council.' e Mayor Tillinghast clarified this had only occurred in one instance. Motion carried, ALL AYES. CC-81-57 _fix Motion by Councilman Petta, second by Councilman Grant, ALL AYES, tt to approve additional appropriation of $3,000.00 for Account No. 10-4420-255 - Data Processing, Other Contractual Services. RESOLUTION NO. 81-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 79-7 AND ESTABLISHING FEES PAYABLE INTO CAPITAL IMPROVEMENT AND MAINTENANCE FUNDS FOR STREETS, PARKS, AND STORM DRAINS ON NEW CONSTRUCTION PURSUANT TO ORDINANCE NO. 44. City Attorney Ivan Hopkins read the title. Mayor Tillinghast stated this Resolution is required to establish fees for the recently -adopted Ordinance No. 44. Two proposed resolutions were submitted to Council - one with the fees remaining the same, and one increasing the fees in accordance with the consumer price index. Since no need has been established to justify a price CC-81-58 increase, Motion was made by Mayor Tillinghast, seconded by Council- man Nix, and carried 4-1, with Councilman Grant voting NOE, to adopt Resolution No. 81-08, which sets the fees at the same rate as they presently are. Calling of Public Hearing prior to adoption of Resolution No. 81-08 was inadvertently overlooked; therefore, Mayor Tillinghast opened Public Hearing on the Resolution. There being no testimony favoring or opposing the Resolution, Mayor Tillinghast closed Pub-Itc Hearing. Page seven - 2/19/81 FIRE CHIEF REPORT Mayor Tillinghast reviewed the Monthly Activity Report. Dick Rollins stated the Fire Department had voiced concern regarding accessibility to the property being developed by Max Morgan on Mt. Vernon in case of fire. Engineering will investigate; however, it was noted by both City Engineer Joe Kicak and City Attorney Hopkins that the Fire Department reviews the plans prior to approval by the Planning Commission. CITY ATTORNEY REPORT City Attorney Hopkins requested the City Council Minutes of January 15, 1981 be amended to reflect release of certain bonds, upon acceptance of new bonds for Tracts 9919 and 9741. CC-81-59 Motion by Councilman Rigley, second by Councilman Grant, ALL AYES, to amend the Minutes of January 15, 1981 to reflect release of certain bonds, upon acceptance of new bonds, for Tracts 9919 and 9741. COUNCIL REPORTS Councilman Grant stated the Mayor had received a letter from the Grand Terrace Lions' Club requesting establishment of a Building Committee to be comprised of representatives from the Lions' Club and City Staff to coordinate improvement activities at the Community Center. Councilman Nix stated the Lions' Club already has a Building Committee, and recommended Staff be directed to coordinate with that Committee in implementing and determining the use of the grant funds and other maintenance items related to the Community Center. Mayor Tillinghast questioned City Attorney Hopkins regarding conflict, since a majority of Council are on the Lions' Club Board of Directors. City Attorney Hopkins indicated no problem, since this is an advisory committee, and recommended the Lions' Club be involved in the planning process. Mayor Tillinghast opened the meeting to public participation. Ed O'Neal, 22608 Minona, stated the Board of Directors of the Lions' Club had approved the sublease for the Community Center with the City. In negotiating the sublease, it was understood that the Lions' Club would be involved in determining the expenditure of funds; however, it was learned that City Staff was progressing on this matter, without consulting the Lions' Club. Mayor Tillinghast closed the meeting to public participation, and directed Staff, with the concurrence of Council, to appoint the necessary Staff members to establish good rapport with the Lions' Club Building Committee and resolve any existing problems. Page eight - 2/19/81 11-81-60 Motion by Councilman Grant, second by Councilman Rigley, ALL AYES, that Council go on record as supporting SB 236, introduced by Senator Ayala, which addresses crimes committed in places of ` worship. Councilman Grant stated there is a blue reflective device which can be used to locate fire plugs, and understands it is possible to get a grant for this. Barbara Pfennighausen stated this program has been adopted by the Woman's Club as a community club project over the next two years, and present plans are to set up a program whereby individuals or organizations can support the program by adopting a fire plug. There are presently 600 fire plugs in the City. This program will be coordinated with Engineering and the Fire Department. Councilman Petta stated the landscaping has been completed at the skating rink. Mayor Tillinghast voiced objection to the illegal signs which are still posted throughout the City, including a sign illegally posted on the BIA sign at the intersection of Barton Road & Palm. Considerable discussion and debate was held regarding a sign advertising the firm, Bloomer's, being attached to a BIA sign at the intersection of Barton Road & Palm, with points being raised stating the BIA signs are to be used only for advertising building developments in the City, the sign is not on a public right-of-way, and doesn't conform with the sign ordinance. Councilman Petta stated the size of the sign is not in violation of the ordinance, and objected to taking a "hard-line" position. on a sign that he doesn't feel is objectionable. He stated this situation is an example of why the citizens are concerned over adoption of new ordinances. Dave Carmany, Administrative Assistant, was questioned on the sign's legal requirements. He stated the sign is not legal, and the matter has been discussed with the owner of the property, and the tenant, Bloomer's. The tenant has no desire to violate the sign ordinance; however, the owner's position is that if the tenant will not be allowed to advertise on the BIA sign, then the sign will have to be removed from the property. The Azure Hills Seventh Day Adventist Church has consented to having the sign placed in front of the Church in the parkway; therefore, the sign will be moved, at City expense. Councilman Petta questioned moving the sign at City expense. CC-81-61 Motion by Councilman Petta, second by Councilman Nix, that the City not pay for a private company, which is making a profit, to move the sign. Debate continued on allowing the sign to remain, whether BIA objects to the sign, placement of the sign on private property, and allowing advertising on the BIA signs, other than for subdivisions. Page nine - 2/19/81 Motion No. CC-81-61 failed, with Councilmen Grant, Nix, Rigley, and Mayor Tillinghast voting NOE, and Councilman Petta abstaining. Mayor Tillinghast opened the meeting to public participation. Ken Rinderhagen, 12738 Wilmac, stated the BIA signs are to be used only as directional signs. Barbara Pfennighausen stated she shares Councilman Petta's concern regarding enforcing ordinances "to the letter." Barney Karger, 11668 Bernardo Way, voiced objection to time being spent on what he considers to be minor items, such as violations to the sign ordinance, and ticketing cars parked on the wrong side of the street, rather than pursuing real criminals. Mayor Tillinghast closed the meeting to public participation on this matter. PUBLIC PARTICIPATION Vic Fischer, 12226 Kingston, complimented the sign presently located on the Morgan Development property; Barbara Pfennighausen, 12364 Pascal, questioned some items listed on the Budget Priority List, particularly the estimated cost for bus shelter pads. Barney Karger, Dick Rollins & Barbara Pfennighausen volunteered to construct the bus shelter pads. Barbara Pfennighausen also questioned the City's liability in relation to the motocross; Barney Karger, 11668 Bernardo Way, objected to handicap ramps being constructed. Dick Rollins, 22700 DeBerry, requested Council approval of his request to place a private street light on DeBerry, at his expense. CC-81-62 Motion by Councilman Nix, second by Councilman Grant, carried 4-1, with Mayor Tillinghast voting NOE, to approve establishment of a private street light by Dick Rollins, at his expense. Jim Hodder, Secretary, Crime Prevention Committee, thanked Council for allowing time on the agenda for presentation of the Neighborhood Watch certificates. PARCEL MAP 3973 City Engineer Joe Kicak reviewed a Memorandum he had written to the City Manager, dated February 12, 1981, regarding Parcel Map 3973, and requested Council approval to release the bonds presently posted for improvements of Blue Mountain Court and Pico, subject to posting a new bond for improvements of Pico at the proper time. CC-81-63 Motion by Councilman Nix, second by Councilman Petta, ALL AYES, to authorize release of a Certificate of Deposit for $22,000.00, as security for improvement of Blue Mountain Court, a private road, and Pico Street. Prior to release of the $22,000.00 Certificate of Deposit, a bond is to be posted with the City for $7,500.00, to secure improvements of Pico. Page ten - 2/19/81 RECESS was called at 10:40 p.m., and reconvened at 10:45 p.m., with all members present. - EXECUTIVE SESSION Council adjourned to an Executive Session at 10:45 p.m., with Finance/Administrative Services Officer Ed Clark, City Attorney Hopkins and City Engineer Kicak in attendance. RECONVENE Council reconvened the regular meeting at 11:10 p.m., with all members present. Mayor Tillinghast stated the purpose of the Executive Session was to discuss litigation, with no decisions being made. ADJOURN Motion by Councilman Rigley, second by Councilman Nix, ALL AYES, to adjourn the regular meeting at 11:10 p.m., to an adjourned regular meeting to be held Thursday, February 26, 1981 at 6:00 p.m., at the Terrace View Elementary School, 22731 Grand Terrace Road. Respectfully submitted, tI W APPROVE: Page eleven - 2/19/81