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12/07/1978MINUTES The regular meeting of the City Council, City of 12/7/78 Grand Terrace, was held in the City Hall, 22140 Barton Road, Grand Terrace, California, on December 7, 1978 at 6:00 P.M. CALL TO ORDER Mayor Petta called the meeting to order. INVOCATION Reverend Kenneth Grimes, First Baptist Church PLEDGE OF ALLEGIANCE P O T.T. r A T.T. ITEMS ADDED OR DELETED (Item 1.) ORDINANCE No. 5 (Item 2.) (Second Reading) Page 1 - December 7, 1978 Mayor Petta asked Robert Schaefer to lead in the Pledge of Allegiance to the Flag Council: Councilmembers Tillinghast, Erway, Allen, Grant; Mayor Petta Staff: City Manager Seth Armstead; City Attorney, Ivan Hopkins; City Engineer, John Shone; Executive Secretary/Deputy City Clerk, Myrna Lindahl Item 13: Delete - Resolution Establishing Subvention Funds. Separate Resolutions will be required for each subvention fund. Item 6: Change from a Resolution to a Motion Item 9: Change from a Resolution to Urgency Ordinance No. 6 Item 9A Add this item as a Resolution to Establish a Planning Committee Item 15A Change to read: "Establish a city organization chart forming commissions, committees and boards, in accordance with the Maddy Act. Item 16B Added item: Statement of Economic Interest Ordinance No. 5, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE PROVIDING FOR COMPENSATION TO COUNCILMEN, was given second reading by title. Public Hearing was held. Pauline Norris, 12450 Mt. Vernon, agreed with reimbursement of expenses, but not a set salary. Geoffrey Dooley, 22432 Franklin asked the amount per Government Code, and if it was maximum. Asked how the $25.00 per meeting Ordinance No. 5 had been established. Councilman Erway stated (Item 2.) the amount was in the PAS Study, which listed (Second Reading) $25.00 per meeting for each councilmember, with (Continued) $50.00 per meeting for the Mayor. Subsequent to that the Government Code was changed indicating no difference in pay between the Council and the Mayor. David Krajcar, 11833 Mt. Vernon, asked if expense reports would be submitted. Mayor Petta replied only in cases of extended trips. Dolores Kossman, 22735 De Soto, asked if the Council would consider a compensation ordinance which would reim- burse Councilmembers for up to $150.00 per month, with anything in excess in any one month to be authorized by an appropriate vote of the entire Council. Support for the ordinance was voiced by the following citizens: Roy Nix, 12173 Country Club Lane; Glenda Jay, 22145 Tanager Street; Ed O'Neal, 22608 Minona Drive; John Matthews, 11733 Eton Drive; and Kenneth Rinderhagen,,12738 Wilmac Avenue. Councilman Grant feels that by setting a specific amount, the Council is setting a precedent. Disagrees with the word "salary." Will support reimbursement of expenses up to a maximum $150.00. Councilman Allen stated this was not meant to be a salary - rather, reimbursement of expenses which would be incurred on city business. Feels the cost of bookkeeping to reimburse expenses would cost more than the $150.00. Suggested substituting the word "reimbursement" for "salary." Councilman Tillinghast feels everything has been stated and well -covered. Councilman Erway stated the Government Code indicates it is discretionary, not obligatory, to set a fee of up to $150.00 for services rendered. Agrees that expense reports would be wasteful and expensive. Feels $150.00 is excessive. Suggested substituting the word "stipend" for "salary." Upon closing of the Public Hearing, there being no further discussion, and the date of the Ordinance being changed to read December 7, 1978, Councilman Allen moved adoption of the Ordinance to be amended by deleting the word "...salary..." and substituting the word "...stipend...". Councilman Tillinghast asked for legal opinion as to whether a new first reading of the ordinance would be required if the wording is changed. The City Attorney advised it can still be the second reading as long as the amount is not changed. Councilman Tillinghast then seconded the motion. The Ordinance was adopted by the following roll call vote: AYES: Councilmembers Tillinghast, Allen; Mayor Petta NOES: Councilmembers Erway, Grant ABSENT: None Page 2- December 7, 1978 Resolution No. Resolution No. 78-19, RESOLUTION OF THE CITY COUNCIL 78-19 OF THE CITY OF GRAND TERRACE ESTABLISHING THE CITY (Item 3.) COUNCIL AS THE CHARTER COMMITTEE FOR THE PROPOSED GRAND TERRACE CITY CHARTER. Councilman Erway stated this should be Charter Commission, rather than Charter Committee. There being no further discussion, and with waiver of the reading in full, the resolution was adopted, as amended, by motion of Councilman Tillinghast, seconded by Councilman Allen by AYE votes of all present. Authorized A Policy for the City of Grand Terrace resolving Signatures on that each Ordinance, Resolution and Contract is to Ordinances, be signed by the Mayor, City Clerk and City Attorney, Resolutions & was adopted on motion of Councilman Tillinghast, Contracts seconded by Councilman Erway, and AYE votes of all (Item 4.) present. Resolution No. Resolution No. 78-21, RESOLUTION OF THE CITY COUNCIL 78-21 OF THE CITY OF GRAND TERRACE ESTABLISHING A COMMITTEE (Item 5.) TO ASSIST THE AREA'S STATE LEGISLATORS IN HAVING THE STATE LEGISLATURE APPROVE LEGISLATION FOR GRAND TERRACE TO RECEIVE BAIL -OUT FUNDS IN IMPLEMENTATION OF SENATE BILL 1650 FOR 1979. There being no discussion, and with waiver of the reading in full, the resolution was adopted on motion of Councilman Allen, seconded by Councilman Grant, by AYE votes of all present. Civic Center A Grand Terrace Civic Center Site Selection Committee Site Selection was established for the purpose of obtaining city Committee land on motion of Councilman Allen, seconded by (Item 6.) Councilman Tillinghast, with AYE votes of all present. Councilman Erway stated that the Municipal Advisory Commission had previously had a committee which had reviewed various sites and selected a site. He requested that this information be made available. City Manager Seth Armstead will gather the data. Appointments on the Committee were deferred to a later date. Resolution No. Resolution No. 78-23, RESOLUTION OF THE CITY COUNCIL 78-23 OF THE CITY OF GRAND TERRACE DIRECTING AND AUTHORIZING (Item 7.) THE FIRE CHIEF AND CITY STAFF TO IMMEDIATELY INITIATE A SURVEY OF THE AREA BY THE STATE INSURANCE UNDERWRITERS FIRE BOARD. The survey is being conducted presently, and it will be a matter of months before the results are received. It is anticipated our status could change from a 9 rating to a 6 or 5 rating, thus de- creasing insurance rates by approximately 40%. Councilman Erway questioned if there is any cost to the city involved. Mayor Petta replied there is none. Page 3- December 7, 1978 Resolution No. There being no further discussion, and with 78-23 waiver of the reading in full, the resolution was (Item 7.) adopted on motion of Councilman Allen, seconded by (Continued) Councilman Erway, by AYE votes of all present. City Tenancy Roy Nix, 12173 Country Club Lane, requested per - Status in the mission to be heard at this time. He reported that Community the Colton Joint Unified School District Administra- Center tion has agreed that the City of Grand Terrace can conduct its business in the Community Center, since it is an administrative function, not a political one. Final approval by the School Board is expected at tonight's meeting, which Roy Nix is attending shortly. The Lions' Club is negotiating with the Fifth District PTA in regard to the possibility of changing rooms with the city. They won't have further information on this until after the first of the year. Resolution No. Resolution No. 78-24, RESOLUTION OF THE CITY COUNCIL 78-24 OF THE CITY OF GRAND TERRACE APPOINTING JOHN SHONE (Item 8.) AS ACTING CITY ENGINEER AND ACTING SUPERINTENDENT OF STREETS. Mayor Petta stated this appointment involves no cost to the city. There being no discussion, and with waiver of the reading in full, the resolution was adopted on motion of Councilman Tillinghast, seconded by Councilman Erway, by AYE votes of all present. Ordinance No. 8 Ordinance No. 8, AN URGENCY ORDINANCE OF THE CITY (Item 9.) COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING AND DESIGNATING THE CITY COUNCIL AS THE PLANNING AGENCY OF THE CITY OF GRAND TERRACE. This item was originally presented as a resolution. On motion of Councilman Allen, seconded by Councilman Tillinghast, the item was changed to an Urgency Ordinance. Upon reading of the ordinance in full, and there being no discussion, the ordinance was adopted on motion of Councilman Erway, seconded by Councilman Allen by the following roll call vote: AYES: Councilmembers Tillinghast, Erway, Allen, Grant; Mayor Petta NOES: None ABSENT: None Resolution No. Resolution No. 78-26, RESOLUTION OF THE CITY 78-26 COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING (Item 9A) A PLANNING ADVISORY COMMITTEE. The resolution was adopted on motion of Councilman Allen, seconded by Councilman Tillinghast, by AYE votes of all present. Page 4- December 7, 1978 Resolution Proposed resolution appointing the mayor to make Appointing Mayor public releases for the City of Grand Terrace. To Make Public Discussion followed reading of the proposed resolu- Releases tion in full, regarding how this would affect the (Item 10.) Council and city employees regarding voicing their opinions on issues which might arise. Mr. Floyd Rinehart, reporter for the Sun -Telegram Newspaper, also questioned the limitations in his reporting.. Action on this item was deferred until a later date on motion of Councilman Erway, seconded by Councilman Tillinghast, by AYE votes of all present. Resolution No. Resolution No. 78-25, RESOLUTION OF THE CITY COUNCIL 78-25 OF THE CITY OF GRAND TERRACE, ADOPTING A CONFLICT OF (Item 11.) INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974. There being no discussion, and with reading of the resolution in full, the resolution was adopted on motion of Councilman Tillinghast, seconded by Councilman Grant, by AYE votes of all present. Ordinance No. 7 Ordinance No. 7, AN URGENCY ORDINANCE OF THE CITY (Item 12.) COUNCIL OF THE CITY OF GRAND TERRACE AUTHORIZING THE LEVY OF A DOCUMENTARY STAMP TAX. The Government Code provides for this tax which is levied on real estate sales. The county collects the tax, retains half the amount as its charge for handling, then transfers the other half to the city in which the property is located. This tax has been in existence, and will enable Grand Terrace to receive its share. There being no further discussion, and with waiver of the reading of the ordinance in full, the ordinance was adopted on motion of Councilman Grant, seconded by Councilman Erway, by the following roll call vote: AYES: Councilmembers Tillinghast, Erway, Allen, Grant; Mayor Petta NOES: None ABSENT: None Recess Mayor Petta called a 10 minute recess at 7:20 P.M. Council reconvened at 7:30 P.M., with all members of Council and Staff present. (Item 13.) Deleted Ceta Briefing Larry Van Curra gave a briefing on the CETA Program. (Item 14.) The attached booklet, entitled "Comprehensive Employment & Training Act, CETA, (Re-enactment), consisting of eight pages, lists the information he covered. Following are some questions and Page 5- December 7, 1978 Q Ceta Briefing answers which followed the briefing: (Item 14.) (Continued) Q: Does the city or CETA provide equipment for the participants? A: CETA provides the equipment, but only within the administrative amount allowed. Q: Can you use a person for rental? A: Yes, but it doesn't go very far. Q: Would the city have any obligation to hire participants under Title II? A: Obligation is on a moral basis. There should be some policy allowing the participant to job -search. Q: Regarding CETA II and VI, my understanding was that after October 28, a participant had to be unemployed for the past 15-20 weeks and be on welfare. Is this an and/or? A: Yes, if the participant is on welfare, the other two don't matter. Q: Regarding the public services area, stating people can be used for renovation of public buildings - could they be used for new construction? A: yes, but not in areas you would normally use regular maintenance personnel. Q: Could CETA be used if no funding is provided for personnel? A: Yes, but use caution. Local contractors would like to have the contract with the city. Q:-If we have no funding available, could CETA funds be used for janitorial services? A: Yes, if your budget can't afford it. Q: Does CETA provide reim- bursement for sick leave and vacation? A: CETA pro- vides the salary -you may choose to give vacation, but again use caution. Q: Could we be faced with a conversion issue if the participant went the full employment and did not take sick leave or vacation? A: it could impact the maximum. Q: Does this prohibit supplementing current salaries -supplementing current expenditures out of the general fund as opposed to planning? A: No, does not prohibit. PERS & Social Sam Roth gave a briefing on the Public Employees' Security Retirement System and Social Security. Attached is Briefing a booklet he distributed entitled: "PERS Benefits (Item 14B) for Local Miscellaneous Members,"consisting of 31 pages. Mr. Roth stated the city could cover its employees through PERS or Social Security or both. Suggested the possibility of contracting with the county for retirement coverage. He covered areas PERS covers, such as disability retirement, survivor benefits and health benefits programs. Morgan & Franz Darlene Johnson, a representative of Morgan & Franz Insurance for Insurance Company, summarized the city's insurance city, Council, coverage. All information on the presentation and and employees. coverage is on file in the City Manager's Office. (Item 14C) Page 6- December 7, 1978 Establishment A proposed organization chart for the City of Grand of Committees Terrace was submitted to the Council for review. (Item 15A) A Planning Advisory Committee was established earlier (and 15B) in the meeting on Item 9A, by Resolution No. 78-26. Councilman Erway moved we establish a Ways & Means Committee and a Parks & Recreation Committee; that the City Manager be directed to develop tasks and responsibilities for these committees and advertise for the vacancies in accordance with the Maddy Act, after the determination has been made as to the number of members on the committees. Councilman Grant seconded. Mayor Petta stated there will be no compensation involved. The motion passed by AYE votes of all present. Councilman Tillinghast recom- mended the Ways & Means Committee and the Parks & Recreation Committee both be in the form of five - member committees, and these committees could re- ceive input from other individuals. The Council agreed with AYE votes of all present. Position of Councilman Tillinghast pointed out the position of City Clerk City Clerk on the organization chart and stated he (Item 15) felt an experienced City Clerk is needed. Councilman Tillinghast moved the creation of the position of City Clerk to be placed under the City Manager on the organization chart. That the City Manager be directed to advertise for a City Clerk at $1300.00 per month, with the ad stating that a salary survey is being conducted and the salary will be reviewed and adjusted following the salary survey. The City Manager is to conduct a salary survey and the duties and compensation should be ready for finalization by the Council Meeting of December 21, 1978. Council- man Allen seconded the motion. Motion passed on AYE votes of Councilmen Tillinghast, Allen, Grant; Mayor Petta. Councilman Erway voted NOE. City Logo Councilman Grant moved the selection of Councilman (Item 15C) Allen to establish a city logo. Councilman Erway seconded the motion. The motion carried, by AYE votes of all present. Negotiating Councilman Tillinghast moved the appointment of a Team for negotiating team to consist of Councilman Erway, City Transition Councilman Grant, City Manager Seth Armstead and (Item 15D) City Attorney Ivan Hopkins, for the purpose of transferring services and responsibilities from San Bernardino County and the Municipal Advisory Commission to the City of Grand Terrace. Councilman Grant seconded. Councilman Erway asked if the function would be to recommend various levels and ' Page 7- December 7, 1978 Negotiating determine the cost and recommend ways to accomplish Team for this. City Manager Seth Armstead stated yes, on a City Transition cost/benefit analysis. The motion carried with AYE (Item 15D) votes of all present. (Continued) Consulting City Manager Seth Armstead recommended appointment Engineer of a Consulting Engineer on a retainer basis for (Item 15E) the purposes of planning, budgeting and grants, as authorized in the PAS Study. City Manager Seth Armstead and Acting City Engineer John Shone recom- mended Joe Kicak as the Consulting Engineer, based on his qualifications and past performance. Council- man Tillinghast stated that although he respects Joe Kicak and his past performance he feels we should accept proposals from other firms before making an appointment. Mayor Petta stated this appointment is needed as quickly as possible, as this individual can help generate funds for the city. Councilman Allen moved the immediate appointment of Kicak and Associates on an interim basis, with the provision that the terms of payment be approved by the Council at the next regular meeting, December 21, 1978. Councilman Erway seconded the motion. Further discussion ensued. Mr. Kicak stated he would prefer to submit a proposal, along with other firms, prior to appointment being made. Councilman Allen then withdrew his motion and Councilman withdrew his second. City Manager Seth Armstead will request proposals from engineering firms prior to the appointment of a Consulting Engineer. Sewers, Storm City Manager Seth Armstead recommended including Drains, Streets, the sewers, storm drains, streets and the Quimby Quimby Act Act as a package program on permits on development, (Item 16A) to control growth and encourage quality development. Mayor Petta asked Mr. Armstead if he could staff this program and present it to the Council. Mr. Armstead stated a consulting engineer would be needed to work with Acting City Engineer John Shone in order to develop the program. Councilman Allen then moved the appointment of Kicak and Associates as Consulting Engineer, on an interim basis. That the fees paid this firm would be within the limits of the guidelines of the American Society of Civil Engineers, and that the matter would be reviewed by the Council within thirty days. The motion died for lack of a second. Councilman Tillinghast recommended establishing separate resolutions and ordinances for the items to eliminate confusion. City Attorney Ivan Hopkins stated this can be done. Staff will proceed with the items individually. Page 8- December 7, 1978 Statement City Attorney Ivan Hopkins distributed Statement of Economic of Economic Interest Forms to the Council and to Interest City Manager Seth Armstead. These forms are to (Item 16B) be completed and submitted to the Acting City Clerk, Seth Armstead, in order for him to forward them to the Fair Political Practices Commission in Sacramento prior to December 30, 1978, to avoid penalties. Oral Reports Councilman Tillinghast reported on the T-Tac Meeting (Item 17) at the East Valley Division which he attended as a representative for the city. Appropriation of funds was discussed. The basic formula is that 50% of the FAU Funds will go to a regional project, State Highway 30; 5% will go to transportation, specifically a particular Omnitrans Program; the remaining 45% will be divided among the eight agencies in the East Valley, on a population basis. The figure being used for Grand Terrace was 6,320. It was moved at the meeting that our population be based on the number of registered voters, multiplied by 3. This results in an additional eight or nine thousand dollars per year into the FAU Fund, so it was a profitable meeting. Smoking Councilman Tillinghast recommended a "no smoking" policy during future public meetings. Following discussion, the decision is to have a policy of no smoking on a volunteer basis. Public Mr. Geoffrey Dooley, 22432 Franklin, asked if a Participation committee could be formed to consider annexation of the La Loma Hills area'to Grand Terrace. Mayor Petta stated we could not initiate something like that; it would be the responsibility of La Loma Hills. Adjournment The regular meeting was adjourned at 9:32 P.M. After a short recess, the Council reconvened at 9:42 P.M. as the Planning Commission, with all Councilmembers and Staff present. PLANNING COMMISSION MINUTES Sign Mr. Paul Griffen, developer of the Honeyridge Ordinances subdivision, requested permission to install two signs, billboard -type, to be located within the city limits. The matter was referred to Staff for a recommendation to the Commission. Page 9- December 7, 1978 Proposed Applicant: Morgan Trucking Zone Change Engineer: L.A. Wainscott & Assoc. Proposal: (a) Zone change from C-2-T to C-1-T (b) Large Scale Housing Project Location: West side of Michigan, approximately 600 feet sout of Barton Road This item will come to the Planning Commission, at a later date. Ordinances City Manager Seth Armstead stated he had already on Gambling been approached on the possibility of a gambling and Topless establishment. Recommended the Planning Commission Establishments be thinking toward ordinances to cover these items. Britton & Harber City Attorney Ivan Hopkins briefed the Commission. Development He spoke with County Counsel, and they stated this Tentative company previously had developed a portion of land Tract 10586 commercially and had posted bond to install flood control improvements. This has never been done. The county is instituting a lawsuit on this matter. This company has now requested to develop the remainder of the property as commercial and has indicated he will put the flood control improvements in as a part of that project. The county is reluc- tant to grant approval. Mayor Petta asked if a recommendation was required from the Planning Commission. Mr. Hopkins and John Shone recommended letting the county pursue the matter. Adjournment The Planning Commission Meeting adjourned at 10:15 P.M. r Page 10- December 7, 1978 Respectfully submitted, 4C-t - ity Clerk APPROVED: 62 Mayor