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09/24/1981CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 24, 1981 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, on Thursday, September 24, 1981, at 6:18 p.m. PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, Records Mgr./Deputy City Clerk ABSENT: Roy W. Nix, Councilman Jim Rigley, Councilman Myrna Lindahl, City Clerk The meeting was opened with invocation by Councilman Petta, followed by the Pledge of Allegiance, led by Captain Phil Schuyler. ITEM DELETED FROM AGENDA 3D(1) Approve Release of Bonds for Tract 9858. ITEM ADDED TO AGENDA: 9 - Closed Session Regarding Personnel Matters. APPROVAL OF MINUTES (9/10/81) CC-81-295 Motion by Councilman Grant, second by Councilman Petta, ALL AYES, by all present, to approve the Minutes of September 10, 1981, as presented. CONSENT CALENDAR The following items were removed from the Consent Calendar: 3A - Approval of Check Register No. 092481 3C - Approve Final Tract Map 11439 Page one - 9/24/81 CC-81-296 Motion by Councilman Grant, second by Councilman Petta, ALL AYES, by all present, to approve the following items on the Consent Calendar: 3B - Accept Audit Report for FY 1979/80. 3D(2) Approve Release of Bonds - Tract 9978: Performance Labor & Material Street: $36,000 $18,000 Water: 17,000 8,500 Sewer: 17,000 8,500 3E - RESOLUTION NO. 81-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 81-47 AND ESTABLISHING BAIL AMOUNTS FOR PARKING CITATIONS PURSUANT TO ORDINANCE NO. 48. 3F - RESOLUTION NO. 81-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING MEMBERSHIP IN THE JOINT PROTECTION PROGRAM OF SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. 3G - RESOLUTION NO. 81-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR ACQUISITION OF EQUIPMENT FOR TERRACE HILLS COMMUNITY PARK. CHECK REGISTER 092481 Following correction of the Account number for Warrant Check No. CC-81-297 1844, Motion by Councilman Grant, second by Mayor Tillinghast, ALL AYES, by all present, to approve Check Register 092481 as corrected. TRACT 11439 - APPROVE OF FINAL TRACT MAP Mayor Tillinghast stated this item had been discussed during Work Session, and the existing Tract Map calls for a cul-de-sac in the Southern California Edison easement that runs along the northerly end of Tract 11439 which causes a problem that will require the moving of an electrical structure within that easement at the time the adjacent property is developed. At that time the cost could be considerably more than at the present time. Mayor Tillinghast stated he feels it appropriate that the adjacent property owner be contacted to see whether a participating agreement could be reached to change the alignment of the existing cul-de-sac in order save the future cost Page two - 9/24/81 Mr. Jim Harber, the Developer requesting approval of the Final Tract Map, addressed Council stating he is interested in buying the adjacent property in order to complete his development, but the owner is not interested in its sale or development at this time. He stated Southern California Edison has given the amount of approximately $10,000 to move that structure at this time. Mr. Harbor further stated they had put the development in according to the street plan approved by San Bernardino County and that the County rejected their earlier attempt to shorten that cul-de-sac. Councilman Petta questioned whether City Engineer Kicak was satis- fied with the Staff recommendation. Mr. Kicak stated he felt the City would not be involved financially one way or the other if Council approves the Staff recommendation, that the burden of cost would be that of the developer of the adjacent property. CC-81-298 Motion by Mayor Tillinghast, second by Councilman Petta, ALL AYES, by all present, to approve Final Tract Map 11439. COMMISSION & COMMITTEE REPORTS PLANNING COMMISSION Commissioner John McDowell stated he feels that the Planning Commis- sion would not have allowed a situation to develop such as that which occured in Tract Map 11439. Mr. McDowell stated the Planning Commission had no report at that time, except that work is being done by the Planning Department in regards to the zoning ordinance. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Reminded Council they were invited to attend the opening of the Grand Terrace Christian Soccer 1981 season to be held Saturday, September 26. (2) Requested Council approve a budget of $2,500 to cover custodial costs for school facilities for recreation programs, as well any other such need, due to the Community Center schedule being such that no new activities can be held there. Mayor Tillinghast requested Staff to provide Council with informa- tion relative to this matter prior to their taking action. Councilman Grant voiced concern regarding the stagnant water he observed at Terrace Hills Community Park. City Engineer Kicak stated one of the problems is the concrete channel originally proposed was not installed because of the Committee's request. Mr. Kicak requested input from the Committee, so there is an understanding of what is wanted before coming to Council with a report. City Manager Armstead questioned Mr. Rollins regarding documents relative to the Landscape Maintenance Contract which had not been completed by Mr. Len Kramer. Mr. Rollins stated he would look into the matter. Page three - 9/24/82 Mr. Bob Yeats, 12888 Fremontia, questioned the number of organiza- tions using the Community Center that are not affiliated with the City. ENERGY COMMITTEE Tom Coyle, Administrative Assistant, reported the Energy Committee is meeting the following morning at 8:30 p.m. CRIME PREVENTION COMMITTEE Chairperson Judy Rinderhagen reported on the following: (1) New Block Parent applications that will allow their continuance and enlargement of the program. (2) An increase in successful Lady Beware programs due to the increase in advertisement. (3) A Run sponsored by the Sheriff's Department October 11 at Glen Helen Park. (4) The latest fiscal year statistics on crime in the area. ORDINANCE NO. (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RELATING TO SCHOOL FACILITIES FEE AND DEDICATIONS. City Attorney Hopkins read changes to the Ordinance requested by the School District and stated the changes did not change the intent of Council. Mayor Tillinghast opened Public Hearing to the second reading of the Ordinance, as revised, for comments based on the information pre- sented by the City Attorney. Mayor Tillinghast advised that the Public Hearing would be continued to a second reading of the Ordinance as revised. Mr. Bob Rich, Colton Joint Unified School District, stated the District urges the Council's consideration of the Ordinance and passage thereof. Mayor Tillinghast closed the Public Hearing. City Attorney Hopkins read the title of the Ordinance. CC-81-299 Motion by Councilman Grant, second by Councilman Petta, to introduce the Ordinance for first reading by title only. Councilman Petta questioned whether the changes are significant enough to require another first reading of the Ordinance. City Attorney Hopkins stated the changes require another first reading for the Ordinance and recommended approval as he did not feel the revisions changed the intent of the Council. With clarification that Councilman Petta's second was based upon the knowledge it was approval for introduction and first reading, the Motion carried ALL AYES, by all present. Page four - 9/24/81 Recess was called at 7:08 p.m. and reconvened at 7:20 p.m., with all members present, except Councilmen Nix and Rigley. SIGN ORDINANCE ENFORCEMENT - SERVICE STATION PETITION Coucilman Grant stated he feels there is always danger of this kind of enforcement going too far and infringing on personal rights and personal freedom; however, feels the Ordinance is a reasonable one and, therefore, supports the Staff recommendations. Councilman Petta stated he feels the intent of an ordinance must be pursued; feels, however, at the same time it must not be so restric- tive that a citizen's right to make a living is jeopardized. Councilman Petta added he feels this is a case where this individual is conscientious enough to ask to do it legally. CC-81-300 Motion by Councilman Grant second by Mayor Tillinghast, that Council enforce the sign ordinance as enacted relative to the request of the service station owner. The Motion carried 2-1, with Councilman Petta voting NOE. ASSESSMENT DISTRICT - INSTALLATION OF WATERLINE IN BARTON ROAD City Engineer Kicak stated that if the City Council wishes to install this particular system, there are two alternatives. (1) The City could provide the funds up front and enter into an agreement with Riverside Highland Water Company for those property owners who do not wish to participate in cash at the time of installation of the water line; (2) the City could establish an Assessment District whereby the line will be installed and the property owners who wish to pay cash during the cash collection period may do so, others would have an opportunity to pay over a period of time. Mr. Kicak stated that in his discussion with several property owners, it appears there will be money returned to the City immediately through the cash collection period, but there are others who would prefer an assessment district. Mr Kicak stated that Staff recommends the City Council consider establishment of an Assessment District. CC-81-301 Motion by Councilman Petta, second by Councilman Grant, ALL AYES, by all present, to approve initiating the Assessment District proceed- ings pursuant to 1913-1915 Act. AD HOC HOUSING ELEMENT ADVISORY COMMITTEE CC-81-302 Based upon his opinion the that Planning Commission represents a wide spectrum of the community, Motion by Councilman Grant, second by Councilman Petta, ALL AYES, by all present, to appoint the Planning Commission as the Ad Hoc Housing Element Advisory Committee. Page five - 9/ 24/ 81 ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - APPOINT NEW MEMBER Councilman Grant stated Mrs. Arlena Ware was his recommemdation for appointee to the Committee, and it is his understanding from the Chairperson of the Committee she did a good job during the brief time she was on the Committee. Councilman Grant requested an official letter of thanks be sent to Mrs. Ware. Councilman Grant requested the matter of appointing a new member be delayed until he has an affirmative answer from the person he has in mind to replace Mrs. Ware, at which time he will contact Mr. McDowell to let him know she is willing to serve on the assumption the Council will approve his nomination. CC-81-303 Motion by Councilman Grant, second by Councilman Petta, ALL AYES, by all present, to accept the resignation of Mrs. Arlena Ware from the Economic Development Committee, and that an appropriate letter of thanks and appreciation be sent. FIRE CHIEF REPORT Howard Wright, Battalion Chief, California Department of Forestry, reported the following: (1) Extended an invitation to the dedica- tion ceremonies for a new Fire Station in the Community of Highland at 10:00 a.m., September 26th. (2) AB 1922 (Floyd) is before the Governor, and if it is not vetoed by October 1, midnight,it would change Section 4142 of the Public Resources Code, which is the basic authority to enter into local government contracts for fire protection. Requested Council notify the Governor stating its support for his veto of this bill and to also contact Supervisor McKenna urging him to pursue the same course of action through the Board of Supervisors. CC-81-304 Motion by Mayor Tillinghast, second by Councilman Grant, ALL AYES, by all present, directing that a telegram be sent and a phone call be placed the following morning to the Governor's Office stating the Council's opposition to AB 1922 (Floyd), as amended, and to notify Supervisor McKenna of this position. CITY ATTORNEY REPORT City Attorney Ivan Hopkins reported on a Bill before the Legislature which would exempt from the Brown Act their going into Closed Session for discussion of appointments or resignations from boards or commissions. CITY MANAGER REPORT PRIVATE STREET LIGHT - LINDA STIENSTRA - 12740 VIVIENDA City Manager Armstead stated there was discusssion in the Work Session regarding Linda Stienstra's request for the City to assume the cost of the street light located at her residence for the sum of Page six - 9/ 24/ 81 $16.56 for one month and the continued payment thereof, that since the trees have been trimmed, considerable light is given to the area. Mr. Armstead stated Staff recommends Council consider assuming the cost of that street light. Councilman Grant stated he indicated in the Work Session he concurs with the City Manager; feels there was some Staff inconsistency and Council should live up to an obligation. Councilman Grant questioned whether approval of this would place the City in a conflicting situation with what is the intent of the proposed questionaire to be sent out to the residents of Grand Terrace on the issue of the Street Lighting District. Mr. Kicak stated he did not feel the two were related. Attorney Hopkins stated that the City cannot assume this type of obligation retroactively. Motion by Councilman Petta, second by Councilman Grant, to approve the City paying the bill presented by Linda Stienstra and the cost of that street light from hereon as in other cases. Clarifications were made that the intent of the Motion is to consider only future bills. Mayor Tillinghast stated he feels there is an inequity at this time where the City is paying for other street lights and not this one, and he sees the benefits derived by the community. Mayor Tillinghast stated, however, to be consistent with his positions taken in the past regarding the City paying the costs of utilities for streets lights installed at the request of the property owners, he feels he cannot support the Motion. Feels the Motion will pass, but as a matter of principle will vote against it. The Motion failed 2 - 1, with Mayor Tillinghast voting NOE. Attorney Hopkins advised that the Motion failed inasmuch as this Motion involves the financial matters of the City, and it requires a quorum or majority of the Council. Therefore, this Motion requires three votes. CC-81-305 As a member of the Council voting with the presiding side, Motion by Mayor Tillinghast, second by Councilman Grant, ALL AYES, by all present, for reconsideration of the Motion. CC-81-306 Motion by Councilman Petta, second by Councilman Grant, ALL AYES, by all present, to approve the City paying the future cost of the street light located at the Sienstra residence at 12740 Vivienda. Mayor Tillinghast stated that in voting NOE he had not realized he had a veto power, since there are only three Members present, and that on principal he still objects to the City paying the cost of the street light; that he is voting in favor of the Motion to avoid the persons involved having to return to a subsequent meeting. Page seven - 9/24/81 AD HOC ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BUDGET City Manager Armstead stated this Committee has been appointed since the approval of the budget and recommended Council authorize a budget in the amount of $2,000 from funds in the unallocated reserve. Council questioned how the $2,000 has been determined. There was further discussion regarding the possibility of supplemental appro- priation in the Planning Department budget. Finance/Administrative Services Officer Clark stated that in reconsidering the matter, he feels the cost should come from the Community Redevelopment budget. Following further disccussion regarding whether this matter is a City or CRA responsibility, Attorney Hopkins stated there is no legal problem in the cost coming from the CRA budget, but action would have to be taken by that Agency. Mr. Hopkins advised that action taken by the Council would require a majority vote because this again is a financial matter obligating City funds. Following recommendation from Attorney Hopkins that the CRA should CC-81-307 not assume obligations of the City, Motion by Councilman Grant, second by Councilman Petta, to approve the authorization of a budget for the Ad Hoc Economic Development Advisory Committee in the amount of $2,000; and that these funds be appropriated from the unallocated reserve. Following clarification that the budget for the Economic Development Committee will come back to Council to show exactly the disposition of the $2,000, and that the Committee itself will not encumber the funds, the Motion carried, ALL AYES, by all present. WORD PROCESSING SUPPLIES & EQUIPMENT City Manager Armstead stated no budget had been established for the Word Processing equipment and supplies, and Staff recommends $1,000 be budgeted for this area; that this budget can be appropriated from the unallocated reserve. Following discussion it was recommended the cost of word processing suppies and equipment come from within the various department. Council requested an updated accounting of the unallocated reserves, including any possible upcoming withdrawal transfers. COUNCIL REPORTS Councilman Petta reported the following: (1) requested from City Engineer Kicak the status of the Mount Vernon reconstruction project and what could be done to correct a weed problem that exists in the vicinity of the Fire Station where a new street was created. Mayor Tillinghast stated this area is also a concern to him, and he would like to see this matter considered when the Landscaping and Lighting District is reconsidered by Council. Mr. Kicak stated this is one of the areas being considered for a landscaping project. Page eight - 9/24/81 (2) Requested, with concurrence of Council, that the City Engineer do a traffic study of what he considers a dangerous traffic situa- tion at the intersection of Grand Terrace Road and Vista Grande. (3) Telephone dialing area change request- requested, with concur- rence of Council, that Staff once again contact the Public Utilities Commission regarding this matter and, in the strongest possible language, inform the Commission there is a time element involved. Attorney Hopkins stated that Attorney Harper is handling this item and he will report to Council at the next meeting on the progress of this matter. Councilman Grant reported the following: (1) Stated he feels the structure of the IMA is totally unequitable and that he intends to approach the SANBAG Board for their approval for him to consult with County Counsel on the feasibility of modifying the structure so that SANBAG could become an equal partner to the two counties in that structure. (2) Recommended inviting Mr. Parlis to make a presentation regarding Dial -A -Ride. (3) The Chairman of the Citrus Belt Division of the League of California Cities' request for cities to adopt a resolution of support for an independent study concerning the investment policies of the Public Employees Retire- ment System. RESOLUTION NO. 81-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING AN INDEPENDENT STUDY OF THE INVESTMENT POLICIES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. Following clarification that this support has no bearing on the City's position in regards to its present employee retirement plan, CC-81-308 Motion by Councilman Grant, second by Councilman Petta, ALL AYES, by all present, to approve Resolution No. 81-61, with the understanding this support has no bearing on the City's position on its present employees retirement benefits. (4) Councilman Grant voiced a complaint regarding what is not being done in the area of landscaping at the California Skate, as well the parking of the house trailer adjacent to that building. (5) The Hancock Station sign which he feels is in violation. Administrative Assistant Tom Coyle read the regulations for type of sign from the sign ordinance and that he felt that the sign in question would be grandfathered in according to the the ordinance. The owner has five years to bring the sign into compliance with the ordinance. Mr. Coyle stated he is waiting for Council's position and outlined his plans to advise all station owners of the condi- tions of the Ordinance. Councilman Petta stated he feels this is an example of the inadequacies of the Ordinance, and that he is person- ally going to submit recommendations for changes. Page nine - 9/ 24/81 Mayor Tillinghat, reported the following: (1) That he has issued a Proclamation proclaiming October 7, 1981, as National Guard Day in the City of Grand Terrace in recognition of the National Guard Service to the Country for 345 years and the value that is given to the City of Grand Terrace, as well as the rest of the Nation. (2) Legislation introduced by Senator Hayakawa's which would amend the Constitution by establishing English as the Nation's official language; and stated he feels it appropriate for Council to express support of the proposed legislation. CC-81-309 Motion by Mayor Tillinghast, second by Councilman Petta, that a resolution of support be prepared for the amendment to the Constitution as proposed by Senator S. I. Hayakawa. Councilman Petta stated he supports this Motion that would undo a wrong that requires more than one language to appear on documents such as election material. Councilman Petta further stated he wants it known he was at one time an immigrant and had to learn the English language. Councilman Grant concurred with Councilman Petta, and further stated he feels that support of this legislation should not be interpreted as an attempt to reduce the essential value of the variety of herital cultures in the Country. The Motion carried ALL AYES, by all present. (3) Mayor Tillinghast stated he had, during the last week, sent Mail-O-Grams to Governor Brown requesting his support on the following legislation: SB 152 (Watson) pertaining to sales taxes and financing for Community Redevelopment Agencies and SB 121 (Craven) raising the Municipal Bond ceiling from 10 to 12%. Mayor Tillinghast stated he also sent a Mail-O-Gram to Governor Brown regarding AB 1693 (Tucker) providing for agency, shop, and local government, and requested Governor Brown veto that Bill. (4) Called the Department of Inter -Governmental Affairs at the White House requesting the President favorably consider the continuation of Revenue Sharing, rather than adding it to the list of items subject to cut. (5) Questioned the status of a handicap ramp that was to have been installed at the front building of the City Hall. Mayor Tillinghast stated he feels there is a need for a handicap ramp access to the City Hall and recommended, if practical, adding that project to the Contract now in effect for other City projects, if possible. CC-81-310 Motion by Mayor Tillinghast, second by Councilman Grant, to authorize Staff to negotiate with the Contractor for installation of the handicap ramp, if practical at this time. Councilman Petta and Councilman Grant questioned the fact the City does not own that property and where the City stands should the property owner not want that ramp installed. Mayor Tillinghast stated the City would be required to put the property back into the necessary required condition. Following further discussion, the Motion carried, ALL AYES, by all present. Page ten - 9/24/81 (6) Mayor Tillinghast requested that City Engineer Kicak check and advise Council of the engineering design of Mt Vernon between Minona and Brentwood, so that if the design is correct, radar can be used and the speed limit enforced. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, voice concern for the amount of crime in the City and questioned the statistics. CLOSED SESSION The Council meeting adjourned to a Closed Session at 8:44 p.m., with City Attorney Hopkins in attendance. RECONVENE The Regular meeting reconvened at 8:58 p.m., with all members present, except Councilmen Nix and Rigley. Mayor Tillinghast stated the Session dealt with personnel and litigation, and no action was taken. ADJOURN The Regular Meeting adjourned at 8:59 p.m.. The next Regular Meeting will be held Thursday, October 8, 1981, at 6:00 p.m., following a Public Work Session at 4:00 p.m. Respectfully submitted, Records Manager/ Pf-� Deputy City C1 APPROVED: Page eleven - 9/24/81