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05/24/2016 1 CITY OF GRAND TERRACE CITY COUNCIL MINUTES • MAY 24, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road CALL TO ORDER Mayor McNaboe called the meeting to order at 6:00 p.m. Invocation was given by Rabbi Shmuel Fuss of Chabad Jewish Community Center. Pledge of Allegiance was given by Assistant City Attorney Bettenhausen. ROLL CALL Attendee Name j Title I Status Arrived Darcy McNaboe ( Mayor Present Sylvia Robles ( Mayor Pro Tern { Present ' Jackie Mitchell ( Council Member Present { Doug Wilson ( Council Member { Present I Bill Hussey { Council Member I Present I -- G. Harold Duffey { City Manager { Present { Pat Jacquez-Nares I City Clerk I Present { Richard Adams I City Attorney I Present { Linda Phillips I Child Care I Present I Yanni Demitri { Public Works Director I Present I Sandra Molina { Planning & Development Services Director I Present { Cynthia Fortune { Finance Director I Present ( Steve Lasiter { Battalion Chief I Present Doug Wolfe ( Lieutenant I Present l A. SPECIAL PRESENTATIONS — NONE B. CONSENT CALENDAR APPROVED ALL CONSENT CALENDAR ITEMS. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tern SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 1. Waive Full Reading of Ordinances on Agenda WAIVED FULL READING OF ALL ORDINANCES ON THE AGENDA. City of Grand Terrace Page 1 Minutes Grand Terrace City Council May 24, 2016 . 2. Approval of Minutes — Regular Meeting — 04/26/2016 APPROVED THE MINUTES OF THE 04/26/2016 REGULAR MEETING 3. Approval of Check Register No. 04302016 in the Amount of$576,272.07 APPROVED CHECK REGISTER NO. 04302016 IN THE AMOUNT $576,272.07, AS SUBMITTED, WHICH INCLUDES THE CHECK REGISTER ACCOUNT INDEX FOR FISCAL YEAR 2015-16. 4. Authority to Apply for Grant from CalRecycle Beverage Container Recycling Program APPROVED RESOLUTION NO. 2016-13 AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF GRAND TERRACE IS ELIGIBLE. C. PUBLIC COMMENT Bob Levin, Veterans Wall of Freedom Chair, invited everyone to the Memorial Day Ceremony, Monday, May 30, 2016 at 11:00 a.m. at Pico Park. Jeff McConnell, Grand Terrace resident, requested that the Community Benefits Fund pay for trash cans on Michigan to help alleviate the trash in that area. Noemi Tapia, Grand Terrace Leos Club President, introduced herself and provided her goals and plans for this upcoming year. Jennifer Araiza, REC Center, announced the Summer Youth Camp program and thanked the City for this opportunity. D. PUBLIC HEARINGS — NONE E. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Hussey thanked the residents that came out to the budget meetings in the parks and the senior center. He also thanked staff for their work on these budget meetings. Council Member Hussey attended an Open House at Mayor Pro Tern Robles' house also in attendance was Assembly Member Brown. He suggested that everyone do their homework on all of the candidates up for election on June 7, 2016. Council Member Hussey attended a baseball meeting and they were very happy that they receive an A-rating for their snack bar and thanked the City for their help. He thanked the Freedom Wall Committee and encouraged everyone to attend the Memorial Day Event and to do something nice for our Veterans. City of Grand Terrace Page 2 Minutes Grand Terrace City Council May 24, 2016 Council Member Doug Wilson � l Council Member Wilson thanked everyone in the audience and had nothing further to report. Council Member Jackie Mitchell Council Member Mitchell thanked everyone in attendance and for their participation. She attended the budget meeting in the park and thought it was a nice way to provide this information to the residents. Several of these residents mentioned to her that City staff was doing a good job. Council Member Mitchell congratulated her son for making the honor roll at Terrace Hills Middle School. She also complimented Council Member Wilson's appearance. Mayor Pro Tern Sylvia Robles Mayor Pro Tern Robles highlighted the Grand Terrace Women's Club substantial donations to the City School Libraries. She reported that at the Omnitrans meeting consent calendar items were being questioned and that the ridership was going down. Mayor Pro Tern Robles encourages everyone to have lunch at the Senior Center it is a healthy alternative to fast food. Mayor Darcy McNaboe Mayor McNaboe provided a written summary of her report as follows: On May 12, 2016, she attended the Advocacy Trip to Sacramento. She met with legislators regarding issues important to businesses and the region which included: Transportation Funding, Water Restrictions, Judicial appointments, and Predatory ADA lawsuits relief (The Governor signed legislation into law Senator Roth's bill that provides some relief from predatory lawsuits while preserving the intent of the original legislation. She also met with our Assembly Member Cheryl Brown separately to discuss issues with more of a Grand Terrace focus. That evening Mayor McNaboe also attended the budget in the park workshop at the Fitness Park and commended staff of the good work. On Saturday, May 14t", Mayor McNaboe attended the Household Hazardous Waste Collection day it seemed like it was well planned and executed. On Sunday May 22nd, she attended the ground breaking of the Loma Linda University Medical Center's new medical center and children's hospital. "The project in Loma Linda will entail building a new adult hospital and an addition to the children's hospital, which is expected to cost $823 million. The existing adult medical center in Loma Linda does not meet seismic safety standards and is nearly 50 years old. It will be replaced with a new 276-bed adult hospital that will have 96 intensive care beds and 180 medical-surgical beds. Hart said a goal of the project is improving the adult facility to include more single-bed rooms, which are needed to keep infection rates low and meet patient quality expectations." City of Grand Terrace Page 3 Minutes Grand Terrace City Council May 24, 2016 F. UNFINISHED BUSINESS - i 5. Zoning Code Amendment 15-01 Establishing a New Chapter 18.80 Signs Planning & Development Services Director Molina presented this item. A Council, Assistant City Attorney, and staff discussion ensued on the Sign Code provisions as to the following: • Church signs, • Temporary signs , • Sign content, • Free speech, • Sanctity of life versus real estate signs • Approval process for sign permits, • Amount of days allowed to place temporary signs, • How fines would be imposed and collected, • Fine amounts: first violation is $100, second violation is $200, and third violation is $500. • Window signs no more than 25% and an exemption written into the code, • Application for variances, • Seven sign limit on public property, and • Clarification on the legal cases as they pertain to the sign code, Jeff McConnell, Independent Broker, stated his concerns with the 500 feet distance sign requirement and the seven sign requirement. He would have liked the Council to have met with the business owners and real estate agents to discuss this sign ordinance. Mr. McConnell requested that the sign paperwork should be included with the business license paperwork. Ken Stout, Grand Terrace Resident, supports the yard sales signs and the for rent signs. Bobbie Forbes, Real Estate Agent, stated her concerns with the enforcement of this item and that she would continue to post lost pet signs. Ms. Forbes appreciated staff's effort on the real estate and political signs. Darryl Moore, Developer, appreciated the effort staff did on the real estate signs. He believed that the City's sign code was too strict. Mr. Moore stated his concerns with the seven sign limit and requested that a dollar be added to the business license for this requirement. Sofia Thronson, Grand Terrace resident, supports the yard sale signs. She requested that Code Enforcement provide the new updates to the rules to the residents in order for the residents to comply. City of Grand Terrace Page 4 Minutes Grand Terrace City Council May 24, 2016 Margie Miller, publisher of Grand Terrace City News, resident, and Real Estate Agent, stated her concerns with the legal noticing of this public hearing notice. She further stated her concerns with the seven real estate signs. Ms. Miller requested that the Council not take action until they met with the business owners. City Clerk Jacquez-hares read the letter from Kacy Carlsen, UpDog Media, stating her concerns with the sign code ordinance. She was requesting a workshop with Council and the business owners before any action was taken. Jennifer Araiza, REC Center, also requested that the Council not take any action before they meet with business owners and non profits in the City. Burt Seuylemezian, Business Owner, stated his concerns with the requirement for a sign permit. He would like to have the Council meet with the business owners before they take action. Bobbie Forbes, Real Estate Agent, asked if there was a standard size for the signs. Margie Miller, Publisher the City News, stated that the ordinance had been significantly modified and did not have a grandfather clause therefore it should be reintroduced. An Additional Council, City Manager, City Attorney, and staff discussion ensued on the following: • Town hall meetings, • The various meetings with the Council and Planning Commission, • Noticing to the public on these meetings, • the focus of the temporary and window signs, • The 120 day sign permit for business owners and its display schedule, • Benefits of having a workshop, • Staffs interpretation of the Council's requests, and • The Case Law that changed the staffs recommendations. Assistant City Attorney Bettenhausen provided the Council with the following three options: 1. Continue the entire item, 2. First reading (reintroduction of ordinance) and add the amendment, and 3. Continue on with the second reading of the original ordinance and have staff come back with the Temporary Sign Ordinance Amendment. Council Member Mitchell requested for the record the following: Temporary Signs for non real estate go to four intervals 30 days each and 15 or more City of Grand Terrace Page 5 Minutes Grand Terrace City Council May 24, 2016 real estate signs allowed and also two real estate signs on the same street within 500 feet Mayor Pro Tern Robles stated that staff did not want to come back with this item. The Council took action on this item and now it had an amendment. Apparently, reporters were not reporting on the Council meetings and the word was not going out to the public. People were informed of these meetings and did not attend. Mayor Pro Tern Robles stated that she was trying to govern and now it was coming back because of contingencies. It was difficult being a legislator when action taken on this item at the last meeting and now the Council has additional items changed. She would like to have staff take another look at this item and then bring this back to Council for action. STAFF TO BRING BACK THE AMENDMENT AND TO INCORPORATE THE RECOMMENDATIONS DISCUSSED TONIGHT FOR THE REINTRODUCTION OF THE ORDINANCE. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Mayor Pro Tern AYES: McNaboe, Robles, Mitchell, Wilson, Hussey MAYOR MCNABOE RECESSED THE CITY COUNCIL MEETING AT 7:28 P.M. MAYOR MCNABOE RECONVENED THE CITY COUNCIL MEETING AT 7:36 P.M. G. NEW BUSINESS 6. Annual Financial Report for the Year Ended June 30, 2015 Finance Director Fortune presented the PowerPoint presentation for this item. JR Dennis, LSL Auditing, also provided additional information on this item and the auditing letters. City Manager Duffey stated staff would commission a one page official record of the Audit to mail to all residents and place on the City's website. RECEIVE AND FILE THE ANNUAL FINANCIAL REPORT AND RELATED DOCUMENTS FOR THE YEAR ENDED JUNE 30, 2015. RESULT: APPROVED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey City of Grand Terrace Page 6 Minutes Grand Terrace City Council May 24, 2016 7. Calling for General Municipal Election - November 8, 2016 City Clerk Jacquez-hares provided a brief summary for this item. 1. ADOPT RESOLUTION NO. 2016-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES; AND 2. ADOPT RESOLUTION NO. 2016-15 A RESOLUTION ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016. RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Bill Hussey, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 8. Designating Fire Lane and Prohibited Parking to Address Traffic and Parking Issues on Palm Ave; Authorization for Removal of Vehicles Public Works Director Demitri presented the PowerPoint Presentation for this item. Mayor McNaboe asked if the California Vehicle Code 22651 allowed for a towing company to come in and remove a vehicle in a tow away zone without having to sign that they removed it. Public Works Director Demitri confirmed Mayor McNaboe's statement on the towing company removal procedure. Bobbie Forbes, Grand Terrace resident, received confirmation that there would be a dedicated towing company for these removals. Council Member Wilson stated that it was his understanding that the red curbing was done prior to 1978 by the County. He also also asked the standard width of the street. Public Works Director Demitri confirmed that this was a County initiated project. He further answered that the standard width was 30 feet but ideally it would be 40 feet. Assistant City Attorney Bettenhausen clarified that there would be an exhibit of a map of the red curb area added to the resolution. City of Grand Terrace Page 7 Minutes Grand Terrace City Council May 24, 2016 1. ADOPT RESOLUTION NO. 2016-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ESTABLISHING FIRE LANES AND PROHIBITING PARKING ON PALM AVENUE AND AUTHORIZING REMOVAL OF VEHICLES THEREON 2. DIRECT STAFF TO REFRESH EXISTING RED CURB ON PALM AVE. 3. DIRECT STAFF TO RETURN WITHIN 60 - 90 DAYS WITH A FRANCHISE AGREEMENT FOR TOWING SERVICES. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tern SECONDER: Doug Wilson, Council Member . AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 9. Traffic and Parking Issues on Westwood Street and Westwood Lane Public Works Director Demitri presented the PowerPoint Presentation for this item. Mayor McNaboe asked what staff was going to do with the neighbors at this time. City Manager Duffey stated that based on the previous discussion of this item staff would like to revisit this issue with the neighbors. Council Member Wilson asked if staff had looked into privatizing the street. Mayor Pro Tern Robles wanted to make sure that staff pursues the privatization of the street as one of its options. Alice Souter, Grand Terrace resident, stated her concerns with the car problems on Westwood. She recommended that the gate on the East end of Westwood Street be replaced. This gate was on Lot A and it was on City of Grand Terrace property. Ms. Souter also requested that the City install a gate like the one on Honey Hill. She requested a copy of the Engineer's report section 10.04.310 of the Grand Terrace Municipal Code. 1. ADOPT RESOLUTION NO. 2016-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ESTABLISHING FIRE LANES AND PROHIBITING PARKING ALONG THE SOUTH SIDE OF WESTWOOD STREET AND ON THE EAST SIDE AND THE ENTIRE CUL-DE-SAC OF WESTWOOD LANE AND AUTHORIZING REMOVAL OF VEHICLES THEREON 2. DIRECT STAFF TO RETURN WITHIN 60 - 90 DAYS WITH A FRANCHISE AGREEMENT FOR TOWING SERVICES TO SERVICE ALL "TOW AWAY" ZONES CITY-WIDE. 3. DIRECT STAFF TO MEET WITH RESIDENTS ON THESE TWO STREETS TO DISCUSS REMEDIES TO ADDRESS PARKING ISSUES AND RETURN TO COUNCIL IN 60 - 90 DAYS WITH DETAILS OF SUCH PLAN. City of Grand Terrace Page 8 • Minutes Grand Terrace City Council May 24, 2016 RESULT: APPROVED [4 TO 11 MOVER: Sylvia Robles, Mayor Pro Tern SECONDER: Jackie Mitchell, Council Member AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Bill Hussey NAYS: Doug Wilson 10. Encroachments into City Right of Way and Easements by Permanent Structures Public Works Director Demitri presented the staff report for this item. He also provided additional information on the property line encroaching on public property. Mayor McNaboe requested clarification on the property line with and without sidewalks. Assistant City Attorney Bettenhausen provided the Council with the City's liability if it allowed these structures on the public right of way. Council Member Wilson stated the City would invite the liability if it allowed the object to be placed in the public right of way. He would like to take this a step further and amend the language to not allow for this on any public right of way. Council Member Hussey stated that the City should look at the big picture and if a family wanted to put a block wall up instead of a wooden fence the City should allow it. The City cannot prevent everything. Assistant City Attorney Bettenhausen stated that an encroachment permit could be applied for any type of encroachment into a public right of way. Mayor Pro Tern Robles stated that the Council was there to serve the common good of the community not on a person by person basis. She did not want to set a precedent, she supports in-kind replacements. Council Member Wilson stated that no one was allowed to work in the City's right of way unless they were properly permitted. They have to be a licensed contractor and permitted to do this work on the City's public right of way or the City incurs additional liability if they are not. Cassandra Arellano, Grand Terrace resident, stated that she wanted to place a block wall instead of the existing wooden fence. She also stated that she was not informed of the City's encroachment permit process. Bobbie Forbes, Grand Terrace resident, asked where the mailboxes fell within the City's rules as they were in the public right of way. Mayor McNaboe asked Public Works Director Demitri if the City had an encroachment permit process and he confirmed the City did have one. City of Grand Terrace Page 9 Minutes Grand Terrace City Council May 24, 2016 1. UPHOLD EXISTING CITY POLICY OF NOT ALLOWING ENCROACHMENTS BY PERMANENT STRUCTURES IN THE PUBLIC RIGHT OF WAY OR IN EASEMENTS 2. PERMANENT STRUCTURES THAT ARE CURRENTLY IN THE RIGHT OF WAY CAN ONLY BE REPLACED IN-KIND SUBJECT TO THE APPROVAL OF AN ENCROACHMENT PERMIT RESULT: APPROVED [4 TO 1] MOVER: Doug Wilson, Council Member' SECONDER: Sylvia Robles, Mayor Pro Tern AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Doug Wilson NAYS: Bill Hussey 11. Results of Budget in the Park Workshops City Manager Duffey presented the PowerPoint Presentation for this item. RECEIVE AND FILE THE RESULTS OF THE "BUDGET IN THE PARK" WORKSHOPS HELD ON MAY 17T" AND MAY 19T", 2016. RESULT: APPROVED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Sylvia Robles, Mayor Pro Tern AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 12. Continuation of Twenty-Third Amendment to Law Enforcement Services Contract No. 94-797 with County of San Bernardino Finance Director Fortune presented the staff report for this item. APPROVE TWENTY-THIRD AMENDMENT NO. 2016-21 TO LAW ENFORCEMENT SERVICES CONTRACT NO. 94-797 WITH COUNTY OF SAN BERNARDINO AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Sylvia Robles, Mayor Pro Tern AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 13. Summer Swim Program City Manager Duffey provided a brief summary of the PowerPoint Presentation for this item. Council Member Mitchell and City Manager Duffey discussion ensued on the hours of the different programs, the price of $7.00 and why the incubator funds were going to be used and how this would be perceived by the public. City of Grand Terrace Page 10 a Minutes Grand Terrace City Council May 24, 2016 1. AUTHORIZE THE CITY MANAGER TO USE UP TO $16,000 IN 2014-15 FUND BALANCE FOR THE 2016 SUMMER SWIM PROGRAM. THE FUNDS WERE ORIGINALLY EARMARKED FOR A BUSINESS INCUBATOR PROGRAM; AND 2. APPROVE CONTRACT NO. 2016-19 WITH BOYS AND GIRLS CLUB OF GREATER REDLANDS-RIVERSIDE TO OPERATE THE CITY OF GRAND TERRACE'S 2016 SUMMER SWIM PROGRAM IN THE AMOUNT NOT TO EXCEED $16,000; AND 3. DIRECT THE CITY MANAGER TO SUBMIT JOINT USE AGREEMENT WITH THE COETON JOINT`$JNIFIED SCHOOL DISTRICT BOARD (CJUSD) FOR USE OF THE GRAND TERRA,-HIGH SCHOOL POOL FOR THE CITY'S 2016 SUMMER SWIM_PROGRi4M-- AND RETURN AFTER CJUSD BOARD APPROVAL TO THE CITY-COUNCIL FOR RATIFICATION OF AGREEMENT. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tern SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 14. Amendment No. 7 to the Waste Disposal Agreement Between the City of Grand Terrace and the County of San Bernardino l Planning & Development Services Director Molina presented the staff report for this item. 1. ADOPT RESOLUTION NO. 2016-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AMENDMENT NO. 7, TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE; AND 2. AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT NO. 2106-20. RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey H. CITY MANAGER COMMUNICATIONS City Manager Duffey announced that the Summer Recreation program had hired four high school students as camp counselors and had 42 students enrolled in the program so far. The Summer Youth Program would run from June 20th through July 22nd, from 8:00 a.m. to 1:00 p.m. ( CLOSED SESSION - NONE City of Grand Terrace Page 11 Minutes Grand Terrace City Council May 24, 2016 ADJOURN Mayor McNaboe adjourned the City Council Meeting at 9:29 p.m. The Next Regular City Council Meeting will be held on Tuesday, June 14, 2016 at 6:00 p.m. Darci McNabo M yor Pat Jacqu es;_Crier City of Grand Terrace Page 12