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05/25/2006 E c=OP,y GRAND TERR CE ay 259,Z006; 22795'Barton Road - ,! Grand,Terrace California 92313-5295 (909),824=6621' , Fax,(909)783-7629• �; Fax(909)783-2600' - r , , Maryetta Fcrrc,. CI'TY:OF GRAND TE :RACE 1 - Mayor - _ _ +, _. •,, 'Mayor Pro Tcin CRA/CITY"C_O UNC:IL`:. ; Herman Hilkey ., . Lee Ann Garcia REGULAR MEETINGS Jim;Miller Council Mcmbers T'H ''' •' ND" 1. '', Ihomas.J.Schwab 2- -AND' 4 Thursday -;6.:00 p.m: `City Manngcr' w ;. Council ChAnt'h`ers; r " ;Gr.,and Terrace Civic rCenter = 22795• Barton Road CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS MAY 25, 2006 GRAND TERRACE CIVIC CENTER 6:00 PM 22795 Barton Road TIIE CITY'OF,GRAND.TERRACECOMPLIES WITH.THE AMERICANS WITH DISABILITIES ACT OF:199.0,IF-YW . , REQUIRE SPECIAL A$SISTAlYCE_TU'PARTICIPATE;IN�THIS VEETING .PLEASE CALL THE'CITY ChERK'S" " OFFICE "AT(909)<914-6621-AT LEAS TA48 HOURS`PRIOiTO THE NiEETIN-G. IF.YO.U,DESIREeTO ADDRESS THECITY�C.OUNCILDURING THE MEETING;FLEA°SE COMPLETE A REQUEST .. .._: , LTO,SPEAK FORM AVAILABLE AT THE.ENTRANCE:AND PRESENT IT TO THE CITY CLERK:,SPEAKERS WILL BE`GALLED"UPON:BY TAKMAYOR AT THE APk0klATETIME: * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL -- AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 05-11-2006 Minutes Approve 2. Adopt the FY 2006-2007 CRA Budget Resolution Adopt ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Water Awareness Poster Contest Winners - Grand Terrace Elementary School 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated May 25,2006 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 05-11-2006 Minutes I Approve COUNCIL AGENDA 05-25-2006 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION D. Redlining 80 Feet of Berm Curbing in Front of 22182 and Approve 22172 Barton Road E. Adopt FY 2006-2007 City of Grand Terrace Budget Adopt Resolution F. First Amendment to the Employment Agreement Between the Authorize City of Grand Terrace and the City Manager 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council is prohibited from discussing or acting on any item not on the agenda. The Mayor may request a brief response from staff to questions raised during public comment. 5. REPORTS A. Committee Reports-None B. Council Reports 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City Council of the Approve City of Grand Terrace,California,Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks 8. NEW BUSINESS A. Resolution Adopting City Council Procedures Consider 9. CLOSED SESSION-None ADJOURN HE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON HURSDAY,JUNE 8,2006 AT 6:00 P.M. .................... . ............................•......---............ GENDA ITEM REQUESTS FOR THE 06-08-2006 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 06-01-2006. i i CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-MAY 11,2006 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace,was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on May 11, 2006-at 4:00 p.m. PRESENT: Maryetta Ferre, Chairman .Bea Cortes, Vice-Chairman Herman Hilkey,Agency Member Lee Ann Garcia,Agency Member Jim Miller, Agency Member Tom Schwab, City Manager Steve Berry,Assistant City Manager Brenda Mesa, City Clerk Larry Ronnow, Finance Director Gary Koontz, Community Development Director Richard Shields,Building& Safety Director Lt: Hector Guerra, Sheriffs Department John Harper, City Attorney ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT.4:00 P.M. REVIEW THE PROPOSED FY 2006-2007 CRAUTY COUNCIL BUDGET Finance Director Larry Ronnow, gave a presentation on the proposed FY 2006-2007 CRA/City Council Budget. Councilmember Hilkey, stated that last year our expenditures for both CRA and the City exceeded our income predominately because we were spending the 20% set-aside for the Senior Housing. This year it looks like there is $343,000.00 decrease in the fund balance. He questioned if something happens with the Towne Center project and we don't sell the $1.7 6 million that$343,000.00 will go,up to approximately$2 million. He questioned if there were any flags that were going up about spending more than were bringing in two years in a row that we might need to address. Cily Manager Schwab,responded that on some of the Capital projects we are using one time fees from development fees'to fund them as well. We are not using it for ongoing operating expenses. FCRA AGENDA ITEM NO. i Community Redevelopment Agency Minutes May 11,2006 ' Page 2 l Mayor Pro Tem Cortes, thanked staff for doing a great job on the budget. She questioned how the Deputy that was funded by the COPS grant is going to be funded this year. Finance Director Ronnow, responded that starting with this year's budget we need to use approximately$110,000.00.from the General Fund to make up the difference,however this year it doesn't have a big impact. Councilmember Hilkev,questioned where there are funds that support the library other than the CDBG Funds. City Manager Schwab, responded that the City does not provide any direct support to the library. The Block Grant funds their literacyprogram. We provide the buildingat no charge, however, they provide for the utilities and the janitorial services. Councilmember Hilkev,questioned if there is an entry in the budget that show utilities paid for by the library. City Manager Schwab,responded that is not shown in the budget but staff could provide a spreadsheet how much is incurred in expenses and how much money is distributed back to the City. Assistant City Manager Berry, stated that they pay $1,295.00 per month to cover their expenses. Councilmember Hilkev, questioned if that was calculated. Assistant City Manager, responded that he did a calculation and that it was accurate. i Councilmember Hilkev, questioned who pays for the custodial service. Assistant CiIy Managerrry,responded that the library pays for their own service. Councilmember Hilkev,questioned ifthere was a wayto shape the Law Enforcement Service package to suit the needs now versus the needs of 20 years ago. He stated that.he spoke to City Manager Schwab earlier about cycling the traffic officers. He is getting the feeling that we don't have the faith in the Department like we use to. i City Manager Schwab, stated that his suggestion would be to set up a workshop to show the Council what the deployment looks like today and what the theory is for coverage. He stated that he was planning on adding a Deputy next year,however,if the Council would like to add a 40 hr car this year it is an option that can be added to the budget. I _ Community Redevelopment Agency Minutes • May 11,2006 Page 3 It was the consensus of the Council for staff to agendize to bring.an item to Council to explain the deployment and to receive Council input on how it-might be changed. Councilmember Hilkey,stated that most people consider police protection number.one. He feels that if the Department isn't responding in the published response time the City needs to do something about it. He would like to see something showing a regular list of response times so that Council and staff can answer questions. City Manager Schwab, stated that the published response time are priority;one calls: If the Pall is.not a priority one call it would take longer. He stated that our Law Enforcement is thin and that he will have the Sheriff's Department come and show the Council the deployment and let the Council decide what they feel is an acceptable level. He stated that he will try to bring this to Council in June. Councilmember Garcia, stated that at the Council Priority Session they discussed performance and criteria. She stated that she doesn't know if the Department would be open to it but if there was a performance criteria established where they would make a commitment that with this amount of dollars this is what you get and if you don't perform there is a decrease in the amount that they get paid. She will be looking closely at the Sheriff's Service Specialist position. She stated that there is a new Fire Chief in the County of San Bernardino and suggested that we do the same with the Fire Department. She stated that the Library is a strong priority for the City. She stated that she wants to fight for a library in the Towne Center Project. She stated that she feels that.there should be some money in the budget for a library. Cily Manager Schwab,stated that in any circumstance in order to fund a library there is going to have to be money. Staff was depending on the income from the center,to help pay for debt service or rent depending on what is worked out. This was predicated on having a large enough revenue cash flow off of the project to pay either- the rent or the debt service. Without that the money is not immediately there to do that. If the Council says this is what our priority is and they want to spend enough money to build. a brand new building somewhere in the community they could do that,however,he feels that we have to balance the desires for anew library against the desires that he just heard for more police. Councilmember Garcia, she stated that she would like another budget workshop if the decision would be between a new library and law enforcement. She stated that she would be willing to trim the budget to fund a library. She questioned when the Council can discuss the priority of a new library. Mayor Ferr6, stated that the Council has already determined that a new library is a priority. • The library is an issue and Council thought that the City was going to get a library with.the Towne Center and now there is a question. She would like to see how things play out before I i Community Redevelopment Agency Minutes May 11,2006 Page 4 -- she makes a decision to change her priority from-safety to the library. Councilmember Miller, agrees that a library is important and also agrees that the Council needs to wait and see how this plays out and then possibly look at the priorities once again. Mavor Pro Tern Cortes,also agrees that the library is important but so is safety and feels that - - we should wait until we can get more information on the Sheriff's deployment. Councilmember Garcia, questioned if after there is a workshop on the law enforcement the Council is.open to having a workshop to discuss the Towne Center Project/Library. MgXLo_r Ferre;stated that we are in limbo right now and she would like to see it played out. If there is a chance that there is going to be a library then we are where we want to be if there isn't.going to be a library then we need to do something about it. i Councilmember Garcia, questioned where we are with the Towne Square Project. i - Councilmember Miller, feels that we don't know where we are with the Towne Square Project and feels that we are still in negotiations-. Mavor Ferre, concurred. Councilmember Garcia,stated that when she is asked questions about where the City is with the Towne Square Project she will tell them that on'May 11, 2006 the Council stated that they are not going to do anything related to the Towne Square Project for 30-to 60 days. I _ - I Ci 'Manager Schwab,stated that the Developer had stated that he would be back in 90 days and that was approximately 30 days ago. Right now the Developer's reality is that he has 18 acres and he has one parcel that he can't acquire. He is moving forward with the 18 acre parcel commonly known as Plan B. The Redevelopment Agency is in discussions to potentially acquire that parcel. He indicated that he should know in a month whether there is any ability to acquire that parcel on the owners terms. Plan B does not include a Library but that is not to say that when that comes back Council can't look at that option. 1 Councilmember Garcia,stated that if Mr.Jacobsen is doing Plan B that it includes a library. � g Ci y Manager Schwab,responded that Plan A and Plan B both have a parcel earmarked for the library. Councilmember Garcia, stated that the library is very important to her and plans on doing everything she can do to make it happen. I I I I Community Redevelopment Agency Minutes. May 11,2006 --f Page 5 City Manager Schwab, indicated that the adoption of this budget doesn't close the door on anything. We are just funding our operations at the current level with the exceptions ofthe items that have been described. We need to see what is going to happen with the Towne Center. Councilmember Garcia, clarified the budget amount and how-it works. She stated that the - problem with.building the library is that it doesn't create income. Ci . Manager Schwab,responded in the negative. He stated that very little of what we build. creates income. We were depending on the Towne Center Project generating enough income to pay the debt service on the library and still have some left over for other things. If it is going to be Plan B then we need to evaluate what kind of income that will generate. The Center will generate income. d _ Councilmember Garcia, stated that when we do a development there should be a fiscal impact that includes the amount of increased dollars that will be spent for law enforcement, etc. She stated that we have been criticized about not being accurate when it.comes to law enforcement on the large upcoming developments.and feels that the Sheriff s Department should address that. She requested that staff work on the fiscal analysis of the impact of projects coming into town. City.Manager Schwab, stated that staff will look into it. Councilmember Miller,questioned if there was any consideration of having a joint use of a library with the new proposed school. Currently Rialto and Fontana have one. Cfty Manager Schwab,responded that staff did.look into that and some of the locations that have joint use libraries. They found that it is difficult to have a high school combination library if it's the only library that they have in the community because it is only open when the school is closed. It just didn't seem like a good idea. Councilmember Miller, stated that there were some funds that came in for a bike lane and he believes that they were approximately$56,000.00. Building& Safety Director Shields,responded that it was $50,000.00. Councilmember Miller,stated that it is now going to cost the City$74,000.00 and questioned if that was correct: Building & Safety Director Shields,responded in the affirmative. �.�,� Councilmember Miller, questioned when we are scheduling to do the bike lane. Community Redevelopment Agency Minutes• May 11,2006 Page 6 I - Building_&Safety Director Shields,responded that he received a phone call-from Caltrans• yesterday giving us a one year extension. He stated that a few months back,he brought-a Resolution to the Council to extend the bike lane fora year.- It has taken this Gong for Caltrans to respond to him. During the time that it took Caltrans to respond to him staff was able to get a Class.3•bike lane instead of a Class 2. Because of the time that has lapse the cost,has gone up. Councilmember Miller, questioned the difference between a Class 3 bike lane and a Class 2. Building&Safety Director Shields,responded that with a Class 2 bike lane you will not have parked cars on the roadway with a Class 3.you are allowed to have a parked.car. It is his understanding that in the area of Food Connection the property owners didn't want to lose f the street parking. Councilmember Miller, questioned where the bike lane will run. I Building&Safety Director Shields,responded that it will go all the way to Michigan and all of the improvements will be done as well as the re-striping down the opposite side of the F street. i I Councilmember Miller,confirmed that the bike lane will be down both sides ofBarton Road. He questioned where the extra money that will be needed will come from whenme actually do the project, because the price will probably go up again. Building&SafetvDirector Shields,responded that when he prepared his budget he increased the numbers to cover the expected increase. Councilmember Miller, questioned if we will wait for the Towne Center to be.built before f we do the bike lane. i Buildings&Safety Director Shields, responded that he plans on doing it right away: i ` Chairman Ferr6 temporarily adjourned the CRA/City Council Meeting at 5:30 p.m. CONVENE COMMUNITY REDEVELOPMENT AGENCY 6:00 PM APPROVAL OF 04-27-2006 MINUTES I • CRA-2006-12 MOTION BY VICE-CHAIRMAN CORTES, SECOND BY AGENCY MEMBER GARCIA,CARRIED 5-0,to approve the April 27,2006 CommunityRedevelopment Agency Minutes. i i Community Redevelopment Agency Minutes / May 11,2006 Page 7 DEVELOPMENT IMPACT FEES - SENIOR HOUSING PROJECT CR_A-2006-13 MOTION.BY AGENCY MEMBER GARCIA, SECOND BY VICE-CHAIRMAN CORTES, CARRIED 5-0, to approve a Resolution Authorizing an Increase in Appropriation of$448,381 for payment of additional Capital Improvement Fees for the Blue Mountain Villa's Project. CLOSED SESSION-REAL PROPERTY NEGOTIATIONS (GC 54956.8) l. Real Estate Negotiations A. Property Address:22115 Barton Road APN#1167-231-11 andA.PN# 1167-141-08 B. Negotiating Parties: 1) Tom Schwab on behalf of the Agency 2)Ali Yasin C. Areas of Negotiation: Real Property Purchase (Price and Terms) Bill Hays,22114 De Berry Street,,stated that when items are placed on the agenda if he wants to speak on something on the agenda and he takes it out of order he-is told that he can not do ,- it. He stated that the-Council moves the Closed Session to the end of the meetings when everyone leaves. He feels that if items are on the agenda a certain way it should be taken that way. He stated that there,is no such thing as no reportable action taken. He feels that the community should know what the negotiations.were and what the terms were and if they ' were accepted or not. Chairman Ferr6 announced that the Agency met in Closed Session to,discuss Real Estate Negotiations at 22115 Barton Road APN# 1161-231-11 and APN# 1167-1.41-08 the Negotiating Parties were Tom Schwab on behalf of the Agency and Ali Yasin and the Areas of Negotiation were Real Property Purchase(Price and Terms) and there was no reportable action taken. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at,9:48 p.m.,until the next CRA/City Council Meeting scheduled to be held on Thursday, May 25, 2006, at 6:00 p.m.' SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment ;' ` Agency of the City of Grand Terrace COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE 7 A ZV FP'-',R- --,_4ST .C . AF ,;-- E CRA ITEM (X ) COUNCIL.1-TEM,( MEETING DATE: MAY 25, 2006 AGENDA ITEM -SUBJECT: ' 2006-2007 CRA BUDGET RESOLUTION .- FUNDING REQUIRED XX NO FUNDING REQUIRED On May 11, 2006, the Agency Bo ard conducted a review-of the Preliminary Community Redevelopment Agency (CRA)-Budget for the fiscal year beginning July 1,2006 through June 30, 2007 and approved the proposed fund budgets: CRA REVENUE: Capital Projects Fund Revenue $ 1 160.,173 Debt Service Fund Revenue 4,734,827 Debt Service Operating Transfer.In 613,578 Low &Mod Housing Fund Rev 3,026,342 Total CRA Revenue $ 8,534,920 CRA APPROPRIATIONS: CRA Projects/Operations Fund $ 523,094 Debt Service Fund 4,107,304 Low &Mod Housing Fund 5,777,030 Low &Mod Housing Transfer Out 913,577 Total CRA Appropriations $ 11,321.005 STAFF RECOMMENDS THAT THE AGENCY BOARD: Adopt a resolution for the 2006-2007 Fiscal Year Budget of the Community Redevelopment Agency of the City of Grand Terrace, approving total appropriations of $11,321,005, to be funded by estimated revenues of $8,534,920 and available fund balance of $2,786,085. CRA AGENDA ITEM NO. 2. I RESOLUTION NO. CRA 2006- . A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY - OF GRAND TERRACE, CALIFORNIA, ADOPTING A BUDGET .OF ESTIMATED REVENUES AND APPROPRIATIONS FOR FISCAL YEAR 2006-2007 r • I WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace is ~' required to adopt a budget for the subsequent fiscal year for estimated revenues and appropriations; and WHEREAS,the members of said Community Redevelopment Agency and staff members have thoroughly reviewed and analyzed the proposed budget in order to determine the needs of the City of Grand Terrace; and i WHEREAS,the planning and administrative expenditures in the housing fund are necessary, for the production, improvement, or preservation of low and moderate income housing; I NOW,THEREFORE,THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE,that a budget for Fiscal Year 2006- 2007,a copy of which is on file in the City Clerk's office,is hereby adopted with estimated revenues of$8,534,920,total appropriations of$11,321,005,and use of available fund balance of$2,786,085. I ADOPTED this 25'h day of May, 2006 i ATTEST: f I Secretary of the Grand Terrace Community Chairman of the Grand Terrace Community Redevelopment Agency Redevelopment Agency i I i I { I Check Register- Dated May 25, 2006 vchlist Voucher List Page: 1 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57518 5/9/2006 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 042106 Contribution for PR end 4/21/06 10-022-62-00 12,127.89 Total : 12,127.89 57519 5/9/2006 007402 (NEOPOST POSTAGE-ON CALL),,U.S. P005092006 Postage for Acct#44041634' 10-190-211-000-000' 600.00 Total : 600.00 57520 5/10/2006 005702 PUBLIC EMPLOYEES' RETIREMENT PR end 050520( Contributions for PR end 5/5/06 10-022-62-00 12,102.41 Total: 12,102.41 57521 5/10/2006 001907 COSTCO#478 050206 C. CARE SUPPLIES 10-440-228-000-000 62.42 10-440-220-000-000 120.60 Total : 183.02 57522 5/10/2006 006524 S.B. COUNTY AUDITOR/CONTROLLER 030106 ERAF Deposit for 2005 33-300-701-000-000, 347,357.55 Total : 347,357.55 57523 5/10/2006 010546 MPOWER COMMUNICATIONS 050106 April Phone svc-Child Care/Sen. Ctr 10-440-235-000-000 323.73 10-805-235-000-000 30.39 10-450-2351-000-000 30.32 Total : 384.44 57524 5/10/2006 010546 MPOWER COMMUNICATIONS 050106A April phone.svc-City Hall 10-190-235-000-000 1,370.15 10-808-235-000.000 74.63 Total : 1,444.78 57525 5/10/2006 006720, SO.CA.EDISON COMPANY 050306 April Elec. Svc-Citywide street lighting. ' Page: 1 vchlist Voucher List Page: 2 ---05117/20V6-3:45:59PM - CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice, Description/Account Amount 57525 5/10/2006 006720 SO.CA.EDISON COMPANY (Continued) 10-805-238-000-000 607.92 16-510-238-0007000 3,933.67 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 15-500-601-000-000 19.45 Total : 4,710.44 57526 5/11/2006 010147• CORTES,•BEA 051006 Legislative Conf. B. Cortes 5/17-18/06 10-110-270-000-000 100.00 Total : 100.00 57527 5/11/2006 010631 BONELLO'S NEW YORK PIZZA 051006 2006 Budget wkshop food 5/11/06 10-190-210-000-000 71.06 Total : 71.06 57528 5/11/2006 010164 GREAT-WEST 051106 April Employee Deferred Comp Contrib. 10-022-63-00 8,149.63 10-022-64-00 2,890.16 Total : 11,039.79 57529 5/11/2006 010589 OCB REPROGRAPHICS 4161304 Copy Svc.-Planning.Dept. 32-600-205-000-000 172.51 Total : 172.51 57530 5/15/2006 005584 PETTY CASH 05052006 Replenish petty cash Page: 2 Voucher List Page: 3 vch list �- 9 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57530 5/15/2006 005584 PETTY CASH (Continued) 10-120-210-000-000 6.43 10-120-268-000-000 1851 10-180-218-000-000 3.22 10-180-246-000-000 16.16 10-180-2727000-000 12.77 10-190-210-000-000 4.52 10-190-211-000-000 29.35 10-190-220-000-000 38.41 10-370-220-000-000 70.00 10-440-270-000-060 9.00 10-808-246-000-000 92.25 34-400-210-000-000 7.99 47-100-250-001-000 25.00 •10-400-03 8.00 10-110-210-000-000 23.96 10-110-220-000-000 17.95 10-110-270-000-000 6.00 Total : 389.52 57531 5/16/2006 010633 SMITH, ROSE 051506 Mileage/gym key reimbursement 10-370-270-000-000 34.27 23-301-76-00 10.00 Total : 44.27 57532 5/16/2006 006730 SO.CA.GAS COMPANY 050106 April Utility Svc. 10-190-238-000-000 20662 10-440-238-000-000. 41.59 10-805-238-000-000 25.83 Total : 274.04 57533 5/16/2006 001907 COSTCO#478 47815003738 C. CARE SUPPLIES 10-440-220-000-000 52.44 10-440-228-000-000 86.58 Total : 139.02 57534 5/17/2006 006448 SAN BERNARDINO COUNTY 051506 Backflow testing exam-M Cruz Page: 3 vchlist Voucher List _Page:. 4 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57534 5/17/2006 006448 SAN BERNARDINO COUNTY (Continued) 10-180-268-000-000 90.00 Total : 90.00 57535 5/25/2006 010293 AVAYA, INC. 2723500334 MAINTENANCE FOR PHONE SYSTEM &VOICE M. 10-180-246-000-000 183.46 Total : 183.46 57536 5/25/2006 010538 BRAUNSTEIN, ELLEN 1 Blue Mtn. Outlook Article Postings 10-180-255-000-000 300.00 Total : 300.00 57537 5/25/2006 010218 CHEVRON &TEXACO CARD SERVICES 7898191957605 April Svc. Vehicle Fuel Charges 10-180-272-000-000 926.53 Total : 926.53 57538 5/25/2006 010637 CODA, TIM 051506 Refund for tree trimming service 10-450-245-000-000 95.00 Total : 95.00 57539 5/25/2006 001867 COMMERCIAL LANDSCAPE SUPPLY 142582 LANDSCAPE SUPPLIES 10-450-245-000-000 77.76 142973 LANDSCAPE SUPPLIES 10-450-245-000-000 333.61 5912 Master Pro Bump Head 10-450-245-000-000 -98.67 Total : 312.70 57540 5/25/2006 010635 COMMUNICATIONS, MANN 050106 Mailing database for GT Days 23-200-12-00 325.00 Total : 325.00 57541 5/25/2006 010147 CORTES, BEA 050106 May Council Stipends_ 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57542 5/25/2006 001930 DAILY JOURNAL CORPORATION B960000 LEGAL ADVERTISING Page: 4. F r f vchlist (()6 ._ ! cher List Page: 5 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57542 5/25/2006 001930 DAILY JOURNAL CORPORATION (Continued) 10-125-230-000-000 125.56 B963615 LEGAL PUBLICATION NOTICES 10-370-230-000-000 104.06 Total : 229.62 57543 5/25/2006 001937 DANKA OFFICE IMAGING COMPANY 704761320 COPIER CHARGES 10-172-246-000-000 2375 10-175-246-000-000 29.69 34-400-246-000-000 65.33 Total : 118.77 57544 5/25/2006 003210 DEPT 32-2500233683 0610000012628 SUPPLIES 10-440-245-000-000 51.49 0610000013573 SUPPLIES 10-180-218-000-000 19.17 0610000031875 SUPPLIES 10-180-246-000-000 24.21 0610000033111- SUPPLIES 10-450-246-000-000 10769 0610000588718 SUPPLIES 10-440-245-000-000 43.56 10-450-245-000-000 82.02 Total : 328.14 57545 5/25/2006 002082 DISCOUNT SCHOOL SUPPLIES' D05932620101 SCHOOL AGE RESOURCES 10-440-223-000-,000 233.29 Total : 233.29 57546 5/25/2006 002165 DRUG ALTERNATIVE PROGRAM 6284 ON GOING WEED CONTROL AT CITY PARKS 10-450-245-000-000 1,000.00 6295 April lawn care.service 10=450-245-000-000 40.00 Total : 1,040.00 57547 5/25/2006 010055 EMPIRE DEVELOPMENT SOLUTIONS 200670 CONSULTING '32-370-250-000-000 2,041.25 Page: 5- vchlist Voucher List Page: 6 �- 05/17/2006--3-:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57547 5/25/2006 010055 EMPIRE DEVELOPMENT SOLUTIONS (Continued) Total : 2,041.25 57548 5/25/2006 010537 EXECUTIVE SERVICES 1054 JANITORIAL SERVICES 10-180-255-000-000 1,125.00 1093 Apr. Janitorial Supplies-City Hall 10-180-255-000-000 335.30 Total : 1,460.30 57549 5/25/2006 002450 FERRE', MARYETTA 050106 May City Council Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57550 5/25/2006 002673 FLANN, ALISA 051606 Mileage Reimbursement 10-172-271-000-000 45.85 Total : 45.85 57551 5/25/2006 010634 FLOCK, TIM 042506 Reimbursement for tree purchase 10-180-245-000-000 100.00 Total : 100.00 57552 5/25/2006 002727 FREEMAN COMPANY, J R 3268640 Transcription Machine-Planning Dept. 10-125-219-000-000 263.99 10-370-219-000-000 263.99 Total : 527.98 57553 5/25/2006 002740 FRUIT GROWERS SUPPLY 32079463 Credt memo for Maint. landscape supp.l 10-450-245-000-000 -23.88 32079811 SUPPLIES 10-450-245-000-000 1.36 405725R3 SUPPLIES 10-450-245-000-000 148.01 Total : 125.40 57554 5/25/2006 002901 G.T AREA CHAMBER OF COMMERCE 4116AD BLUE MT OUTLOOK 10-125-213-000-000 620.00 Total : 620.00 Page: 6 vchlist voucher List �_/ Pager 7 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor -Invoice. Description/Accourit Amount 57555 5/25/2006 002795 GARCIA, LEE ANN 050106 May Council Stipends 1.0-110-120-000-000 231.97 32-200-120-000-000 150.00 Total : 381.97 57556 5/25/2006 010181 GOPHER PATROL 105799 GOPHER ERADICATION SERVICE 10-450-245-000-000 465.00 Total : 465.00 57557 5/25/2006 010425 GRAND TERRACE MARTIAL ARTS 050106 May martial arts class reimbursement 10-430-27 892.50 Total : 892.50 57558 5/25/2006 003020 GREENWOOD'S UNIFORM COMPANY 050806 Uniforms-Citizens Patrol 14-411-223-000-000 159.80 Total : 159.80 67559 5/25/2006 003152 HARPER & BURNS LLPN 050106 April Legal Services 10-160-250-000-000 4,755.50 Total : 4,755.50 57560 5/25/2006 003200 HILKEY, HERMAN 050106 May Council Stipends 32-200-120-000'000 150.00 10-110-120-000-000 250.00 Total : 400.00 57561 5/25/2006 003850 JANI-KING LAX05060063 BUILDING CLEANING 10-440-244-000-000 815.00 Total : 815.00 57562 5/25/2006 010520 K&A ENGINEERING 5857 ENGINEERING SERVICES '10-3,70-255-000-000 3,382.63 _��� -- - ----- Total : 3,382.63 57563 5/25/2006 004299 LAKESHORE LEARNING MATERIALS O41306 SCHOOL AGE SUPPLIES 10-440-223-000-000 120.00 Total : 120.00 Page: 7 vchlist Voucher List _ Page: 8 --- -05/17/2006 3:45:59PMI CITY-OF-GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57564 5/25/2006 010599- LIGHTHOUSE PROMOTIONS & PLANNI 1006 G.T. DAYS EVENT PLANNING FEES 23-200-12-00 1,000.00 Total : 1,000.00 57565 5/25/2006 010446 MILLER, JIM 050106 May Council Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57566 5/25/2006 010041 NOLTE ASSOCIATES INC. 6040381 H2O PIPE RELOCATION 32-600-205-000-000 280.86 32-600-208-000--000 280.86 Total : 561.72 57567 5/25/2006 010589 OCB REPROGRAPHICS 4167389 36x48 paper supply-Planning 10-370-210-000-000 8.08 Total : 8.08 57568 5/25/2006 005435 ORIENTAL TRADING COMPANY 60731380102 SCHOOL AGE SUPPLIES 10-440-223-000-000 205.53 60731380103 SCHOOL AGE SUPPLIES 10-440-223-600-000 19.95 Total : 225.48 57569 5/25/2006 005586 PETTY CASH 051606 Petty Cash-Child Care 10-808-706-000-000 28.51 10-440-221-000-000 42.50 10-440-223-000-000 152:08 10-440-228-000-000 167.97 Total : 391.06 57570 5/25/2006 010208 RATELLE, DAZE &ASSOCIATES 050106 CONSULTING 34-400-251-000-000 1,440.00 Total : 1,440.60 57571 5/25/2006 010630 RAYA, CAROL 050106 Refund for Bldg. Permit#6297 10-400-06 42.01 'Page: 8 V i i 'voucher Li st vchlist � Page: 9. 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice_ Description/Account Amount 57571 5/25/2006 010630 RAYA, CAROL, (Continued) Total: 42.01 57572 5/25/2006 006453 S.B. COUNTY AUDITOR/CONTROLLER 2141 BOOKING FEES 10-410-259-000-000 1,836.78 Total : 1,836.78 57573 5/25/2006 006565 SAN BERNARDINO COUNTY SUN 561231935 Annual Subscription Renewal-City Hall 10-120-210-000-000 165.60 Total : 165.60 57574 5/25/2006 006435 SAN BERNARDINO, CITY OF 1327 ANIMAL SHELTER SERVICES 10-190-256-000-000 392.00 Total : 392.00 57575 5/25/2006 010040 SCOTT, MARY J. 011306 Conf. Travel/Meal reimbursement 10-440-270-0007000 87.82 Total-: 87.82 57576 5/25/2006 006730 SO.CA.GAS COMPANY 050406 CNG Vehicle Fuel-April 10-180-272-000-000 51.88 10-440-272-000-000 17.30 34-800-272-000-000 17.30 Total : 86.48 57577 5/25/2006 006778 STAPLES CREDIT PLAN 6033003865 Wisc. Ofc. Supplies-Planning Dept. 10-370-210-000-000 46.96 9161686486 Additional tax charges - 10-190-212-000-000 0.74 9161807258 Ofc. Supplies-Planning-Dept. 10-37 0-21.0-000-000 61.57 91618072,58000 Credit Memo-Misc. Ofc Supp.-Planninq 10-370-210-000-000 16.15 9162130499 Misc. Ofc Supplies-Comm. Svcs. Dept. 10-180-210-000-000 170.22 9162291785 Misc. Ofc. Supplies-MIS Dept. 10-380-249-000-000 217.87 Page: 9 vchlist _ Voucher List_ _ _ Page:— 1-0 05/17/2006---3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57577 5/25/2006 006778 STAPLES CREDIT PLAN (Continued) 9162447672 Paper supply/Misc Ofc. Supplies 10-190-212-000-000 164.05 C702246011 REFUND/ADJUSTMENT 10-370-210-000-000 -2.47 Total : 642.79 57578 5/25/2006 010590 TERRA LOMA REAL ESTATE 050906 May Prop. Mngmt Svcs-21974 De Berry 34-400-04 96.00 050906B Prop Mngmt. Svcs.-21974 De Berry St. 34-400-04 1,544.86 051506 Mar/Apr. Prop. Mngmt. Fees 34-400-04 3300 Total : 1,673.86 57579 5/25/2006 010586 THE JAMIESON GROUP 200668 PROVIDE PROF. SRVS FY 05/06 10-370-255-000-006 3,250.00 Total : 3,250.00 57580 5/25/2006 010636 TORRES, OLGA 051506 Temp. Banner perrmit reimbursement 23-301-85-00 50.00 Total : 50.00 57581 5/25/2006 007034 TRANSPORTATION ENGINEERING 582 TRAFFIC MITIGATION STUDY 11-500-255-000-000 3,164.00 Total : 3,164.00 57582 5/25/2006 007220 UNDERGROUND SERVICE ALERT 420060290 May Service Alerts 16-900-220-000-000 41.60 Total : 41.60 57583 5/25/2006 007539 VALLEY TIRE COMPANY 80034 8 PLY TIRES FOR CHEVY TRUCK 265 75R/16 10-180-272-000-000 659.32 80083 Sweeper tire repair 10-180-272-000-000 28580 Total : 945.12 Page: 10 vchlist Voucher List Page: 11 05/17/2006 3:45:59PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57584 5/25/2006 007579 VARELA, CATALINA 031706 Reimbursement-Child Care Ofc. Supplies 10-440-210-000-000 78.55 Total : 78.55 57585 5/25/2006 001038 VERIZON WIRELESS-LA 042206 April cell phone-svc. B&S 34-400-235-000-000 114.18 Total : 114.18 57586 5/25/2006 010421 VILLAGE ENTERPRISES, DARCY MCNAB 0632 Consutling svc.-GT Days 23-200-12-00 170.00 Total : 170.00. 57587 5/25/2006 007795 WAXIE 69446746 SUPPLIES 10-180-245-000-.000 713.69 Total : 713.69 57588 5/25/2006 007854 WESTERN EXTERMINATORS CO 040106 Chemical treatment-Child Care Buildinq 10-180-245-000-000 325.00 272233 PEST CONTROL 10-180-245-000-000 80.00 10=440-245-000=000 68.50 10-805=245-000-000 30.50 34-400-246-000-000 35.50 Total : 539.50 57589 5/25/2006 007938 WIRZ & COMPANY 45420 Posters.for GT Days 23-200-12-00 25.21 Total : 26.21 5/15/2006 007400 U. S. BANK TRUST N.A. 051506 LEAS E'PAYMENTS 33-300-206-000-000 23,128.94 Total : 23,128.94 73 Vouchers for bank code: bofa Bank total : 453,590.99 73 Vouchers in this report Total vouchers : 453,590.99 Page: 11 vchlist Voucher List _ _ Page: 12 _ -- 05/17/2006--3-:45:59PM CITY OF GRAND TERRACE - Bank code : bofa Voucher Date Vendor Invoice Descriptiori/Account Amount I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of the City and Agency. /' /�1(f Larry Ronnow, Finance Director Page: 12 CITY OF GRAND TERRACE ;�;� • CITY COUNCIL MINUTES REGULAR MEETING-MAY 11, 2006. 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 May 11, 2006, at 4:00 p.m. �f PRESENT: Maryetta Ferr6,Mayor Bea Cortes,Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Steve Berry, Assistant City Manager Brenda Mesa, City Clerk, Larry Ronnow,Finance Director Gary Koontz, Community Development Director Richard Shields;Building&Safety Director Lt. Hector Guerra, Sheriffs Department a John Harper, City Attorney ABSENT:- None CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 4:00 P.M. REVIEW THE PROPOSED FY 2006-2007 CRA/CITY COUNCIL BUDGET Finance Director Larry Ronnow, gave a presentation on the proposed FY 2006-2007 CRA/City Council Budget. Councilmember Hilkev, stated that last year our expenditures for both CRA and the City exceeded our income predominately because we were spending the 20% set-aside for-the Senior Housing. This year it looks like there is $343,000.00 decrease in the fund balance. He questioned if something happens with the Towne Center project and we don't sell the $1.7 6 million that $343,000.00 will go up to approximately$2 million. He questioned if there were any flags that were going up about spending more than were bringing in two years in a row that we might need to address. City Manager Schwab,responded that on some of the Capital projects we are using one time fund fees from development fees to them as well. We are not using it for ongoing operating • expenses. COUNCIL,AGENDA ITERO HO. i Council Minutes May 11,2006 Page 2 Mayor Pro Tern Cortes, thanked staff for doing.a great job on the budget. She questioned how the Deputy that was funded by the COPS grant is going to be funded this year. Finance Director Ronnow, responded that starting with this years budget we need to use approximately$110,000.00 from the General Fund to make up the difference,however this year it doesn't have a big impact. Councilmember Hilkev,questioned where there are funds that support the library other than the CDBG Funds. City Manager Schwab, responded that the City does not provide any direct support to the library. The Block Grant funds their literacy program. We provide the building at no charge, however, they provide for the utilities and the janitorial services. Councilmember Hilkev,questioned if there is an entry in the budget that show utilities paid for by the library. City Manager Schwab, responded that is not shown in the budget but staff could provide a spreadsheet how much is incurred in expenses and how much money is distributed back to the City. Assistant'Ci , Manager Berry, stated that they pay $1,295.00 per month to cover their expenses. Councilmember Hilkev, questioned if that was calculated. Assistant City Manager,responded that he did a calculation and that it was accurate. i Councilmember Hilkev, questioned who pays for the custodial service. Assistant City Manager Berry, responded that the library pays for their own service. Councilmember Hilkev,questioned ifthere was a way to shape the Law Enforcement Service package to suit the needs now versus the needs of 20 years ago. He stated that he spoke to City Manager Schwab earlier about cycling the traffic officers.- He is getting the feeling that we don't have the faith in the Department like we use'to. City Manager Schwab,stated that his suggestion would be to set up a workshop to show the Council what the deployment looks like today and what the theory is for coverage. He stated that he was planning on adding a Deputy next year,however,if the Council would like to add a 40 hr car this year it is an option that can be added to the budget. ;- j - Council Minutes • May 11,2006 Page 3 It was the consensus of the Council for staff to agendize to bring an item to Council to explain the deployment and to receive Council input on how it might be changed. Councilmember Hilkey, stated that most people consider police protection number one. He feels that if the Department isn't responding in the published response time the City needs to do something about it. He would like to see something showing a regular list of response \ times so that Council and staff can answer questions. -Cily Manager Schwab, stated that the published response time are priority one calls. If the call is not a priority one call it would take longer. He stated thatour Law Enforcement is thin and that he will have the Sheriff's Department come and show the Council the deployment and let the Council decide what they feel is an acceptable level. Re stated that he will try to bring this to Council in June. Councilmember Garcia, stated that at the Council Priority Session they discussed performance and criteria. She stated thatshe doesn't know if the Department would be open to it but if there was a performance criteria established where they would make a commitment that with this amount of dollars this is what you get and if you don't perform there is a decrease in the amount that they get paid. She will be looking closely at the (� Sheriff's Service Specialist position. She stated-that there is anew Fire Chief in the County i of San Bernardino and suggested that we do the same with the Fire Department. She stated that the Library is a strong priority for the City. She stated that she'wants to fight for a library in the Towne Center Project. She stated that she feels.that there should be some money in the budget for a library. CityManager Schwab,stated that in any circumstance in order to fund a library.there is going to have to be money. Staff was depending on the income from the center to help pay for debt service or rent depending on what is worked out. This was predicated on having a large enough revenue cash flow off of the project to pay either the rent or the debt service. Without that the money is not immediately there to do that. If the Council says this is what our priority is and they want to spend enough money to build a brand new building somewhere in the community they could do that,however,he feels that we have to balance the desires for a new library against the desires that he just heard for more police. Councilmember Garcia,,,she stated that she would like another budget workshop if the decision would be between a new library and law enforcement. She stated that she would be willing to trim the budget to fund a library. She questioned when theCouncil can discuss the priority of a new library. Mayor Ferre, stated that the Council has already determined that a new library is a priority. The library is an issue and Council thought that the City was going to get a library with the • Towne Center and now there is a question. She would like to see how things play out before I Council Minutes May 11,2006 ( \ Page 4 - i she makes a decision to change her priority from safety to the library. l . Councilmember Miller, agrees that a library is important and also agrees that the Council needs to wait.and see how this plays out and then possibly look at the priorities once again. Mayor Pro Tern Cortes,also agrees that the library is important but so is safety and feels that • we should wait until we can get more information on the Sheriff s deployment. Councilmember Garcia, questioned if after there is a workshop on the law enforcement the Council is open to having a workshop to discuss the Towne Center Project/Library. Mayor Ferr6, stated that we are in limbo right now and she would like to see it played out. If there is a chance that there is going to be a library then we are where we want to be if there isn't going to be a library then we need to do something about it. I . Councilmember Garcia, questioned where we are with'the Towne Square Project. Councilmember Miller, feels that we don't know where we are with the Towne Square Project and feels that we are still in negotiations. Mayor Ferre, concurred. Councilmember Garcia,stated that when she is asked questions about where the City is with the Towne Square Project she will tell them that on May 11, 2006 the'Council stated that they are not going to do anything related to the Towne Square Project for 30 to 60 days. Cily Manager Schwab,stated that the Developer had stated that he would be back in 90 days, and that was approximately 30 days ago. Right now the Developer's reality is that he has 18 acres and he has one parcel that he can't acquire. He is moving forward with the 18 acre parcel commonly known as Plan B. The Redevelopment Agency is in discussions to potentially acquire that parcel. He indicated that he should know in a month whether there is any ability to acquire that parcel on the owners terms. Plan B does not.include a Library but that is not to say that when that comes back Council can't look at that option. Councilmember Garcia,stated that if Mr.Jacobsen is doing Plan B that it includes a library. Cily Manager Schwab,responded that Plan A and Plan B both have a parcel earmarked for the library. Councilmember Garcia, stated that the library is very important to her and plans on doing everything she can do to make it happen. I I � i i Council Minutes May 11,2006 Page 5 Cijy Manager Schwab, indicated that the adoption of this budget doesn't close the door on anything. We are just funding our operations at the current level with the exceptions of the items that have been described. We need to see what is going to happen with the Towne Center. Councilmember Garcia, clarified the budget amount and how it works. She stated that the • problem with building the library is that it doesn't create income. City Manager Schwab,responded in the negative. He-stated that very little of what we build creates income. We were depending on the Towne Center Proj ect generating enough income Ito pay the debt service on the library and still have some left over for other things. If it is going to be Plan B then we need to evaluate what kind of income that will generate. The Center will generate income. Councilmember Garcia, stated-that when we do a development there should be a fiscal impact that includes the amount of increased dollars that will be spent for law enforcement, etc. She stated that we have been criticized about not being accurate when it comes to law enforcement on the large upcoming developments and feels that the Sheriff s Department should address that. She requested that staff work on the fiscal analysis of the impact of projects coming into town. City Manager Schwab, stated that staff will look into it. Councilmember Miller,questioned if there,was any consideration of having a joint use of a library with the new proposed school. Currently Rialto and Fontana have one. City Manager Schwab,responded that staff did look into that and some of the locations that have joint use libraries. They found that it is difficult to have a high.school combination library if.it's the only library that they have in the community because it is only open when the school is closed. It just didn't seem like a good idea. Councilmember Miller, stated that there were some funds-that came in for a bike lane and he believes that they were approximately$56,000.00. Building& Safety Director Shields,.responded that it was $50,000.00. CouncilmemberMiller,stated that it is now going to cost the City$74,000.00 and questioned if that was correct. Building & Safety Director Shields, responded in the affirmative. Councilmember Miller, questioned when we are scheduling to do the bike lane. I I Council Minutes May 11,2006 • Page 6 Building&Safety Director Shields,responded that he received a phone call from Caltrans yesterday giving us a one year extension. He stated that a few months back he brought a Resolution to the Council to extend the bike lane for a year. It has taken this long for Caltrans to respond to him. During the time that it took Caltrans to respond to him staffwas able to get a Class 3 bike lane instead of a Class 2. Because of the time that has lapse the cost has gone up.- Councilmember Miller, questioned the difference between a Class 3 bike lane and a Class 2. Building&Safety Director Shields,responded that with a Class 2 bike lane you will not have parked cars on the roadway with a Class 3 you are allowed to have a parked car. It is his understanding that in the area of Food Connection the property owners.didn't want to lose the street parking. Councilmember Miller, questioned where the bike lane will run. Building&SafMDirector Shields,responded that it will go all the wayto Michigan and all of the improvements will be done as well as the re-striping down the opposite side of the street. Councilmember Miller,confirmed that the bike lane will be down both sides ofBarton Road. He questioned where the extra money that will be needed will come from when we actually do the project,because the price will probably go up again. Building&SafMDirector Shields,responded that when he prepared his budget he increased the numbers to cover the expected increase. Councilmember Miller, questioned if we will wait for the Towne Center to.be built before we do the bike lane. Building& Safety Director Shields, responded that he plans on doing it right away. Mayor Ferre temporarily adjourned the CRA/City Council Meeting.at 5:30 p.m. MAYOR FERRE RE-CONVENED THE CITY COUNCIL MEETING AT 6:00 P.M. The City Council meeting was opened with invocation by Raul Montano, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Councilman Herman Hilkey. ITEMS TO DELETE -None I Council Minutes • May 11,2006 Page 7 SPECIAL PRESENTATIONS A. Tony Grasso - Executive Director San Bernardino Associated Governments (SANBAG) Mr. Grasso introduced himself and indicated that he has been with SANBAG since January 23,2006. He gave a brief history of his background. He discussed some of the issues that will be faced in near future. He stated that he will be happy to come back and address the Council at any time and work as a partner as we look to enhance the quality of life in the community. B. Proclamation-Water Awareness Month-May 2006. Mayor Ferre read a proclamation proclaiming May 2006 as Water Awareness Month in the City of Grand Terrace urging all citizens to be responsible water users and protectors. Mayor Ferre presented Don Hough, Riverside Highland Water Company, with the Proclamation. Don Hough,Riverside Highland Water Company;thanked the Council on behalf of Riverside Highland Water Company for the proclamation and for the opportunity to remind everyone of water.conservation. C. Water Awareness Poster Contest Winners -Terrace View Elementary School Don Hough, Riverside Highland Water Company introduced Melanie Cox, Vice- Principal Terrace View Elementary School and the winners of the contest to the Council and had them show the Council their posters. Don Hough, Riverside Highland Water Company, gave an update on the Palm Project and what the residents and Council can expect. 2D. Jim King- The Foundation of Grand Terrace Assistant City Manager Berry indicated that Mr. King could not,make it and that he will speak at another meeting. CONSENT CALENDAR CC-2006-46 MOTION BY COUNCILMEMBER GARCIA,SECOND BY MAYOR PRO TEM CORTES,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of Items 3D., 3E., 3F., and'3G.: i i Council Minutes May 11,2006 Page 8 _ i 3A. Approve Check Register Dated May 11, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 04-27-2006 Minutes ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Contract Between the City of Grand Terrace - Blue Waves Swim Program aand the Riverside YMCA for Swim Lessons and Open Swim at Terrace Hills Middle School I CC-2006-47 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the Contract Between the City of Grand Terrace -Blue Waves Swim Program and the Riverside YMCA for Swim Lessons j and Open Swim at Terrace Hills Middle School. I j 3E. Redlining 290 Feet of Curbing in front of 12269 Michigan and 22114 DeBerry Bill Hays,22114 DeBerry Street, encouraged the Council to approve the Redlining of the curbing in front of 12269 Michigan and 22114 DeBerry. CC-2006-48 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve Redlining 290 Feet of Curbing in front of 12269 Michigan and 22114 DeBerry. 3F. Revise the Existing Contract Between San Bernardino County,City of Colton and Grand Terrace for the Construction of a Traffic Signal and Minor Modifications at the Intersection of La Cadena Drive and Barton Road. San Bernardino County Contract No. 04-843 CC-2006-49 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER HILKEY,CARRIED 5-0,to approve the Revision of the Existing Contract Between San Bernardino County,City of Colton and Grand Terrace for the Construction of a Traffic Signal and Minor Modifications at the Intersection of La Cadena Drive and" Barton Road. San Bernardino County Contract No. 04-843 with the provision that Staff clarifies who is responsible for moving any utilities, if any, and if someone needs to be responsible and there are additional funds needed it will come back to Council. 3G. Community Center Sub-Lease with Grand Terrace Lions Club CC-2006-50 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM i Council Minutes May 11,2006 Page 9 CORTES, CARRIED 5-0, to table the Community Center Sub-Lease with Grand Terrace Lions Club. PUBLIC COMMENT RA`Barney"Barnett,474 Prospect Avenue,was glad to see Mr. Grasso at the meeting this evening. He invited everyone to attend Highgrove Day on Saturday,May 13, 2006. There will be a lot.activities throughout the day. Jeffrey McConnell,21785 Walnut,reported-that there is going to be some paving on Barton Road and La Cadena on May22,2006 and expressed his concern with the detours that will more than likely go through his neighborhood. He requested that they work with the residents when this occurs. Rita.Schwark.21952 Grand Terrace Road,agrees with Mr.McConnell. She requested that Grand Terrace adopt the Illegal Immigration Act Ordinance and to get involved. Bill Hays, 22114 DeBerry Street, questioned what happened at SAV-On. He feels that the items on the agenda should be.taken in order. He stated that there could be a problem with the wiring at the community center and that they may want to look into that. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee A. Minutes of April 3, 2006 CC-2006-51 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0,to accept the April 3,2006 Minutes of the Historical and Cultural Activities Committee. 2. Crime Prevention Committee A. Minutes of March 13, 2006 CC-2006-52 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the March 13, 2006 Minutes .of the Crime Prevention Committee. 3. Emergency Operations Committee 1. Minutes of April 4, 2006 CC-2006-53 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM Council Minutes May 11,2006 Page 10 CORTES, CARRIED 5-0, to accept the April 4, 2006 Minutes of the Emergency Operations Committee. i I , I COUNCIL REPORTS Councilmember Miller, questioned what happened at the SAVON. He reported that his ilandscaper's vehicle was high jacked on Saturday and heard that there was one high • jacked at the SAVON as well. Lt. Guerra, at approximately 2:44 p.m. the Sheriff's Department received a phone call from an employee at SAVON that there was a gentleman inside the store acting somewhat suspicious. As the Deputies were responding to that call, the individual left the store, went across the street, and as another citizen was exiting or entering their vehicle he accosted them and took their vehicle by force and tried to escape. He was able j to escape prior to the Deputies arriving. The response time from the initial call to the arrival of the first officer on scene was less than 10 minutes. He was eventually apprehended and is in custody. Councilmember Miller, questioned if he knew anything about the other high jacking. Lt. Guerra, responded in the negative. Councilmember Miller, reported that on May 22, 2006 the Traffic Mitigation Ad-Hoc ! Committee will meet. f I Councilmember Hilkev, questioned if we have gotten any feedback on who the new tenant will beat the Stater Bros. warehouse. Ci1y Manager Schwab, responded that when he was in a meeting at Stater Bros. he asked j about it and they responded that there was some interest in acquiring the property and building condos on it. Stater Bros. does not own the property they lease it. i Councilmember Hilkev, reported that he received a couple of calls regarding_ the High School and asked if anyone knew anything about it. Mayor Ferr6,responded that she knew nothing about it. Councilmember Garcia,reminded everyone to attend Grand Terrace Days. She reported that there will be a Pancake Breakfast on Saturday, Junel 1, 2006. She thanked Don Hough on the update on the Palm Project. She questioned what the hold-up at the corner of Barton and Mt. Vernon. Buildine& Safety Director Shields, responded that Adelphia has taken a long time mi F Council Minutes �) May 11,2006, L - ' Page 11 moving some of their utilities. They are probably 3/4 of the way done. The corner of SAVON will be paved Friday. Adelphia will be working across the street in front of Mr. TV Video. Councilmember Garcia, questioned if the truncated domes will be installed at each corner. • Building& Safety Director Shields, responded eventually. Councilmember Garcia, stated that the red paving is.a,little different from the existing paving. Building& Safety Director Shields, stated that they had to bring back the comer 4 ft for right-of-way purposes and for more room to make a right hand turn. Councilmember Garcia, appreciates staffs work and for staying on top of the projects. She has heard that one of the taggers in Grand Terrace was 12 years old. She requested that when the review of the deployment of the Sheriff s Department is discussed that Crime Prevention to be included so that she can see how they fit into the overall picture. Mayor Pro Tem Cortes,reported that SANBAG is going to be meeting with RCTC . She also reported that SANBAG is going to be creating an Ad Hoc Committee that will encompass housing, environmental, etc. all issues that pertain to transportation. They will be selecting certain individuals from the cities and from the Board of Supervisors. She will make sure that the Council is kept up to date. Councilmember Hilkev, stated that he feels that there isn't anyone that feels that SANBAG is doing an adequate job of improving the roads. Everyone is frustrated with the transportation and feels that it is ridiculous to take Measure I money and take on a new project. He feels that they should focus on what they are doing. Mayor Pro Tern Cortes,reported that she and Councilmember Miller attended the SAVON Grand Opening. She felt that it was a nice event. She requested that the Grand Terrace Road closure information be place on the web. She wished everyone a Happy Mother's Day. Mayor Ferre, requested that Assistant City Manager Berry talk about the free compost. Assistant City Manager Berry, reported that Friday, Saturday, and Sunday compost will be available at the Senior Center to all Grand Terrace residents. PUBLIC HEARING i Council Minutes May 11,2006 f Page 12 6A. Appeal of the Planning Commission's Approval of SA-06-02,V-06-01,and E-06-02 for the Construction of a Two-Story CommerciaUIndustrial Building on a 2.4 Acre Site for ESSCO Electric John Lampe,Planner,reported that on April 6,2006,the Planning Commission held apublic hearing for Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02 for the construction of a two-story commercial industrial i building for ESSCO Electric. ESSCO seeks to expand its facility as a result of increased • sales while remaining in Grand Terrace. They have acquired approximately 2.4 acres on the south side of Commerce Way, west of Michigan Street. The Planning Commission held a public hearing,took public testimony, and unanimously approved the project. On April 17. 2006, an appeal was filed by Raymond Johnson for the Citizens for Responsible and Open Government. He gave an overview of the project and gave responses to the items of concern that were pointed out. Staff recommends that the City Council deny the appeal and approve Site and Architectural Review No. 06-02,Variance No. 06-01, and-Environmental-Review No. 06-02. Councilmember Miller,referred to issue#2 and requested an explanation. Planner Lampe, responded that there are some sections on Commerce Way where the ultimate width had been dedicated when the project went up across the street and based on the ultimate width that is planned for Commerce Way the recommendation of the Public Works Department was an additional 4 foot of the subject site would be required in order to allow for the ultimate width of Commerce Way along that section. Community & Economic Development Director-Gary Koontz, indicated that the current { requirement is 44 feet from centerline and that 4 R from each side would.be.dedicated to obtain the 44 feet. Councilmember Miller, referred to issue 6 section c and questioned if there were ever any burrowing owl's on this site. Community&Economic Development Director Koontz,the biologic survey that was done under the original EIR noted that the areas South that are, undeveloped are potential burrowing owl habitat. They did not observe any owls on the site,which is in their report. He stated that if you go down the flood control channel there's a lot of rodent burrows along { there and that is the area that they are concerned about. i - Councilmember Miller, questioned if an amendment will have to be made to the EIR to answer Mr. Johnson. t - Community&Economic Development Director Koontz, responded that there are no owls on the site. The owls are further to the South. i r , Council Minutes May 11,2006 Page 13 Councilmember Miller,stated that he noticed that there is an eight foot high decorative wall .and questioned what decorative meant. The storage at ESSCO is currently overhanging the fence and he is concerned that there is going to be a storage problem there that is going to be unsightly. He questioned if any of the staff has spoken to ESSCO regarding this and questioned how we will mitigate that problem. Community&Economic Development Director Koontz, responded that staff has had very lengthy conversations. Staff s concern is what is the view from the street. They.have an existing industrial building that they are backing up to so there really isn't a view from the back. He has an eight foot wall next to the-street,which will provide a buffering. ESSCO has been very cooperative and they understand the issues. Councilmember Miller,he indicated that currently there is only one way to see the facility, however,in the future there will be a lot of traffic in the area and we don't want an unsightly view. Councilmember Garcia,wanted to clarify that the parking is increased. Community & Economic Development Director Koonts, indicated that the parcel is substantially larger than the current parcel and the parking has increased. Councilmember Garcia, stated that they are expanding their business so there is a potential for more deliveries and business. Community& Economic Development Director Koontz, responded that they spoke with ESSCO regarding delivery trucks. One of the issues that they are dealing with now is that they have a small storage area they can't warehouse a lot of materials at one time,to the point that the trucks arrive half full. With a larger storage area,they can actually fill the trucks and they stated that they probably won't see additional trucks they will just see fuller trucks. Councilmember Garcia,-questioned if we can make it a-condition that storage will not be seen from the street. Community&Economic Development Director Koontz,responded in the affirmative. Councilmember Garcia, questioned what they are going to be doing with the landscaping. She questioned where the nearest residence is. Community&Economic Development Director Koontz,responded that the nearest residence would be Byron Matteson's property. _ Councilmember Garcia, questioned how high the lighting standards are. Council Minutes May 11,2006 Page 14 i ( Community&Economic Development Director Koontz,responded that the lighting has-to be per the City's Code. Councilmember Garcia, questioned if they will be on all night for security purposes. From a residents perspective you wouldn't want something-that was bright. Community & Economic Development Director Koontz, responded that there is a T requirement that they can't have the light glare off-site. All the lights have to be aimed down. Councilmember Garcia,referred to the noise study. Community&Economic Development Director Koontz, stated that he feels that they have addressed the absorption of noise. Councilmember Garcia, questioned what the plan is for the existing location. Community&Economic Development Director Koontz,responded that they will be selling it. Mayor Pro Tern Cortes, stated that the closest residence already has some-businesses with ; a high block wall. Community&Economic Development Director Koontz,stated that issues ofnoise right now are generated from trucks going in and out on Michigan. I Mayor Pro Tern Cortes, questioned if the trucks that are going in and out are going to be regulated on their hours. Community&Economic Development Director Koontz, responded in the affirmative. Councilmember Hilkev, questioned-the widening of the road. Community & Economic Development Director Koontz, responded that they are not widening the road they are increasing the right-of-way parkway. . I Councilmember Hilkev, stated that there is a block wall or building around the entire f perimeter. Community&Economic Development Director, gave an overview of the site. i Councilmember Hilkev, questioned what the retention is at the far west corner. ( Council Minutes May 11,2006 Page 15 Community & Economic Development Director Koontz, responded that it is a landscape swell area for the NPDES issues. It is a small detention basin and will be landscaped so that. the drain-off is clean up before it goes out to the storm drain. Councilmember Hilkey,questioned if it is vegetation or rock and if it is higher or lower than the street. • Community&Economic Development Director Koontz,responded that it is vegetation. Mayor Ferre, questioned how long,ESSCO has been doing business in Grand Terrace. City Manager Schwab, responded approximately 12 years. Mayor Ferre, confirmed.that they have been a good business for Grand Terrace.- Community&Economic Development Director Koontz,responded that they are our highest sales tax generator in town. Howard Parcell. Engineer,,reported that the perimeter wall will be 8 feet and concrete that will ultimately be covered in vines to•heavily.landscape the area. Councilmember Garcia,referred to the plans where it shows a rounded area on the wall. Mr. Parcell, responded that it depicts a landscape berm. They are trying to make it look interesting. Mayor Ferr6 opened discussion to the Public. Raymond Johnson,indicated that he represents the applicant and stated that he faxed revised comment letters several days ago that were dated May 8,2006 and questioned if the Council received copies of that. Community&Economic Development Director Koontz,.responded that he-never received a fax. Raymond Johnson, stated that he had-a fax confirmation stating that we did. He stated that one of the issues with the City is that sometimes the City Council will do one thing in public and then do something else when they think no one is looking. He feels that this project is a prime example. The project that is proposed is not consistent with the specific plan or the requirements of the EIR that was done for the OAC. He stated that the General Plan is inconsistent internally and that it is impossible to be consistent with it. With.regards to the issue of noise,the EIR stated that.the construction noise would extend over 1,000 feet from the edges of the property and feels that it will be higher than acceptable standards. The I I i Council Minutes May. 11,2006 Page 16 requirements in the General Plan EIR was that all projects in the portion of the specific plan must conduct an acoustical. It was also required to do a traffic study. When the EIR was done for the OAC Specific Plan it noted that in order to achieve acceptable levels of service on the area streets there were$170 million dollars of traffic improvements that needed to be 1 made in order to accomplish mitigation to the acceptable levels. The OAC's portion of those traffic expenditures was established at$10.2 million dollars. That is a lot of money for the OAC. This project represents approximately 3% of the OAC project and its relative fair • share of that portion would be $330,000.00 to mitigate traffic impacts based upon the EIR that was done for the OAC plus the $24,000.00 that has to go to the County. There is approximately$350,000.00 worth of traffic mitigation that is required by the OAC,EIR that is not being required of this project. If this project doesn't provide their fair share and subsequent portions the developers of the OAC or the City is going to have'pick-up those costs. If Council is concerned about the traffic they can't afford to throw away$330,000.00 worth of mitigation. With regard to the street,he was incorrect. According to the Specific Plan, the minimum acceptable right-of-way according to the specific plan for that street is 122 feet which does not meet the minimum required.right-of-way. He questioned if this is the type of use that they want to have at the entrance/gateway to the OAC. The OAC requires a very specific design on the walls and that is not what is being proposed. He feels that they have not complied with the design requirements. He feels that there is a likelihood that there may be burrowing owls on the site. The EIR mitigation measure specifically 1 required that protocol burrowing owl surveys be done prior to any project being approved. There are simply too many mitigation measures that are required that the City is ignoring. He stated that the project is not consistent with the specific plan and it is not consistent with the mitigation measures required in the OAC's Specific Plan or EIR. They have not done the necessary studies and therefore is.not consistent with the requirements. Mayor Ferre returned discussion to Council. City Attorney Harper, stated that the issues that were brought up by Mr. Johnson can be addressed by staff. Councilmember Hilkev, questioned if this piece of property is part of the OAC. Mr. Johnson,responded in the affirmative. Community&Economic Development Director Koontz, also responded in the affirmative. Community&Economic Development Director Koontz,gave a background of the hearings that were held on the specific plan and the uses. He addressed the noise issues and feels that it has been mitigated to an acceptable level. Councilmember Hilkev,stated that he feels that the OAC was a dead issue after hearing that the freeway access won't be done until Phase III of Measure I. I I Council Minutes May 11,2006 Page 17 Cily AttorneHarper, stated that the existing zoning of the property is OAC regardless of _ what.might happen in the future. Any project that,is considered.today-is bound by the existing OAC zoning. Community&EconomicDevelopment Director Koontz, stated that the OAC project is not dead until the freeway is widened it is on hold until they figure out what to do with the bridge. Staff is working on interim solutions to address the traffic issues. The freeway itself doesn't have.anything to do with project being delayed. Councilmember,Hilkey, questioned if we take the existing properties out of the OAC then there will no longer be an issue. Community&Economic Development Director Koontz, stated that the reason this area is included in the OAC is so that they can look at the landscaping and architecture so that it is consistent. Staff feels that they did a pretty good job. Cily Attomey Harper,stated that if staff were to remove.the property from the Specific Plan the entire process would have to start all over again. Councilmember Garcia; confirmed that the project is part of the OAC and questioned if it �\ meets the guidelines. Community&Economic Development Director Koontz,.responded that the project meets the,guidelines. City Attorney HgM , stated that this is a Public Hearing and that there is an Attorney that stood up and made..some arguments and you-have staff that are the experts that,have been hired and have given their opinion. It is up to the Council to weigh all.of the testimony and make a decision: Community&Economic Development Director Koontz, stated that this is an appeal of the Planning Commission's decision. The Planning Commission took testimony,had all of the issues outlined to them and unanimously voted that this project is consistent with how they see OAC . Councilmember Garcia, questioned if the issues that were brought up by Mr. Johnson were expanded from what the Planning Commission received. Community&Economic Development Director Koontz,responded that the only thing that he can see that has changed is the width of the street, which he feels he addressed. City Attorney Harper,stated that what the appellant is allowed and obligated to do is present. at this hearing evidence in the form of testimony. There isn't any legal opportunity for i i Council Minutes May 11,2006 Page 18 people to continue to submit written materials for Council to review prior to making a decision. Mr. Johnson has brought up the issues verbally and staff has an opportunity to address them and if they need more time then it would be appropriate to continue this agenda 1 item. . Councilmember Miller,indicated that he would like to-continue this item so that Council has more time to review the issues that were elaborated this evening: Councilmember Garcia, asked if continuing this item would cause a hardship. Community&Economic Development Director Koontz, stated that continuing this would create a hardship for the applicant, they have a time frame. CC-2006-54 MOTION BY MAYOR PRO TEM CORTES', SECOND BY MAYOR FERRE, CARRIED 3-2-0-0(COUNCILMEMBER GARCIA AND MILLER VOTED NO), to accept Staff s Recommendation to Deny the Appeal and Approve Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02. 6B. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Municipal Code and Regulating-the Sale and Discharge of Fireworks. City Manager Schwab, reported that the Fireworks Ad-Hoc Committee met to address the issues of the sale and discharge dates that were in the, agenda. He introduced Lou Ann Archbold, a member of the Ad-Hoc Committee. i Lou Ann Archbold,stated that she was at the meeting on behalf of Kim Hathaway who is the Committee Chairperson. She thanked the Mayor and the Councilmembers for her appointment to the•Ad-Hoc Committee. She acknowledged the members of the committee by name. Each member of the committee were given an opportunity to express their expectations. The final decision was a compromise for all. She stated that the following are the recommendations of the committee. 1. The committee recommended the City continue to allow the sale of safe and sane fireworks. - 2. Modify the sale period to June 28 b-July 4t' 12 noon-9:00 p.m. and ly 1 s`-4`l',9 am - 9 pm and modify the discharge dates June 286'-July 4"' 12 noon- 11 pm " 3. Increase fines for use of illegal fireworks to the maximum allowable to either$1,000 or$2,000 depending on the City Attorney's interpretation of the maximum allowable ! by law. 4. Enforcement as recommended by the Sheriff s Department and the Fire Department: • Sheriffs: during the sales period (currently 4 days) provide 1 Supervisor, 1 Council Minutes • May 11,2006 Page 19 Detective,2 Deputies, and 1 Evidence Technician; Fire-Department: up the staff to 2 engines (8 personnel) and the Yd considering the day of the week the 4`h falls on. 5. Maintain the current ordinance that allows only youth sports to participate in the sale and continue to limit it to one location. 6.- Committee to meet after the 4"of July to evaluate statistics on the number of call for service and make any new recommendations to Council if appropriate. 7. Inform residents in all possible media outlets.of the new rules and-fines. 8. Posters of current notices and fines located at the sales booth.. 9. Create an internal tip line for the 4`h of July to direct law enforcement and fire to fireworks related calls. 10. Surcharge of 3% on fireworks sales for partial reimbursement for extra law enforcement. 11. Accept TNT's offer to pay for-one day of law enforcement's cost and purchase an ad in the newspaper promoting new rules and fines. 12. Copies of the rules and fines to be handed out at the fireworks stand. 13. Create and man a fireworks booth at GT Days to promote fireworks safety She indicated that in the Blue Mountain Outlook there will be a questionnaire for people to fill out and return to the Committee Chair so when the Committee meets again to look at the results and statistics and determine if they need to make any additional recommendations. �`— Councilmember Garcia, stated that working on this committee was a great experience: She reported that educational information will be given out.-at Grand Terrace Days and the following Saturday at the Fire.Station,Pancake Breakfast. Councilmember Hilkey,-expressed his excitement that America celebrates such an American Holiday and that we have a committee that is willing to respond to our concerns and meet again. Mayor Ferr6 opened the Public Hearing for discussion, there being none she returned discussion to the Council. CC-2006-55 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBR HILKEY, CARRIED 5-0, to adopt an Ordinance of the City,of Grand Terrace, California, Amending Chapter 8.112 of.the Grand Terrace Municipal Code and. Regulating the Sale and Discharge of Fireworks which reflects the changes recommended by the Fireworks Ad-Hoc Committee: UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council Approving Specific Plan No. • 05-02 (SP-05=02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at-11830 I Council Minutes May 11,2006 Page 20 Mt.Vernon Avenue and Environmental Review Case No.05-21 (E-05-21)Mitigated Negative Declaration as Provided by the California Environmental Quality Act CC-2006-56 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM- CORTES, CARRIED 5-0, to approve the Second Reading of an Ordinance of the City Council Approving Specific Plan No. 05-02 (SP-05-02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at 11830 Mt. Vernon Avenue and Environmental Review Case No. 05-21 (E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act NEW BUSINESS -None i CLOSED SESSION A. City Manager's Bi-Annual Evaluation Patricia Farley, 12513 Michigan Street, stated that the evaluation of the City Manager and the staff that you rely on for decisions is so alarming to the citizens of Grand Terrace. The staff are not seasoned attorneys and you are taking their opinion over the law at the risk of the community and money and she has a problem with that. Many people in Grand Terrace are dissatisfied with Mr. Schwab's performance. Over the past few years, complaints have been expressed by many citizen's in Grand Terrace about how Mr. Schwab is managing our City. Your evaluation of him needs to reflect all of the problems that we have and continue to have. As Councilmembers,you need to have the best legal advice to protect all residents and you are not,getting that. Your continued support of Mr. Schwab and ignoring the concerns of the residents is very alarming. Council is responsible for the problems that Mr. Schwab is causing Grand Terrace if you continue to support.him. She and others in this City feel very strongly that the Council owe it to the Citizen's of this City to hire a new City Manager in which they can have confidence and who better represents the needs of the community. You have a big job to do and you need to do the right thing. Mayor Ferre announced that the Council met in Closed Session to discuss the CityManager's Bi-Annual-Evaluation and that the evaluation was done and that Council has given direction_ to our Attorney, John Harper to discuss with Mr. Schwab his salary and benefits. Mayor Ferre adjourned the meeting at 9:48 p.m., until the next CRA/City Council Meeting which j is scheduled to be held on Thursday,May 25, 2006 at 6:00 p.m. CITY CLERK of the City of Grand Terrace • I I • Council Minutes May 11,2006 Page 21 MAYOR of the City of Grand Terrace RONMTERR C Community Services Department Staff Report MEETING DATE: May 25, 2006_ CRA ITEM (')- _)COUNCIL ITEM (X) SUBJECT:REDLINING 80 FT.OF BERM CURBING IN FRONT OF 22182 AND 22172 BARTON ROAD NO FUNDING REQUIRED (X) -BACKGROUND The City of Grand Terrace received several complaints over the past fewfmonths regarding vehicles parking in front of 22182 and 22172 Barton Road. Situation: When the Lion's Club Community Center holds an event with a high turn-out, a few of the cars/.trucks'will'park on the berm section of.Barton Road--in front of 22182 and 22972 Barton-- creating a traffic hazard. Here are the comments from Craig Neustaedter, City Traffic engineer, on this subject: 1) The outside curb lane width is insufficient to allow on street parking where the parkway is indented on Barton Road. 2) Parked vehicles create a sight distance obstruction for southbound vehicles on Vivienda Avenue approaching the intersection with Barton Road. Letters were sent out to the property owners on March 17th with an additional confirmation mailing sent on May 8th requesting approval of the red-liniiig'in front.of both properties. The,property owners have agreed on the red-lining work. RECOMMENDATION: STAFF RECOMMENDS COUNCIL TO ALLOW THE CITY MAINTENANCE STAFF TO PAINT AN 80 FT.RED ZONE TO INCLUDE ALL OF THE BERMIN FRONT OF 22182 AND.22172 BARTON ROAD. 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C ,,.: s*., :X`,54'faa �, ^,rr _ .Y'r .i f :Y, �' ,t P.�,.�:4'� ',r, w'a3L , .}t l+ �. 11„r .ay, t \ ry :k �;C. i .. y:�' S,' ''A _.. .:'��• ,'� 't ��� i ,.'��� �Its , '°"�yr.ji•r• !'a:11��i, ,."i TEP SM P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine@sbcglobal.net mobile: 909 283 0383 April 26, 2006 To: Steve Berry, Assistant City Manager City of Grand Terrace From: Craig S. Neustaedter,'City Traffic Engineering Consultant Subject: Parking on Barton Road at Northeast Corner of Vivienda Avenue Per your request, I have reviewed parking on Barton Road at the northeast corner of Vivienda Avenue. I recommend that parking be prohibited on Barton.Road from the parkway indentation on Barton Road to the curb return at Vivienda Avenue. The curb length where parking would be prohibited would be approximately 80 feet. It is recommended that parking be prohibited for the following reasons: 1) The outside curb lane width is insufficient to allow on street parking where the parkway is indented on Barton Road. 2) Parked vehicles create a,sight distance obstruction for southbound vehicles-on Vivienda Avenue approaching the intersection with Barton Road. Transportation Engineering and Planning, inc. CITY OF ,GRAND TERRACE FINANCE DEPT WSTAFF- REPORT CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: May 25, 2006 AGENDAITEM SUBJECT: 200&2007 CITY OF GRAND TERRACE BUDGET RESOLUTION FUNDING REQUIRED XX NO FUNDING REQUIRED On May 11, 2006, Council conducted a review of the Preliminary City Budget for the fiscal year beginning July 1, 2006 through June 30, 2007. ESTIMATED REVENUE General Fund Revenue $ 4,669,900 Operating Transfer-In 300,000 4,969,900 Special Revenue Funds 3,101,766 Operating Transfers-In 199,317 3,301,083 Enterprise Fund 1,641,897 1,641,897 Capital Project Funds 643,550 Operating Transfer-In iO3,700 747,250 TOTAL ESTIMATED REVENUE $ 10,660,130 C PL A FNMA ITEM N , 1 CITY OF GRAND TERRACE FINANCE DEPT I Budget Adoption May 25, 2006 APPROPRIATIONS I -- General Fund $ 4,517,424 Operating Transfers-Out 170,124 4,687,548 Special Revenue Funds 1,141,826 Operating Transfers-out 132,894 1,274,720 I Enterprise Fund 1,640,891 1,640,891 1 Capital Project Funds 614,082 614,082 TOTAL,APPROPRIATIONS $ 8,217,241 STAFF RECOMMENDS THAT COUNCIL: I Adopt the 2006-2007 Fiscal Year Budget Resolution of the City of Grand Terrace with total estimated revenues of$10,660,130 and total appropriations of $8,217,241. i i i RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A BUDGET OF ESTIMATED REVENUES AND APPROPRIATIONS FOR FISCAL YEAR 2006-2007 WHEREAS, local agency is required to adopt a budget for the subsequent fiscal year for F estimated revenues and appropriations; and WHEREAS, every local governmental agency shall file with the county auditor of the county in which the agency conducts its principal operations, a budget for the fiscal year then in progress; and WHEREAS, the City Council and Staff members have thoroughly reviewed and analyzed the proposed budget in order to determine the needs of the City of Grand Terrace; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE,DECLARE, AND ORDER AS FOLLOWS: Section 1. That a budget for Fiscal Year 2006-2007,a copy of which is on file in the City Clerk's Office, is hereby adopted for the City of Grand Terrace with estimated revenues of tw' $10,660,130, and total appropriations of$8,217,241. Section 2. That the City Clerk is hereby directed to forward a copy of this Resolution and the adopted Fiscal Year 2006-2007 Budget to the Auditor-Controller of the County of San Bernardino. ADOPTED this 251h day of May, 2006. ATTEST: City Clerk of the City of Grand Terrace Mayor ofthe City of Grand Terrace Terrace and of the City Council thereof and of the City Council thereof STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM O COUNCIL ITEM (X) MEETING DATE: May 25,2006 SUBJECT: FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITE'MANAGER FUNDING REQUIRED: YES (X) NO () At the City of Grand Terrace Council meeting of May 11,2006 the City Manager received his bi-annual evaluation. The Council Members met in closed session and evaluated the City Manager's performance. After discussion the City Council agreed to authorize the First Amendment to the Employment Agreement for the City Manager. STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL AUTHORIZETHE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY MANAGER. �.= rDA 6 TMrw, Eve I I FIRST AMENDMENT TO THE I EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY MANAGER 1. Parties and Date I This FIRST AMENDMENT(hereinafter referred to as "First Amendment") is made and entered into this 251h day of May 2006 by and between the CITY OF GRAND TERRACE (hereinafter referred to as "City" and THOMAS J. SCHWAB (hereinafter referred to as "City Manager). 2. Recitals i 2.1 On or about July 13,2000, City and City Manager entered into an Employment Agreement (hereinafter referred to as "Employment Agreement") setting forth the terms and conditions for management services to be provided by the City Manager to the City. I 2.2 City and City Manager desire to amend the provision of the Employment Agreement relating to the salary and benefits. 3. Agreement 3.1 The Employment Agreement is amended in its entirety to read as follows: Sa ga A. The City Manager's base annual salary shall be $150,000 per year. B. To the extent the Agreement is in effect at the time, effective each April, a merit salary adjustment shall be made for the change in the cost of living for the most recently published twelve (12) month period, as shown by the U.S. Department of Labor Bureau of Labor Statistics, Los Angeles-Riverside-Orange Co. —Consumer Price Index for Urban Wage Earners and Clerical Workers. C. In the event of involuntary separation the City shall continue to provide his existing medical insurance coverage for one year. D. Upon separation of employment, the City shall provide payment of one hundred percent (100%) of accumulated sick leave. 3.2 Except as amended by this First Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of City and City Manager under this First Amendment. I i IN WITNESS WHEREOF,the parties have executed this Agreement as of the 25th day of May, 2006. CITY MANAGER By: Thomas J. Schwab City Manager CITY OF GRAND TERRACE By: Maryetta Ferre' Mayor, City of Grand Terrace ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8.112 OF THE GRAND TERRACE MUNICIPAL CODE AND REGULATING THE SALE AND DISCHARGE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES.HEREBY ORDAIN i AS FOLLOWS: Section l. Chapter 8.112 of the Grand Terrace Municipal Code is hereby amended to read as follows: 8 112 010 Dates and hours of sale and discharge. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold within the City during the period of June 28ffi through July 41h, 12:00 noon - 9:00 p.m. and the discharge dates are June 28`h through July 4`h, 12:00 noon - 11:00 p.m. pursuant to the provisions of this chapter and not otherwise. 8 112.020 License Required. Except as provided in this chapter,it is unlawful for any person to offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor. This chapter shall supercede Uniform Fire Code Section 78.102 as to safe and sane fireworks. 8.112.030 License _,Land use application -Public liability insurance..All applications for a license to sell fireworks shall: A. Be made in writing accompanied by a license fee of fifty dollars and a land use application fee of thirty-three dollars submitted to the community and economic development department. The fees are not for the purpose of revenue,but will be used to defray the costs of application processing, inspection and supervision. A 3% surcharge will be paid to the City as partial reimbursement for extra law enforcement. B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in the commercial and industrial or manufacturing zones and the written permission of the owner of record or lessee must accompany the application according to Zoning Code Section 18.73.211, Temporary Uses Allowed. C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thousand/three hundred thousand dollars public liability and fifty thousand dollars property damage insurance policies with riders attached to the policies designating the City as an additional insured under this chapter, and a copy of the requisite permit from the State Fire Marshal. -1- 9 M5,2� �"c D. Be routed to the Fire Chief,Building and safety Director, and the Sheriff's Department via the Land Use Application. The community and Economic Development Department will evaluate the location of the fireworks stand and related issues. 8.112.040 License-Prerequisites to Issuance. The following qualifications must be met by each applicant for a license issued under this chapter: A. No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for youth sports. B. Each such organization must have its principal and permanent meeting place in the corporate limits of the city and must have been organized and established in the city's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least one hundred fifty members. C. No organization may receive more than one license for fireworks sale. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to this chapter shall be one. 8.112.050 Suspension of license-Appeal procedure A. The fire chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule,regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the fire chief or his designee establishes that a violation has occurred too late to suspend the license during the period of sale, he shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the fire chief or his designee to suspend the license of any licensee shall be subject to review by the city manager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee,citymanager or his designee,and the representative of the fire chief can schedule a meeting for such review. 8.112.060 Operation of stand. i A. It is unlawful for the licensee organization to permit any person other than the licensee organization to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. B. It is unlawful for the licensee organization to permit any person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks at such stand. C. It is unlawful for the licensee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand. -2- 8.112.070 Temporary fireworks stands. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions: A. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. B. Fireworks stands need not comply with the provisions of the building code of the city; provided,however,that all stands shall be,erected under the supervision of the building and safety director,who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. C. No stand shall have a floor area in excess'of three hundred square feet. D. Each-stand in excess of twenty-four feet in length must have at least two exits. Each stand in excess of forty feet in length must have at least three exits spaced approximately equidistance apart;provided,however,that in no case shall the distance between exits exceed twenty-four feet. E. Each stand shall be provided with two two-and-one-half,gallon soda-and-acid or water, pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. F. Posters of current notices and fines need to be posted and copies of the rules and fines handed out. 8.112.080 General requirements for licensees. f A. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. B. "No smoking" signs shall be prominently displayed on the-fireworks stand. C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden. D. The sale of fireworks shall not begin before 9:00 a.m. on the 1 st day of July and shall not continue after 9:00 p.m. on the 4`h day of July. E. All unsold stock and accompanying litter shall be removed from the location by five p.m.on the 6`h day of July. F. The fireworks stand shall be removed from the temporary location by twelve noon on the 8` day of July, and all accompanying litter shall be cleared from the location by said time and date. 8.112.090 License fee and land use application fee. The license fee for the selling of fireworks within the city shall be eighty-three dollars(fifty dollars plus thirty-three dollars)per year per stand,which fee must be paid at the time application for a stand is filed with the community and economic development department. 8.112.100 Temporary sales tax permit required. Organizations licensed for the selling of -3- I fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization. 8.112.110 Display of license and sales tax permit. The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. 8.112.120 Permissible locations for discharge. The use of fireworks in the city shall be limited to private property. No fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant properties, in a public street right-of-way or public parks. 8.112.130 Prohibition on discharge. It is unlawful for any person to ignite, explode,project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof,upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. Fireworks shall not be discharged within two hundred feet of any dry grass or brush-covered land. 8.112.140 Fireworks defined. Fireworks shall be defined as set forth in Section 9.108 of the Uniform Fire Code. I Section 2. Effective Date-This Ordinance shall be in full force and effect at 12:01 a.m. on the 3 1"day of its adoption. Section 3. Posting-The City Clerk shall cause this Ordinance to be posted in three(3)public places within fifteen(15)days of its adoption, as designated for such purposes by the City Council. S ection 4. First read at a regular meeting of the City Council of said City held on the 11`t'day of May and finally adopted and ordered posted at a regular meeting of said City Council on the 25`h day of May, 2006. i Mayor of the City of Grand Terrace and of the City Council thereof. Attest: Brenda Mesa, City Clerk i I i -4- STAFF REPORT CRA ITEM O COUNCIL ITEM (X) MEETING DATE: May-25, 2006 SUBJECT: Resolution.Adopting City Council Procedures On May 12,2005 the City Council voted to create an Ad Hoc Committee to review the current City Council Procedures Handbook which was adopted in 1982. The Committee reviewed the document and is recommending the changes noted on the attached draft. The committee amendments have been reviewed by the City Attorney and his comments have also been incorporated into the Document. Staff Recommends Council: Consider the amendments to the City Council Procedures Handbook and direct Staff to make any amendments necessary. 7'` L C �,C � 17 fir« C,0.. j(� i i I , I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA REPEALING RESOLUTION 82-51 AND ADOPTING CITY COUNCIL PROCEDURES WHEREAS, the City Council of the City of Grand Terrace has deemed it desirable to amend the procedures -to govern the conduct of its meetings and any of its other functions, activities, and regulations pertaining thereto; NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby adopt the City Council Procedures attached•hereto and incorporated herein as Exhibit "A"; BE IT FURTHER RESOLVED by said City Council that the intent of adopting the City Council Procedures shall be to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. APPROVED and ADOPTED this 251h day of May, 2006. i i i MAYOR i ATTEST: I I I CITY CLERK (SEAL) APPROVED AS TO FORM: I i CITY ATTORNEY 1 i 1 I - MEETINGS 1.1 REGULAR MEETINGS - The Regular City Council Meetings are held on the second and fourth Thursdays of every month beginning at 56:3-600 p.m. meetingWhen the day of a regular falls on a legaf hofiday, the meeting shalf be Conducted at the same hour on the next stieceeding Thutsday unfess otherwise specified. 1.2 ADJOURNED MEETINGS -Any regular or adjourned meeting maybe adjourned to a time,place, and date certain,but not beyond the next regular meeting. .1.3 SPECIAL MEETINGS -S&jss ecial meetings maybe called-at any time by the Mayer or-fliree eouneffinembers by written notiee, to be provided to presiding officer of the legislative body of a local agency, or by a maiority of the members of the legislative bodv. by delivering written notice to each member of the legislative bodv and to each local newspaper of,zeneral circulation and radio or television station requesting notice in writing. The notice shall be delivered personally, by fax or e-mail or by anv other means and shall be received at least 24 hours before the time of the meeting as specified in.the notice. The call and notice shall specify the time and place of the special.meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative bodv. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes .files with.the clerk or secretary of the legislative bodv a written waiver of notice. The waiver may be given by telegram, fax or e-mail. The written notice may also he dispensed with as to anv member who is actually present at the'meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting. Only matters contained in the notice Ma bt-consideted. No ordinance (except b ency ordinances) nor Orders f6r payment o money may be adopted at a speciaf b' meeting dating his ut her absence from tale Erty. in a location that is freely accessible to members of the public. 1.4 EMERGENCY MEETINGS -In the case of an.einergencv situation involving matters upon which prompt action is necessary due to the disruption or threatening disruption of public facilities. a legislative bodv may hold an emergencv meeting without complying witli either the 24-hour notice.requirement or the 24-hour posting requirement of Government Code Section 54956 or both of the notice and posting,requirements. 1.5 CLOSED SESSIONS -MATTERS OF DISCUSSION - All meetings of the Council Shall be open to the public; however, the Council may hold Closed Sessions, from which the public maybe excluded, for consideration of the following subjects: 5/11/06 -1- i a. i I / Personnel, e _ 'J a'_ _ _1`the appointment. employment, 4 dismissal of t i1 eityManaeer. contracted staff or set-vices. and other versonliel matters disciplin Personnel aiso includes tneeffim wiffi the 6ity's desiziated representatives prior or durhm discussion with empiovee organizations reszardinf.'salaries or I benefits to employees in order to review its position and instruct its des enreseli Personnel I I b. Pending litigation: C. Existing litigation; i j d. Threatened or anticipated litigmtion aizainst the local agency; I C. Potential litigation in _ a. Real'estate neVotiations: Labor negotiations; I _ I L-56 CLOSED SESSIONS - REPORT OF ACTION/STATEMENT OF REASONS - The City Council shall publicly report at the same meeting or the next meeting any action taken, and the roll call vote thereon, to appoint, employ, or dismiss a public employee arising out of any Closed Session. I I I i i i i i I 5/11/06 -2- Prior to or after a Closed Session, the Council shall state the general reason or reasons for the Closed Session. The Council may consider only those items covered in the statement. 1.67 QUORUM- A majority of the Council (three members) shall be sufficient to do business. In the absence of afia majority of the Councilmembers from a regular or adjourned meeting, the City Clerk may declare the meeting adjourned to a stated,day and hour. Motions may be passed by a 2-1 vote if only three Members are present. However, the following matters require a minimum of three affirmative votes: a. Ordinances (emergency ordinances require four affirmative votes); b. , b. Orders for payment.of money._ C. Selection of Presiding Officers, 5/11/06 -3- H ORDER OF BUSINESS 2.1 Agenda - The order of business of Council meetings will be listed in the Agenda prepared by the City Clerk. The Council will follow the order of business in the prepared Agenda; items of audience interest or special interest may be taken out of order by the Mayor or by a majority consentvote of the Council. The Agenda will be posted in three public places designated by Council for such purpose, and will be available for public review at City Hall prior to regular meetings. All Agenda packet material will be available for review at City Hall and at Council Chambers. The des.i,,rnated public places for posting the agenda are the Civic Center Fover. Library and the Senior Center. Consent Calendar- Consent Calendar items are considered by Council to be routine and will all be enacted by one motion in the form listed. There will be no separate discussion of these items prior to the time the Council votes on the motion to adopt, unless members of the Council, Staff, or the public request specific items discussed and/or removed from the Consent Calendar for separate action. The Check Register will routinely appear on the Consent Calendar. Public Comment - This .is the opportunity for members of the public to comment on an,v items not appearing on.the.regular agenda. Because of restrictions contained in California Law. the City Council is prohibited from discussing or acting on anv item not on the agenda. The mavor may request a brief response from staff to questions raised during public comment. 2.2 AGENDA DEADLINE - Any citizen may request to have an item placed on the Agenda by advising in writing the City Clerk's Office no later than 12.80 noon the Wednesday o the week14 calendar days preceding the meeting. The City Clerk will provide copies of the request to Councilmembers prior to the next Council meeting; however, it is the City Manager's or maiority of Council's discretion whether to place the item on the next regular Agenda. 2.3 CALL TO ORDER- The meeting of the Council shall be called to order by the Mayor or, in hishis/her absence, the Mayor Pro Tem. (See Section 3.1 for absence of Mayor and Mayor Pro Tem.) In the absence of all Councilmembers, the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour. The meetings will be opened with invocation and the Pledge of Allegiance. 2.4 ROLL CALL - A roll call of Mayor and Councilmembers will be held by the City Clerk, who enters the names of those present and those absent in the Minutes. i 5111106 -4- 2.5 ABSENCE-OF CITY CLERK- If the City Clerk is absent from a Council meeting, the Deputy City Clerk acts in the Clerk's behalf. If there is no Clerk or Deputy present, the Mayo-City Manager shall appoint a eo nncilmeni ---stafEmember to serve as City Clerk Pro Tem. 2.6 PREPARATION/APPROVAL OF MINUTES -It is the City Clerk's responsibility to maintain a record (Minutes) of Council meetings. The Clerk shall have exclusive responsibility for 5/11/06 -5- i i preparation of the Minutes, and any directions for changes in the Minutes may be made only by Council action. In order to maintain a full and true Minute record, the Minutes shall consist of a clear and concise statement of each and every Council action including motions made and the vote thereon. Items may be included if considered to be particularly relevant or otherwise necessary by the Clerk. Action Minutes versus the extent of discussion for inclusion in the Minutes will be the discretion of Council. Any Councilmember may specify reflection of statements in the Minutes by indicating"for the record." 2.7 PUBLIC HEARINGS - The following procedure is suggested by the Eeagi ^_'_`'__nia ei`=-O for conducting public hearings: a. Precede the hearing by a statement from the Mayor setting forth the nature of the public hearing and the rules; b. Staff presentation and recommendation; 0. The pubfir,hearing is declared open by,the Mayor, mid s 1. Applicant Presentation, if any; 2_Speakers are invited to address the Council, stating name and address; (1) Applicant, if any; (2) Speakers in stipport of item; (3) Speakers in opposition of in the fbilowing order. uttal, if necessary, �. Applicant Rebuttal. if any: 4. The.Mavor shall.declare the public hearing closed; C. All Councilmembers should refrain from asking questions or in any way interfering with the "audience participation"portion of the public hearing; d. After the Mayor has declared that the " "portion of ! flre up blic hearing has concluded, the Councilmembers may ask questions, and the audience will be precluded from participation other ffian to answer questions or to introduced;rebut new evidence f The Mayor shalf declare the public hearing closed-, e. Following discussion, the Mayor will ask for a motion regarding the subject at hand. 2.8 RESOLUTIONS Adoption of resolutions r"Juil�., a 11.illuni-am of three affinnative votes - and ecomes eff-ecti-ve upon . It is not necessary to read resolutions in their i entirety unless specifically requested. 5/11/06 -6- Resolution Not Prepared in Advance: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney to prepare a resolution for presentation at the next Council Meeting. Urgency Resolutions: In matters of urgency, a resolution may be presented verbally with specific instructions for written preparation. After the resolution has been verbally stated, the resolution may be adopted by three affirmative votes. Urgency resolutions shall be avoided except when absolutely necessary. 2.9 ORDINANCES - Ordinances require a first and second reading, and must be read in ;—� their entirety by the City Clerk or other designated person unless waived by unanimous consent of the Council. Council will approve the introduction, or first reading, of the ordinance, by title only (unless read in its entirety), and the second reading and public hearing will then be set for the following Council meeting. With the exception of urgency(emergency) ordinances,no ordinance shall be adopted by the Council on the date of introduction, nor within five days thereafter, nor at any time other than a regular or adjourned meeting. An ordinance must be adopted by at least three affirmative votes, and becomes effective 30 days thereafter(an.urgency ordinance requires a minimum of four affirmative votes and becomes effective immediately,Ref: Sec.. 2.10). If an ordinance is altered after first reading, a motion for an amended first reading is required. The ordinance shall not be considered for adoption until five days thereafter. Correction of a typographical or clerical error does not constitute alteration of the ordinance. 2.10 URGENCY ORDINANCES (EMERGENCY) -Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, or safety and containing a statement of reasons for the urgency, may be introduced and adopted at the same meeting. An urgency ordinance must be adopted by at least four affirmative votes, and becomes effective immediately. 2.11 NON-AGENDA ITEMS -No matters other than those appearing on the Agenda will be acted upon by the Council except matters deemed to be of urgent nature uponeouneff consensttsrequiring action prior to the next regular meeting Mn Council action with 4/5 vote and-oost:.inu 72 hours prior was not possible. 2.12 ADJOURNMENT -Adjournment of the meeting to the next regular meeting does not require a motion. A motion is required to adjourn a meeting to an adjourned meeting specifying the date, time, and place of said adjourned meeting. 5/11/06 -7- i III PRESIDING OFFICER i 3.1 PRESIDING OFFICER- The Mayor shall be the Presiding Officer at all meetings of r the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. The terms "Presiding Officer," "Mayor," and "Chair" shall be used interchangeably within this manual. 3.2 PARTICIPATION OF PRESIDING OFFICER- The presiding Officer is primarily responsible for the conduct of the meeting; may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers; and shall not be deprived of any such rights and privileges. i 3.3 QUESTION MOTION TO BE STATED - The Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. Following the vote, the Presiding Officer shall announce whether the motion carried or was defeated. In cases where the action of the Council may be unclear for those in the audience, the Mayor shall summarize the action of the Council before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENT - Subject to Council policy, the Mayor shall sign ordinances, resolutions, and contracts approved by the Council at meetings at which he is in attendance. In the event of his absence, the Mayor Pro Tem shall sign all such documents adopted and approved by Council. 3.5 MAINTENANCE OF ORDER- The Mayor is responsible for the maintenance of order and decorum at all times. No person shall be allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. i i I I i I I I i 5/11/06 -8- IV RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER- The Presiding Officer shall determine all Points of Order subject to the right of any Councilmember to appeal to the Council. If any appeal is taken, the question shall be, "shall the decision of the Presiding Officer be sustained?" In this event, a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER- COUNCILMEMDERS 1 a. Every Councilmember desiring to speak shall address the Chair and, upon. recognition by the Mayor, shall confine himself to the question under debate. b. Every Councilmember desiring to question the administrative staff shall address questions to the City Manager or City Attorney,who shall be entitled to either answer the inquiry or designate a member of staff for that purpose. C. A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Mayor, unless a point of order is raised by another . Councilmember, or the speaker chooses to yield to questions from another Councilmember. d. A Councilmember who is called to order while speaking shall cease speaking until the question of order.is determined. If ruled to be not in order, the L-- Councilmember shall remain silent or shall alter the remarks so as to comply with rules of the Council. e. Councilmembers shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. f. Any Councilmember may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of the Council shall require the Mayor to so act. 4.3 DECORUM AND ORDER-EMPLOYEES - Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City Employees observe such decorum. Any Staff member, including the City Manager, desiring to address the Council shall first be recognized by the Chair. All remarks shall be addressed to the Chair, and not to any one individual Councilmember or public member. 5111106 -9- 4.4 DECORUM AND ORDER-PUBLIC - The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council. i 4.5 PERSONAL INTEREST -No Councilmembers prevented from voting by personal interest shall remain at the Council dais during the debate and vote on any such matter. In the event of such conflict, the Councilmembers shall state for the record the grounds and leave the Council dais during debate on issues. 4.6 LIMITATION OF DEBATE -No Councilmember shall be allowed to speak more than once upon any one subject until every other Councilmember choosing to speak has spoken. Merely asking a question or making a suggestion is not considered as speaking. 4.7 DISSENT AND PROTEST -Any Councilmember shall have the right to express dissent from, or protest to, any action of the Council and request that the reason be entered into the Minutes. 4.8 PROCEDURES IN ABSENCE OF RULES -In the absence of a rule to govern a point of procedure, Roberts Rules of Order shall govern. i I 5/11/06 -10- -V ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL -Any person desiring to address the Council will raise his or her hand and wait to be recognized by the Mayor, and after being recognized shall proceed to the podium, or microphone, and state for the record his or her . name and address. Remarks,are to be limited to the question under discussion. 5.2 TIME LIMITATION-Any public member addressing the Council shall.limit his �— address to three (3) minutes unless further time is granted by the Mayor or majority of the Council. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesman.be chosen to represent -the group, so as to avoid unnecessary repetition. A sneaker may not vield time to another 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE -After a motion has been made,no person shall address the Council,without securing permission by a majority consensus of the Council. 5.4 WRITTEN COMMUNICATION -Unless specifically requested otherwise, the City Manager is authorized to receive and open.all mail addressed to the City Council and take any immediate administrative action required between Council meetings, which does not require specific Council action. Any communication requiring Council action will be reported to the Council at the next possible meeting, together with a report and -recommendation of the City Manager. 5/11/06 -11- VI MOTIONS 6.1 PROCESSING OF MOTIONS - When a motion is made and seconded, it shall be restated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the Councilmember seconding it and the approval of Council. 6.2 DIVISION OF MOTION - If a motion contains two or more divisionable propositions, the Mayor may, and upon request of a Councilmember shall (unless appealed by another Councilmember), divide the motion. 6.3 PRECEDENCE OF MOTIONS - When a motion is before the Council, the ordinary motions rank as follows - the lowest at the bottom and the highest at the'top of the list: When any one of them is immediately pending, the motions shown above it are in order, and those below are out of order. Those marked (2/3) require a 2/3rd affirmative vote for their adoption, the others require only a majority vote: a. Adjourn; b. Recess; C. Lay on the Table; d. Previous Question (2/3); e. Limit or extend debate (2/3); f. Postpone to a certain time; g. Refer to committee or staff; h. Amend; i. Postpone indefinitely. The above order of preference is subject to the following restrictions: a. A motion shall not be in order when the previous question has been ordered; i b. A motion shall not be in order while a vote is being taken. PARTICULAR MOTIONS, PURPOSE, AND CRITERIA (1) Motion to Adjourn: Purpose - To terminate a meeting. 5/11/06 -12- Debatable or Amendable -No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned. The motion to adjourn shall be in order at any time except as follows: (a) When repeated without intervening business or discussion; (b) When made as an interruption to a Councilmember speaking; (c) When the previous question has been ordered; r (d) While a vote is being taken. (2) Motion to Recess: Purpose - To set aside, temporarily, a pending main motion to consider other business. The intent of this motion is not meant to postpone action. A motion to "Take Off the Table"must be made later in the same or next regular meeting or the motion is lost. Debatable or Amendable -It is debatable,but not amendable. (4) Motion for Previous Ouestion (Motion): Purpose- To prevent or stop discussion on the pending question or questions and to bring such question or question to vote immediately. If the motion fails, discussion shall continue. If the motion passes, a vote shall be taken on pending motion or motions. Debatable or Amendable-No. (5) Motion to Limit or Extend Debate: Purpose - To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion. Debatable or Amendable -Not debatable; amendments are restricted to period of time of the proposed limit or extension. 5111106 -13- (6) Postpone to a Certain Time: Purpose - To Defer action to a specific subsequent meeting. Debatable or Amendable-Yes. (7) Motion to Refer to Commission or Staff: Purpose - To refer the question before the Council to a commission or to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable -Yes. (8) Motion to Amend: Purpose- To modify or change a motion that is being considered by the Council so that it will express more satisfactorily the will of the members. If there are two amendments, the second amendment is voted upon first - if it carries, it automatically cancels the first amendment, and then the vote is taken on the amended motion. Am amendment motion relating to a different matter shall not be in order. Debatable or Amendable - Yes. (9) Postpone Indefinitely: Purpose - To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting. j Debatable or Amendable - It is debatable but not amendable. (10) Main Motion: Purpose -The primary proposal or question before the Council for discussion and decision. Debatable or Amendable - Yes. 5111106 -14- VII VOTING 7.1 VOTING PROCEDURE -Motions will be adopted by either voice or roll call vote. The results of the vote shall be entered in full in the minutes. 7.2 VOTING- Every ordinance,resolution, and payment of money requires three affirmative votes. Emergency ordinances require four affirmative votes. Unless otherwise advised by the City Attorney, all other actions of the Council require a majority vote of the Councilmembers present. 7.3 EAILURE TO VOTE -Every Councilmember should vote unless disqualified for a personal conflict of interest or for cause accepted by the Council or by opinion of the City Attorney. Self-disqualification, without cause, which results in a tie vote shall be avoided;'but no Councilmember shall be forced to vote. A Councilmember who abstains shall, in effect, consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered. 7.4 RECONSIDERATION -After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner: ! Reconsideration: A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the,same meeting or at the next regular council meeting following the action. The motion can be made by any Councilmember who voted affirmatively on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.. *motion to reseind (repeal, cancel, ntitiify)prior eouncil aetion 011 aillaill .1110tion Shall be in order at miy ineeting of the ectmeii. The effect of reseinding prioreo-ancil action shali operate prospectively only, and not retroactiveiy to the date of the original actioi That is, it shali not operate to adversely aff-ect intervening legai rights which create an estoppel sittiation. and. rehear the ori.einal subiect. Lost Motion: A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. A tie vote which has resulted from there being present less than a full council shall be automatically reconsidered at the next council meeting-at 5111106 -15- which all members are present. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider(discussed above). N 5/11/06 -16-