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11/08/2011CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING — NOVEMBER 8, 2011 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on November 8, 2011 at 6:00 p.m. A workshop preceded the meeting at 5:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Tracey Martinez, City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director Richard L. Adams II, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriffs Department Lt. Steve Dorsey, San Bernardino County Sheriffs Department Rick McClintock, San Bernardino County Fire Department ABSENT: None Mayor Stanckiewitz opened the City Council Workshop at 5:00 p.m. Councilmember Hays arrived late, Finance Director Simon, Rick McClintock from San Bernardino County Fire Department and Sgt. Ed Finneran and Lt. Steve Dorsey from the San Bernardino County Sheriffs Department were absent. Review of Rental Property Program Guidelines Joyce Powers, Community and Economic Development Director, gave an overview of the Rental Property Program and went over some changes they would like to propose. Barrie Owens, Senior Code Enforcement Officer, gave a presentation on how the program started in the City and the progress of the program since it began. Karen Fricke, Apartment Association of the Greater Inland Empire, stated that she participated in the process of implementing the rental inspection program and was surprised that she wasn't asked to participate in the updating process. She expressed concern with the proposed notification process and feels that the owners of the property would like to be present for their inspections. She also stated that she is opposed to any Council Minutes 11 /08/2011 Page 2 fee based ordinance but if the City is going to have one and implement changes she would like to be included in the discussions. Tom Lanza, Azure Terrace Apartments, encouraged the Council to terminate the current program and establish a group that can sit down and create a program that works. He feels that the program is expensive. Kathy Tardibuono, Manager of Azure Terrace Apartments, expressed that they don't agree with the program. She supports having standards within the community, however, she feels that there are other ways to do this without having this program in place. She stated that there is supposed to be educational training on the program yet they have not been invited to attend any type of training. She would like to participate in any discussions that may be held in revamping the program. Philip Tardibuono, Manger of Azure Terrace Apartments, feels that the program is set-up so that the properties can't pass the inspection. He would like to be told when the inspections will be held on his property so that he can be present during the inspection. He feels that the program is expensive and it needs to end. Mayor Stanckiewitz read the following letter to be included as part of the record that was sent to the Council* I own two properties in Cape Terrace #11 and #26. 1 have received notice that they will be inspected because of renters in both properties. #11 is no longer a rental. #26 is still rented. Also it is an injustice that anyone is charged an inspection for these properties because H.O.A. is responsible for the property maintenance outside. We pay $270 dues and code enforcement would not call the owner if they see a problem. They only call H.O.A. We are being over charged twice for no reason. Nancy Greeley Councilmember Gene Hays, stated that the program should be terminated. He feels that staff should start from scratch and work with the residents to come up with a program that implements the concerns that have been discussed today at the workshop. He feels that it is the job of the Code Enforcer to ensure that the properties are kept up to code and that the City may not need a program of this type. 11 Council Minutes 11 /08/2011 Page 3 Councilmember Darcy McNaboe, stated that Council has heard from the apartment owners who have a different take on their rental properties and feels that there should be something that can be done that would be fair to everyone. She feels that the H.O.A.'s should not be charged double fees. She does have concern with single family residences that are rental properties and ensuring that they are kept up to code. She feels that there needs to be a change with the relationship with the business owners. Councilmember Bernardo Sandoval, feels that the program needs to be changed. The goal of the program needs to be identified. He feels that the concerns brought up are valid and suggested that a tier system may be an option so that it is fair for everyone. He appreciates all those who attended the workshop. He feels that there is a common purpose and it is Staff s intention to improve the program. He would like staff to work with the individuals that are in attendance to come up with a program that works for everyone. Mayor Pro Tern Lee Ann Garcia, stated that staff sees that there needs to be changes made with the program and suggested that staff meetwith the individuals that have spoken regarding this issue and to work through the details for everyone to agree on. She feels that Senior Code Enforcement Officer Barrie Owens is very fair and their concerns should be able to be resolved. Mayor Wait Stanckiewitz, questioned if staff has had any issues with the condominium properties. Community and Economic Development Director Powers, responded that there are no issues with the condominium properties and staff is recommending that those properties be eliminated from the program. The prior inspector is no longer with the City and the current Senior Code Enforcement Officer will be working with the property owners to educate them. It is staffs goal to make the program fair. She feels that their concerns are legitimate. She indicated that there is an appeal process within the program and that if the property owners have concern with prior inspections that were done, staff will can go back and review them to ensure that they were handled properly. Mayor Stanckiewitz, feels that the basics of the program are good but some of the guidelines need to be refined. He would like those that expressed their concerns at the workshop to be able to participate in the process of updating the program, if that is their desire. The Council directed staff to work with the group that have expressed concerns with the Rental Inspection Program to see if they can resolve the issues and determine later if an additional Workshop will need to be held. Mayor Stanckiewitz closed the workshop at 6:00 p.m. Council Minutes 11 /08/2011 Page 4 Mayor Stanckiewitz convened the City Council Meeting at 6:10 p.m. The City Council meeting was opened with an Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Bernardo Sandoval. SPECIAL PRESENTATIONS - None CONSENT CALENDAR CC-2011-100 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of Item 3D. Treasurer's Report— September 30,2011: 3A. Approve Check Register No. 10-25-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-25-2011 Minutes ITEM REMOVED FROM CONSENT CALENDAR 3D. Treasurer's Report -September 30, 2011 Council did not take action on this item. It will be brought back to the Council at a later date. PUBLIC COMMENT - None COUNCIL REPORTS Councilmember Bernardo Sandoval, commended the Sheriffs Department and Staff on all of the work that has been done with the raves. He thanked Low Brow Ink and Bowen Hayes for all of their efforts for Breast Cancer Awareness. He heard many great stories on cancer survivors at their events. He would like them to be recognized for their efforts. He reported that the Halloween event was a great event and he had a lot of fun. He feels that it is a reminder of what a great community he lives in. He feels that there is a great sense of community and a strong interest for the City to excel during these very difficult economic times. Councilmember Gene Hays, stated that the Country Fair was a great event. Hemet a lot of people and had good conversations. There were a lot of vendors and would like to see the event prosper. 0 Council Minutes 11 /08/2011 Page 5 Councilmember Darcy McNaboe, felt that the Halloween Harvest as well as the County Fair were great events. These two events show what kind of people that we have in our volunteers, they get together and make memorable events that are fun for everyone. She is excited to know that the City has strong Committees that will continue to do these traditions and is looking forward to next years events. An informal dedication for the Veteran's Memorial will be held on Friday, November 11, 2011 at 10:00 a.m. at Pico Park. She thanked staff for the trimming of bushes along Barton Road and stated that it looks very nice. She questioned the parking issue at the end of Minona and feels that it is a very hazardous situation. She wished everyone a Happy Thanksgiving. Mayor Pro Tern Lee Ann Garcia, stated that the Halloween Festival was a great event as well as the Country Fair. She thanked staff for the outreach that they are doing with the residents on the new park. She thanked Building and Safety/Public Works Director Shields for taking care of the restroom situation at Rollins Park. There seems to be an ongoing issue at the Richard Rollins Park restrooms and encouraged residents to let staff know when there is a problem in the community. City Manager Betsy Adams, stated that the restroom issue is an ongoing problem that she and Building and Safety/Public Works Director Shields have been discussing. If the problem continues they may have to bring something back to the Council for action. Mayor Pro Tern _Garcia, reported that the head coach for football program at the new high school was announced and congratulated Coach Strauss. She wished everyone a Happy Thanksgiving. Mayor Walt Stanckiewitz, reported that AB1236 was approved and it prohibits City's from requiring those who do business with them to use the federal electronic employment verification system (e-verify) to ensure employment eligibility, which gives illegal immigrants the same rights to find jobs as lawful citizens. He thanked the Sheriffs Department for catching individuals who were stealing copper wire in Loma Linda. He reported that he attended the ground breaking for Colton Crossings, which is a project that has been a long time coming. The project will separate the tracks that cross in Colton. One of the tracks will be elevated so there won't be any traffic issues and it will also allow them to make that portion of Colton a quiet zone. Grand Terrace as a community will also benefit from this project. The project will generate 2,000 jobs. He stated that 90% of the freight that goes through California goes through that crossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City Council Minutes 11 /08/2011 Page 6 Manager. City Manager Adams, indicated that the City will recognize the individuals from Low Brow Ink and members of the Grand Terrace Woman's Club that participated in the Breast Cancer Awareness events as well as those individuals that volunteered for the Halloween Festival and Country Fair at a City Council meeting in January 2012. PUBLIC HEARINGS - None UNFINISHED BUSINESS - 7A. Noise Complaints Due to Escape from Wonderland Event at the National Orange Show City Manager Betsy Adams, stated that despite multiple conversations, meetings and site visits with the National Orange Show, impacts from Insomniac's Escape from Wonderland event on October 29 were not mitigated. The Sheriffs Department received 58 noise complaints from Grand Terrace and Loma Linda residents for this one -day event versus 75 complaints during the two-day event in September. As a result of these noise complaints the Sheriffs Department cited the National Orange Show General Manager for disturbing the peace (California State Penal Code 4154). While at the Escape from Wonderland Event, the Sheriffs Department learned that Insomniac plans to have another event at the National Orange Show on March 17, 2012, Saint Patrick's Day. Prior to this event, the Council may want to have staff research legal options available to the City to require the National Orange Show to mitigate noise impacts to Grand Terrace from its events and legal options available to residents to require the National Orange Show to mitigate noise impacts from its events_ To ensure that the City was prepared if noise mitigation efforts were not successful, staff worked with the Sheriff s Department to have additional law enforcement resources on patrol in Grand Terrace and at the National Orange Show the night of October 29. The cost for this additional law enforcement was $2,952.98. Staff is recommending that the City file a claim with the National Orange Show to seek reimbursement for this expense. Lt. Steve Dorsey, San Bernardino County Sheriffs Department gave an overview of the night of the event from his perspective and stated that the City and the Sheriffs Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriffs Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. 'I� Council Minutes 11 /08/2011 Page 7 Councilmember Hays, recommended that the City file an injunction. Councilmember Sandoval, indicated that he would like to know the cost of filing an injunction and what the process would be. He thanked the Sheriff's Department. Mayor Pro Tern Garcia, confirmed that Sgt. Finneran and Lt. Dorsey were both in attendance and questioned how the extra law enforcement will be paid for. Lt. Dorsey, confirmed that he and Sgt. Finneran were both on site at the National Orange Show and in Grand Terrace throughout the evening. City Manager Adams, stated that the against the National Orange Show enforcement. City will be looking into filing a claim o cover the costs of the extra law Mayor Stanckiewitz, indicated that there are several people on board that want to fix this issue. He thanked the Sheriffs Department for all of their efforts and commended them for doing a great job. City Attorney Richard Adams, stated that he will review the issue and look at several different options and will come back to the Council with recommendations. CC-2011-101 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to direct the City Attorney to do the research, investigation and a cost analysis on the appropriateness of filing an injunction and joining this company from continuing with a public nuisance in March. NEW BUSINESS 8A. Appropriation of Waste Water Disposal Fund for Temporary Professional Staff — Sewer Billing Conversion Bill McKeever, President of the Board of Directors for Riverside Highland Water Company, clarified the water company's position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. Council Minutes 11 /08/2011 Page 8 The Council did not take action on the Appropriation of Waste Water Disposal Fund for temporary Professional Staff — Sewer Billing Conversion It was the consensus of the Council to have Riverside Highland Water Company continue to provide Commercial Sewer Billing for the City and requested that they provide an agreement for approval. It was also the consensus of the Council to have Riverside Highland Water Company give an update/presentation to the Council at a future meeting. Mayor Stanckiewitz recessed the City Council Meeting at 7:35 p.m. The City Council Meeting was reconvened at 7:40 p.m. CLOSED SESSION 9A. Labor Negotiations per Government Code 54957.6 City Labor -Negotiator — Betsy M. Adams Negotiated With — All Unrepresented Employees The City Council recessed into Closed Session at 7:40 p.m. The City Council Meeting was reconvened at 8:07 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Labor Negotiations per Government Code 54957.6. Direction was given to the City Manager as the negotiator to proceed. No final action was taken by the Council. Mayor Stanckiewitz adjourned the meeting at 8:07 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, December 13, 2011 at 7:30 p.m. CITY CLERK of We City of Gr �dT—errace MAYO a City of Grand Terrace