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04/25/2017 i CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS SUCCESSOR AGENCY MINUTES • APRIL 25, 2017 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road CALL.TO ORDER The City Council and City Council as the Successor Agency to the Community Redevelopment Agency convened at 6:00 PM. INVOCATION Invocation was given by Father Andrew Lesko, from the San Bernardino County Sheriff's Department, PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Council Member Wilson Attendee Name Title Status Arrived_ Darcy e or McNabo —�� Ma — Present ._ -_--y- _. . _ . -- Sylvia Robles ! Mayor Pro Tern - - --- r- Present_ Doug Wilson Council Member Present -- . -- - - --- - -- - ---- -- - Bill Hussey _ a Council Member Present Brian Reinarz Council Member Present G. Harold Duffey. I City Manager Present ' Pat Jac uez-Nares _CitV Clerk Absent Richard Adams ( City Attorney Present Linda Phillips ! Child Care Absent Alan French Public Works Director ; Present Sandra Molina Planning & Development Services i Present Director Cynthia A. Fortune I Assistant City Manager Present A. SPECIAL PRESENTATIONS Presentation and awards by the Sheriff's Department and the City Council to those citizens who assisted law enforcement in providing information leading to solving crimes. B. CONSENT CALENDAR 1. Waive Full Reading of Ordinances on Agenda City of Grand Terrace Page 1 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 , RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Brian Reinarz, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Bill Hussey, Brian Reinarz DEPARTMENT: CITY CLERK .2. Certificate of Acknowledgment to Citizens To acknowledge and give thanks to those citizens who provided pertinent information to law enforcement that led to solving crimes per City Council Policy for Presentation of Certificates, Commendations, Proclamations, Plaques and Other Recognition Awards adopted on August 9, 2016. DEPARTMENT: CITY MANAGER -3. Adoption of a Resolution to Apply for, and Accept, if Awarded, Funds from the California Natural Resources Agency's Urban Greening Grant Program ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM AND ACCEPTING, IF AWARDED, SAID GRANT 5. Monthly Financial Report for February-2017 RECEIVE AND FILE THE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING FEBRUARY 28, 2017 . 6. Program Supplement Agreement between the. City of Grand Terrace and State of California (Caltrans) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING A PROGRAM SUPPLEMENTAL AGREEMENT BETWEEN THE CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION 4. Award of April 2017 Community Benefit Funds to Grand Terrace Youth Football and Cheer APPROVE THE AWARD OF $2,000 FROM THE CITY'S COMMUNITY BENEFITS FUND TO GRAND TERRACE YOUTH FOOTBALL FOR EQUIPMENT AND UNIFORMS FOR G-FORCE FLAG FOOTBALL. City of Grand Terrace Page 2 Minutes Grand Terrace City Council and Successor Agency. April 25, 2017 City Manager G. Harold Duffey presented and summarized the staff report on the award for the Grand Terrace Youth Football Program. Council Member Hussey asked if Grand Terrace Youth Football is a non-profit organization. City Manager Duffey stated he would check with Assistant City Manager Cynthia Fortune, but it was not a requirement. Council Member Hussey asked if the grant would directly,benefit the youth. City Manager Duffey confirmed.it did. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Council Member SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Bill Hussey, Brian Reinarz C. PUBLIC COMMENT Stephanie Estrada, Grand Terrace stated while walking at Mount Vernon and DeBerry, she saw two students who were almost struck by vehicles and that she has been volunteering her time as a crosswalk guard. D. CITY COUNCIL COMMUNICATIONS Council Member Brian Reinarz Council Member Reinarz said he was encouraged by tonight's meeting with the positive actions from the community. Council Member Bill Hussey Council Member Bill Hussey thanked everyone who came to the meeting. He spoke about the great turn-out of volunteers and staff who came out the past Saturday to pick up trash. He summarized a League of California Cities meeting he attended at the San Bernardino County Sheriff's training academy. Council Member Doug Wilson No comment. Mayor Pro Tern Robles Mayor Pro Tern Sylvia. Robles thanked Ms. Estrada for volunteering as a crosswalk guard.. She spoke about the budget targets at the last Omnitrans meeting. City of Grand Terrace Page 3 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 Mayor Darcy McNaboe Mayor McNaboe spoke about the April 12th General Policy meeting for the San Bernardino County Transit Authority. She talked about the April 18th tour for the Blue Mountain trailheads and grant. She said on Thursday of the prior week she and City Manager G. Harold Duffey met with Mayor De La Rosa and City Manager Bill Smith from Colton to talk about common issues. She also attended the Grand Terrace Clean-' Up Day and thanked the volunteers, staff and Assembly Member Reyes. E. PUBLIC HEARINGS 7. Conduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter 18.83, Conditional Use Permits of the Zoning Code City Attorney Richard L., Adams, II stated for this record this revocation hearing was a quasi-judicial proceeding. Planning and Development Services Director Sandra Molina presented the PowerPoint presentation for this item. Council Member Hussey asked if the Fire Department had estimated how long a fire would burn at this location, the radius and if an evacuation order would be made. Director Molina said that question had not come'up during the Planning Commission meeting. Battalion Chief Lasiter addressed'this question and noted there were approximately 75,000 to 100,000 tires on site and would present a large fire. Council Member Reinarz asked Director Molina if there was back-and-forth communication with the business owner and what was their response. Director Molina stated they had conversation with the business owner in March and April 2017 and he wanted to modify his business plan to include a permanent tire shredder but staff could not approve that until he became compliant before allowing an intensification of use. There was a discussion regarding a possible grant to assist in gaining compliance. Council Member Reinarz asked if the business owner had rectified the approximately $13,000 in citations Director Molina responded not the business owner, but the property owner was paying the citations. Council Member Wilson asked the Battalion Chief if the Fire Department had the ability to take care of an immediate hazard to life. City of Grand Terrace Page 4. Minutes Grand Terrace City Council and Successor Agency April 25, 2017 Chief Lasiter said they had been giving notice of violations, and the business owner has been working towards compliance but very slowly. Council Member Wilson asked how hot a fire like this would burn and the gas released from the fumes, and was told it would be extremely hot, with temperatures around 1,000 to 1,200 degrees. There would be a lot of hazardous toxins released. Council Member Wilson asked if the prevailing winds would cause a hazard to the residents or businesses. Chief Lasiter stated yes. Council Member Wilson asked if there was any chance of spontaneous combustion. Chief Lasiter said it was low because the tires were not made of an organic compound. Mayor McNaboe asked why the tire limit in the CUP was capped at 499 tires. Director Molina stated caps were set by CalRecycle. Chief Lasiter said the fire code limits the pile size for this location from 50 feet in width and they would allow a much greater number. >-- Council Member Hussey asked if the State of California could offer any financial assistance from the disposal fees they collected. Director Molina said she was not familiar with any programs and the business'owner had only asked for City assistance. Council Member Hussey said he believed this was a State problem. City Manager G. Harold Duffey said the State would most likely not offer assistance while the business was out of compliance and that the business owners owed .approximately $140,000 in fines. City Attorney Adams informed the City Council their decision was final pursuant to Sections 1094.5 and'1094.6. PURSUANT TO THE RECOMMENDATION OF THE PLANNING COMMISSION, CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REVOKING ADMINISTRATIVE CONDITIONAL USE PERMIT 05-07 PURSUANT TO SECTION 18.84.070 (REVISIONS AND MODIFICATIONS) AND SECTION 18.83.080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE f; \J, City of Grand Terrace Page 5 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Bill Hussey, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Bill Hussey, Brian Reinarz F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 8. Award Contractor Agreement to Pavement Coatings Company for Street Slurry Seal Project Public Works Director Alan French gave the PowerPoint presentation on this item. Council Member Wilson wanted to commend staff on a properly written scope of work. He asked if this was considered a lump sum bid. Director French responded yes. 1. AWARD A CONTRACTOR AGREEMENT TO PAVEMENT COATINGS W COMPANY FOR STREET SEAL PROJECT 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY CHANGE ORDERS RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Brian Reinarz, Council Member, AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Bill Hussey, Brian Reinarz 9. Update Ordinance for Revoc r able Encroachment Permits ,Public Works Director Alan French gave the PowerPoint presentation for this item. Council Member Wilson asked about obstructions in the public right-of-way. Director French confirmed that was illegal. Council Member Wilson asked if this was a way to get around the County and current City regulations, and this was a non-conformance issue that will lead to problems for the City with no advantage. Director French said the advantage to the City would be increased beautification at the curb line in residential developments and areas. Council Member Wilson expressed concern about the possible impediments and enforcement issues and overall liability. City of Grand Terrace Page 6 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 Director French said if it was far enough away from the street and the line-of-sight then there would not be an issue of people driving over a sidewalk and hit something. City Manager G. Harold Duffey clarified the reasons why the City was pursuing this ordinance. Mayor McNaboe asked if there was any liability for those who did not have a permit in the past and built in the public right-of-way. City Manager Duffey said people are not to build in the public right-of-way. He said the most serious issues were mailboxes. Council Member Wilson said he disagreed this would release the City from liability. He suggested applicants be required to make an agreement that releases City liability, pay a bond, and have a rider on their homeowner's insurance that this was covered. Director French said the process does include an agreement that is recorded against the property. City Attorney Richard L. Adams, II said the process also requires homeowner's insurance. Council Member Hussey said several years ago he personally had approval by the City to place a retaining wall"on his property that encroached in the public right-of-way. He said he believes this permit would be a step in the right direction and gives the City control. Mayor Pro Tern Robles said this item has already been brought before City Council and she was tired of having continuous discussions on items already brought forward and this should now be a public hearing. City Manager Duffey said this was the correct way to move an ordinance forward prior to having a public hearing. Mayor McNaboe asked about a slide in the presentation and a planter around a tree, and if this has been approved under a revocable permit if part of the permitting process would include review of the tree type and planter materials. Director French said conferring with Planning was part of the process. 1. CONDUCT A PUBLIC HEARING; AND 2. FIND THAT THE ORDINANCE IS CATEGORICALLY EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE SECTION 15301 (CLASS 1) 3. WAIVE FURTHER READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIATO AMEND SECTION 12.04.060 (REQUIRED WHEN) AND ADD CHAPTER 12.10 (REVOCABLE ENCROACHMENT PERMIT) TO TITLE 12 (STREETS, SIDEWALKS &AND PUBLIC PLACES) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO PARKWAY ENCROACHMENTS . City of Grand Terrace _ Page 7 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 RESULT: APPROVED I MOVER: Bill Hussey, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Brian Reinarz NAYS: - Doug Wilson 10. Revised 2011 Bond Proceeds Expenditure Agreement City Manager G. Harold Duffey gave the PowerPoint presentation for this item. 1. THE CITY COUNCIL ON BEHALF OF THE CITY AND THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY ON BEHALF OF THE SUCCESSOR AGENCY APPROVE THE REVISED BOND PROCEEDS EXPENDITURE AGREEMENT FOR THE EXPENDITURE OF EXCESS 2011 TAX ALLOCATION BONDS BETWEEN THE CITY OF GRAND TERRACE AND THE GRAND TERRACE SUCCESSOR AGENCY IN THE AMOUNT OF $289,015 2. THE CITY COUNCIL ADOPT RESOLUTION 2017-CC-XX; AND 3. THE SUCCESSOR AGENCY BOARD ADOPT RESOLUTION 2017-SA-XX. I RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member j f SECONDER: Bill Hussey, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Bill Hussey, Brian Reinarz I 11.CLEAN STREET SWEEPING SERVICES 8 MONTH REPORT Planning and Development Services Director Sandra Molina gave the PowerPoint presentation for this item. This was a receive and file item. H. CITY MANAGER COMMUNICATIONS City Manager G. Harold Duffey gave a PowerPoint presentation providing an update on SB1 and the new gas tax that was passed and its fiscal impact to the City, as well as the scheduled guided tour of the Grand Terrace Midas Bus Tour. I. CLOSED SESSION — NONE f City of Grand Terrace Page 8 Minutes Grand Terrace City Council and Successor Agency April 25, 2017 J. ADJOURN - The next City Council Meeting will be held on Tuesday, May 9, 2017 at 6:00 p.m. kayothe Ci rand Terrace City Clerk of the City of Grand Terrace City of Grand Terrace Page 9