07/14/2015 V
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES • JULY 14, 2015
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 provided by Council Member Hussey.
Pledge of Allegiance was led by Mayor McNaboe.
ROLL CALL
Attendee Name Title j Status ! Arrived
Darcy McNaboe Mayor Present
Sylvia Robles Mayor Pro Tern Present
Jackie Mitchell Council Member Present
Doug Wilson Council Member Present
Bill Hussey Council Member Present
G. Harold Duffey City Manager Present
i Pat Jacquez-Hares City Clerk Present
Richard Adams City Attorney Present
Sandra Molina Community Development Director Present
Linda Phillips Director of Child Care Services Present
Cynthia Fortune Finance Director Present j
Steve Lasiter Battalion Chief Present
Robert O'Brine Lieutenant Present
Adreane Freeman Management Analyst Present
A. SPECIAL PRESENTATIONS
Safe and Sane Fireworks
City Manager Duffey presented a PowerPoint presentation on the history and summary
of this item.
Council Member Wilson asked if an arena style fireworks display at the high school was
a better option for Safety Services. He stated that with this type of display, he would not
have a problem giving up the individual fireworks.
Battalion Chief Lasiter, San Bernardino County Fire Department, stated that his
Department strongly recommended the organized events instead of individual fireworks.
-. These types of displays were safer for the community.
City of Grand Terrace Page 1
i
Minutes Grand Terrace City Council July 14, 2015
Council Member Hussey was concerned, that even with additional staff; no citations
were issued on the Fourth of July holiday weekend. He was concerned with the amount
of illegal fireworks set off throughout the City and the Sheriff's inability to cite violators.
Lt. O'Brine, San Bernardino Sheriffs Department, stated that 22 calls were received by
dispatch on July 4, 2015. The two officers on duty responded to calls but upon arrival
only witnessed people setting off legal fireworks. Lt. O'Brine explained the difficulty in
citing for illegal use of fireworks without witnesses or catching people in the act.
Council Member Hussey stated he would like to see the ordinance changed with
modifications to only allowed fireworks to be discharged on the Fourth of July. He
suggested that the City have a special task force for this issue.
Lt. O'Brine agreed with earlier statements from Battalion Chief Lasiter that a ban on safe
and sane fireworks would be the best solution to reduce illegal use of fireworks. He also
offered another option, a collateral task force spear headed by the Fire Department with
support from the Sheriffs Department, City's Code Enforcement, and the City's
Attorney's office. He also stated that the task force could embark on a public awareness
campaign to let people know early that the' City was serious and would crack down on
illegal fireworks.
Council Member Hussey said he would like to have the firework stands provide a copy
of the map with the firework zones and additional education in the schools and
newspapers. He was concerned that State was in a drought and fires could have started '
at any time because of the illegal use of fireworks in restricted zones.
Council Member Mitchell asked Battalion Chief Lasiter what the Fire Department had
done to.prepare for the Fourth of July in reference to additional resources.
Battalion Chief Lasiter stated that no additional resources were brought in for Grand
Terrace but they were available within the San Bernardino Division which included two
additional Fire Investigators and three Prevention Personnel that were on duty on the
Fourth of July. He also stated that there were three calls for service for the evening in
Grand Terrace, two were for safe and sane fireworks in Grand Terrace; one person was
using safe and sane fireworks and their clothes caught fire and the other was the
structure fire caused by improper disposal in trash can of the remnants of the safe and
sane fireworks. The third call was for a mutual service call on the boundary of Grand
Terrace and Colton, it was not known if the fire was from safe and sane or illegal
fireworks. Battalion Chief Lasiter went on to explain that the main use of the Fire
Department's resources was in the City of Fontana, due to their overwhelming use of
illegal fireworks. He noted that the City of Fontana only issued 32 citations with an army
of Police Officers and that the issuance of citations did not deter illegal fireworks.
Council Member Mitchell asked City Manager Duffey to keep the Council apprised of
what other cities were doing with this firework issue. City Manager Duffey confirmed that
he would and that he would also take the issue to the Regional City Manager's meeting
for their input.
City of Grand Terrace Page 2
Minutes Grand Terrace City Council July 14, 2015
Council Member Mitchell requested confirmation that the City would be receiving $3,500
from the sale of the fireworks. City Manager Duffey stated that he would anticipate
\ about $2,000 this year. The $3,500 figure was for the aggregate of two separate years.
Council Member Mitchell reported that she told her neighbors to write a letter to the
firework manufacturer informing them of the various problems encountered with the
fireworks. She also asked the procedure to bring the fireworks back to the residents for
their vote as the residents by Initiative voted to allow safe and sane fireworks to be sold
in the City.
City Clerk Jacquez-Nares provided the citizen initiative process and stated that a
signature petition with a minimum of 650 registered voters would need to be submitted
to the City and the Council would need to approve to consolidate with the County by
August 7, 2015 for the November 3, 2015 ballot.
Mayor Pro Tern Robles stated that she was taken back with the strong push for an
initiative on the fireworks because it was approved by a 2 to 1 margin and there was a
cost to put this on the ballot. She was out of town on the Fourth of July but every single
year there had been illegal fireworks and it seemed from her vantage point to be around
Richard Rollins Park. There seems to be a lack of dissemination of information on the
City's part on the allowed fireworks zones. Mayor Pro Tern Robles believed there was
an opportunity for improvement by providing an educational campaign, additional
patrolling that evening, and also limiting the dates of discharge to only the Fourth of
July. She did not know if the fundraising groups would support moving the fireworks to
the High School.
City Attorney Adams reminded the Council that this item was not on the agenda for
discussion. If the Council Members wanted to discuss this it should be placed on a
future agenda.
City Manager Duffey stated that this item would be put on the Council Report Back Log
for an agenda item at a future meeting.
B. CONSENT CALENDAR
APPROVED ALL CONSENT CALENDAR ITEMS
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tern
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED FULL READING OF ORDINANCES ON THE AGENDA
City of Grand Terrace Page 3
Minutes Grand Terrace City Council July 14, 2015
2. Approval of Minutes — Regular Meeting — 06/09/2015
APPROVED THE MINUTES AS CORRECTED OF THE 06/09/2015 REGULAR
MEETING
3. Monthly Financial Report for May 2015
RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD
ENDING MAY 31, 2015
4. Transfer of 22720 Vista Grande Way to the City of Grand Terrace'
1. ADOPTED RESOLUTION NO. 2015-04, A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
GRAND TERRACE TRANSFERRING 0.35 ACRES OF LAND LOCATED AT
22720 VISTA GRANDE WAY TO THE CITY OF GRAND TERRACE FOR
GOVERNMENTAL PURPOSES PURSUANT TO THE ADOPTED LONG RANGE
PROPERTY MANAGEMENT PLAN;
2. ADOPTED RESOLUTION NO. 2015-25, A RESOLUTION OF THE CITY COUNCIL
ACCEPTING 0.35 ACRES OF LAND LOCATED AT 22720 VISTA GRANDE WAY
FROM THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE PURSUANT TO THE ADOPTED
LONG RANGE PROPERTY MANAGEMENT PLAN; AND
3. DIRECTED STAFF TO RECORD THE GRANT DEED TRANSFERRING THE
PROPERTY AT THE OFFICE OF THE COUNTY RECORDER.
5. Approve Amendment No. 1 to Professional Services Agreement Between Albert A.
Webb Associates and the City of Grand Terrace Extending.the Term of the Agreement
to October 8, 2016.
AUTHORIZED THE CITY MANAGER TO GRANT A ONE-YEAR EXTENSION TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES,
INC. FOR ON-CALL TRAFFIC ENGINEERING SERVICES.
6. Request by the San Bernardino County Sheriffs Department for a Waiver of Special
Event Fees Related to National Night Out
WAIVED SPECIAL EVENT AND FACILITY USE FEES IN THE AMOUNT OF
$1,057.00 FOR NATIONAL NIGHT OUT 2015.
C. PUBLIC COMMENT
Josie Johnson, Grand Terrace Resident, stated her complaints with the illegal fireworks
on the Fourth of July holiday. 1
City of Grand Terrace Page 4
Minutes Grand Terrace City Council July 14, 2015
Eric Robles, Grand Terrace Resident, stated his concerns with the street sweeping
ordinance and citations. He requested clarification on the spirit and letter of the law and
\ if he could park his car after the street sweeper had gone by.
Mike Auld, Foundation of Grand Terrace Member and Chairman of the Dog Park
Committee, thanked everyone involved in the transfer of the property on 22720 Vista
Grande Way for the Dog Park. He further stated his support for item number four on the
agenda and asked that the Council approve said item.
Mayor McNaboe informed Mr. Auld that item number four on the agenda had been
approved on the consent calendar vote. She also thanked Mr. Auld and the committee
for all their hard work.
Sarah Wright, Field Representative for Congressman Pete Aguilar, announced their
upcoming events on Saturday, July 18, 2015 at the Food Connection Coffee with a
Congressman from 9:00 - 10:00 a.m. and on Friday, August 21,. 2015 Senior Fair at
Abundant Living Family Church in Rancho Cucamonga from 9:00 - 12:00 p.m. for any
additional information you may contact their office.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked City staff and the members in the audience for
attending the meeting. He had his comments on fireworks and stated them during that
presentation. He thanked the Fire Department for their quick response for putting out
the fire on the Fourth of July. Council Member Hussey congratulated the City of Colton
for celebrating their 128th birthday. Mayor De La Rosa extended an invitation to the
Grand Terrace residents to join in the celebration. Council Member Hussey attended the
League of California Cities Executive Board meeting on June 29, 2015 from 11:30 to
1:30 p.m. they approved the minutes and discussed the new League President, Dennis
Mitchell, who was from Southern California. He thanked City Manager Duffey for fixing
numerous potholes throughout the City. He reported that he and his wife assisted a
transient with food and asked the Sheriffs to assist this person but he was no longer in
the area.
Council Member Doug Wilson
Council Member Wilson thanked City Manager Duffey for getting the AM Radio station
and the Emergency Operations Committee back on the air. He further thanked the
members of the Committee for their vital link in the survival of the community. Council
Member Wilson stated that it was up to each individual to make sure of what they and
their family needed to survive an emergency such as a 10.0 earthquake. He further
reported that on Saturday, July 11, 2015 he called the Sheriff's dispatch to report a
noise complaint on a party near his home at 8:00 p.m. and had to call the dispatch
again at 9:45 p.m. because they had not responded they finally responded at 11,'00 p.m.
City of Grand Terrace Page 5
Minutes Grand Terrace City Council July 14, 2015
He asked Lt. O'Brine the proper procedure to have the Sheriff's respond tothis type of
complaint.
Lt. O'Brine stated that Council Member Wilson followed the correct procedure to report
the complaint and that he would look into why there was a delay in the response time.
Council Member Jackie Mitchell
Council Member Mitchell reported that she attended the Omnitrans Board meeting as
the delegate the items discussed were: Funding approval for new soft and hardware,
upgrades to the bus lines and the benefits and disadvantages of moving forward with
consolidated transportation study with V-Trans. She also attended along with Council
Member Hussey a birthday celebration for a Grand Terrace resident and Mayor De La
Rosa of the City of Colton was in attendance. Mayor De La Rosa shared his interest in
partnering with the City of Grand Terrace with any items that may benefit both cities and
he wanted to create a healthy working relationship between the two cities. He further
asked that she extend his invitation to attend functions within Colton to the residents
and Council Members. Council Member Mitchell spoke to City Manager Duffey on Code
Enforcement availability on Friday's and the weekends and requested ,that this be
addressed by staff. She also asked for an update on a broken water line on Michigan
that seemed to have been repaired, and there was a large steel plate left on the street
that did not have a smooth transition creating wear and tear on the vehicles. She
thanked the Sheriff's Department for their response time to her neighbor's;home alarm
going off. She further was impressed that the deputy was transporting someone to the
detention center and stopped to respond to the alarm call. Council Member Mitchell also
thanked the residents for their hard work and support of the Dog Park and looks forward
to raising funds to ensure that the residents have another amenity in our small
community.
Mayor Pro Tern Sylvia Robles
Mayor Pro Tern Robles stated she was in Carlsbad, California for a week and Council
Member Mitchell attended the Omnitrans Board meeting. She attended the Omnitrans
Administrative Committee meeting. She had a nice public relations action to report that
Omnitrans was .in a predominantly minority community in the west side of San
Bernardino, where they store a lot of fuel tanks. There had been a long concerning
issue between an institute of social justice representing residents and their safety.
Thanks to County Supervisor Curt Hagman, Mayor Debra Robertson and herself they
advocated for some resolution over this long standing disagreement. One of their
suggestions was.using twitter to inform the residents of any gas leaks in the facility and
she was happy to report that many years of this disagreement had been resolved. It
was very good to see when government didn't see the public grievances as a negative
but a positive that could be overcome. In her neighborhood, before she was on the
Council she tried to post on a blog but she said Grand Terrace would not let her post
her request to have people that walk their dogs pick up after them. She noticed there
was a house on the corner of Dos Rios and DeBerry that had a sign for no dog ;
trespassing. Mayor Pro Tern Robles stated that while she and her husband walked he
City of Grand Terrace Page 6
Minutes Grand Terrace City Council July 14, 2015
observed that people walk in the street. She told him that people walked on the street
1 because the pavement is easier on their backs and the sidewalk was an obstacle
course. She requested that the City partner with the water company as in the past to
send out a public information campaign on the fireworks and this and other initiatives.,
She would also like to have the City partner with the trash company to have a campaign
on courtesy with the animals and perhaps a pet dropping receptacle to make our City
more friendly to people walking their pets.
Mayor Darcy McNaboe
Mayor McNaboe reported on the various. boards and committee meetings she attended
as follows:
SANBAG Board of Directors Meetina - July 1. 2015 and dark in Auaust
• Received April/May 2015 Procurement Report
Air Qualitv I Traveler Services
• Approved agreement with Riverside County Transportation Agency for
Implementation of the SB County Rideshare, Trip Reduction and 511 programs.
• Awarded Freeway Service Patrol Tow Services Contracts
Reaional/Subreaional Planning
• Approved contract award for Mountain Area Transportation Study
Transit/Rail
Received April 2015 Right of Way Grants of Use Report
Approved amendment to the Omnitrans E Street Corridor sbX/Bus Rapid Transit
Project
• Approved amendment 3 to legal services contract for Downtown San Bernardino
passenger rail project
• Approved amendment 9 for additional design services for Downtown San Bernardino
passenger rail projects
Council of Governments
• Approved Agreements with US. Forest Service and Rancho Cucamonga Fire
Protection District and County of San Bernardino for the preparation of forest
management plan
• Received a State and Federal Legislative Update
Transportation Proarammina and Fund Administration
• Approved allocation and project list for Valley Major Street Program/Arterial sub-
program for FY 2015/2016
• Approved FY 2015/16 Transit Operation Allocations
• Approved Allocation of Transportation development Act Funds for FY 2015/16
• Adopted Measure I population estimates for FY 2015/16
o Adopted Transportation Development Act Unmet Needs definitions and set Hearing
dates
City of Grand Terrace Page 7
Minutes Grand Terrace City Council July 14, 2015
• Received Transportation Development Act Triennial Performance Audits for FY ,F
2011/12 - 2013/14.
• Provided direction on Low Carbon Transit Operations Program Allocation Principles
Discussion Items
• Approved Policy on SANBAG appointments to organizations that receive measure I
funds
• Approved Appropriations limitation for FY 2015/16
• Approved FY 2015/16 Insurance renewals and premiums
• Awarded contract for SR 210 Segment 11 Planting Project (drought tolerant)
• Approved a Right of Way Consultant Contract for Phase 1 US 395 project
• Efficiencies in Proiect Delivery Discussed for 1-10 and 1-15 Corridor Proiects
As studies conclude toward the development of a draft environmental document for
the 1- 10 and 1-15 Corridor Projects, and a decision about a preferred alternative is
being evaluated by the SANBAG Board of Directors, staff is looking for ways to find
efficiencies in the delivery process and potential cost savings for the project.
For example, IF Express Lanes are selected as the Preferred Alternative for the 1-10
Corridor Project, a significant amount of project funding would be derived from toll
revenue-backed funding sources. One of the major sources of toll revenue-backed
funding identified in the 1-10 and 1-15 Financial Plan is a Transportation
Infrastructure Finance and Innovation Act (TIFIA) secured loan. The TIFIA program
provides Federal credit assistance to nationally or regionally significant surface
transportation projects, including highway, transit, and rail. Benefits of TIFIA secured
loans include low interest rates and flexible, long-term repayment terms. For the 1-
10 and 1-15 Corridor Projects, funding is equivalent to 33 percent of the eligible
project costs.
The TIFIA schedule originally built into the 1-10 project delivery calendar assumed a
traditional TIFIA process. However, recent discussions with senior U.S. Department
of Transportation staff have indicated that there may be an opportunity to accelerate
the TIFIA process, which would enable the preliminary TIFIA agreements to be
achieved and potentially securing lower interest rates.
It should be noted that beginning the TIFIA loan process early does not commit the
Board to a decision about their ultimate recommendation of an alternative. The
release of the Draft Environmental Document is expected this fall.
To learn more about the 1-10 and 1-15 Corridor Projects, visit the web at
www.1015Droiects.com <httD://www.1015Droiects.com>.
City of Grand Terrace Page 8
Minutes Grand Terrace City Council July 14, 2015
�. PUBLIC HEARINGS
7. Hearing for the Placement of Assessments for Delinquent Refuse, Sewer and Rental
Inspection Program Fees on Properties Located in the City.
Management Analyst Freeman provided a summary of this item.
City Attorney Adams stated that the public hearing for this item was a different format
from the regular public hearings. This one was to provide due process to anyone on the
delinquent,list allows them to present any evidence they may have.
Mayor McNaboe opened the-public hearing at 7:12 p.m.
Council Member Hussey stated he was concerned with the reports of stolen mail and
asked if anyone reported that they had not received their mail.
Management Analyst Freeman confirmed no one had reported not receiving their mail.
Mayor McNaboe asked how long the accounts were delinquent before they were put on
the list.
Management Analyst Freeman answered that they had been delinquent within the fiscal
this year but did not know how long each one individual account had been delinquent.
Council Member Mitchell requested clarification on the certified mail process with
regards to the property owner's signature only or could anyone sign for the mailed
notice.
Steve Bradshaw, Burrtec representative, confirmed that the certified mail was sent
directly to the property owner's address. The United States Postal Service requires that
the listed addressee sign for the certified mail. If they are not home, they leave a slip
requiring the addressee to go to post office for pickup and the addressee would need to
show identification documentation.
Council Member Mitchell requested clarification on the different amounts for the rental
inspection fees. She further asked which staff member did the inspections and if it took
the same amount of time to inspect a new rental or existing rental in the program.
Senior Code Enforcement Officer Owens explained the rental inspection program had
different levels single family homes start off at a $95 annual fee. After three consecutive
years of no violations they qualify for a 50 percent reduction of their fee in their fourth
year. After four consecutive years of no violations they qualify for a 75 percent reduction
of their fee in the fifth year. That was why there were differences in the delinquent
amounts. Senior code Enforcement Officer Owens stated she did all of the rental
inspections. She stated that the time to inspect a rental was dependent on the size of
the property and the reporting on the areas of concern for potential violations.
City of Grand Terrace Page 9
Minutes Grand Terrace City Council July 14, 2015
Council Member Hussey asked if the list of participants for the rental inspection program
was up to date or was it an honor system.
Senior Code Enforcement Officer Owens stated it was primarily an honor system, at the
time the program was started County information was reviewed to compare the physical
and mailing address of the property owners. Staff monitors any signs that were posted
for rentals and verified that the property was in the program if not staff contacted the
property owner to place them in the rental program.
There being no speakers on this item, Mayor McNaboe closed the public hearing at
7:23 p.m.
1. CONDUCT A PUBLIC HEARING TO HEAR APPEALS OF DELINQUENT FEES
THAT ARE PROPOSED FOR ADOPTION AND ASSESSMENT ON THE TAX
ROLLS OF THE COUNTY TAX ASSESSOR.
2. RESOLUTION NO. 2015-26, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER
USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE
COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT
UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE.
3. RESOLUTION NO. 2015-27, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ADOPTING_ A REPORT OF DELINQUENT NON-OWNER
OCCUPIED RENTAL PROGRAM PROPERTIES FEES AND FINES AND
DIRECTING THAT SUCH DELINQUENT FEES AND FINES BE COLLECTED ON
THE TAX ROLL AND BE IMPOSED AS A LIEN UPON PROPERTY WITHIN THE
CITY OF GRAND TERRACE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tern
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
8. Annual Levy of Assessment for 2015-2016 Landscape & Lighting Assessment District
89-1
Management Analyst Freeman provided a summary of the PowerPoint presentation for
this item.
Mayor McNaboe asked if any written communication was received.
Management Analyst Freeman confirmed there were no protests or written
communications received.
City of Grand Terrace Page 10
Minutes Grand Terrace City Council July 14, 2015
Mayor McNaboe opened the public hearing at 7:28 p.m.
�- There being no speakers on this item, Mayor McNaboe closed the public hearing at
7:29 p.m.
1. CONDUCT THE PUBLIC HEARING; AND
2. ADOPT RESOLUTION NO. 2015-28 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE CONFIRMING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY FOR A
LANDSCAPING AND STREET LIGHTING DISTRICT
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
;SECONDER: Sylvia Robles, Mayor Pro Tern
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
9. Introduce an Ordinance to Repeal Chapter 9.32 (Regulation of Registered Sex
Offenders) To Conform with the Law Set by Recent Court Decisions
City Attorney Adams provided the staff report for this item.
Mayor Pro Tern Robles wondered how to get the information out to the public and if the
City would be liable if it used an informational billing insert to promote the use caution
over children because this law had passed.
City Attorney Adams stated that the City would not be liable in telling the populous to be
cautious. There was Megan's Law that listed where the sex offenders live.
Mayor Pro Tern Robles would like to reiterate Megan's Law and this new law on a flyer
and on the City's website.
City Attorney Adams informed the Council that the legislature was looking at this subject
and there may be additional laws to come out in the future. He stated that their office
would be monitoring this subject.
Council Member Wilson thought it interesting and tragic how the citizenry passed this by
initiative and then once.again we see the relaxed court stance that relative laws applied
to common sense which was really impossible. If we bow to the State statue do we also
bow to the pariah that inflicted this situation? For some reason, it galled him that the
idea that those who caused harm could seek precedent over those who were harmed.
The City Attorney had talked about liability to some aspect but he would really like to
t/ find out what the City's financial liability was if there were any kind of trial in relation to
local jurisdictions and not just a threat from the ACLU.
City of Grand Terrace Page 11
Minutes Grand Terrace City Council July 14, 2015
City Attorney Adams answered that he was not aware of any City that did not repeal its
ordinance and was sued. The liability would be the City's attorney fees and possibly
their attorney fees. They would get a writ to have the City repeal its ordinance and not a
monetary award.
Council Member Wilson asked for confirmation if local jurisdictions had the right to
adopt more restrictive laws than State ordinances if they saw a need in their particular
situation.
City Attorney Adams stated that only Jessica's Law had that ability. He further stated
that the legislature or the initiative had to say that the City could do it otherwise the City
could be preempted. Jessica's Law stated that the City could make a more restrictive
ordinance, but Jessica's Law had been struck down by the Supreme Court.
Council Member Wilson stated that what he meant to ask for example was if he had an
earthquake prone zone that did not exist in other location and he decided to restrict
building in a particular area. He could uphold that based on his current situation, in his
locale and his local jurisdiction needs this seemed to him to be the same kind of
circumstance in this social situation.
City Attorney Adams stated that he was correct but again he had to understand that
State law said that if City had a particular situation that was a building code issue in its
community the City then could do it as long as the State blessed it.
Council Member Hussey asked if the City could put on their website a link to the
Megan's Law website as it was public information. He further asked if the City could
post the violator's names. This would inform the people because a lot of them did not go
on the Megan's Law website.
City Attorney Adams stated that there were restrictions on what could be done with
Megan's Law and that he would provide the Council, a memorandum with that
information.
Council Member Hussey asked if this was a preventative action to avoid a potential
lawsuit.
City Attorney Adams stated that if the Council did not pass the ordinance their office
would keep an eye out for any potential litigation specific to the City of Grand Terrace
and bring this back to the Council at that time.
READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE
ORDINANCE NO. XXX, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, REPEALING CHAPTER 9.32 (REGULATION OF
REGISTERED SEX OFFENDERS) OF TITLE 9 (PUBLIC PEACE, MORALS AND
WELFARE), RELATING TO SEX OFFENDERS
City of Grand Terrace Page 12
Minutes Grand Terrace City Council July 14, 2015
RESULT: FAILED [2 TO 31
MOVER: Sylvia Robles, Mayor Pro Tern
SECONDER: Jackie Mitchell, Council Member
AYES: Sylvia Robles, Jackie Mitchell
NAYS: ' Darcy McNaboe, Doug Wilson, Bill Hussey
10. Selection of Voting Delegate for the California League of Cities 2015 Annual
Conference
City Clerk Jacquez-Nares provided a brief summary on this item.
Mayor McNaboe moved that the voting delegate be Mayor Pro Tern Robles and the
alternate be Council Member Hussey.
Mayor Pro Tern Robles stated that she would be leaving early on Friday and would like
to have Council Member Hussey be the voting delegate and she can be the alternate.
1. ADOPT RESOLUTION NO. 15-29 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATES
AND ALTERNATES TO THE LEAGUE OF CALIFORNIA CITIES AS OFFICIAL
REPRESENTATIVES OF THE CITY OF GRAND TERRACE; AND
2. DIRECT STAFF TO SUBMIT TO THE LEAGUE A CERTIFIED COPY OF THE
RESOLUTION BEFORE.SEPTEMBER 18, 2015.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
11. Proposed Developments to Community Development Staffing
Community Development Director Molina provided a PowerPoint presentation
summarizing this item.
Council Member Hussey asked how many maintenance workers were employed
currently..What were their hours and if it was cost effective to add to their hours instead
of hiring the part-time worker. He also asked if the part-time person would be working
the weekends.
Community Development Director Molina answered three, a Maintenance Crew Lead,
Maintenance II, and Maintenance I. They work 36 hours and to add the additional hours
to the existing crew would need to be a broader discussion between the Council and the
City Manager. The position requested was a non-benefitted position and a high level of
expertise that could supervise a crew and contractors. There were no work crews
scheduled on the weekends but there was on-call staff available to respond to
emergencies.
City of Grand Terrace Page 13
Minutes Grand Terrace City Council July 14; 2015
Council Member Mitchell stated the there was a need for additional staffing and that her
initial concern was the creation of inequitable pay as the hourly pay rate seemed high
but that concern had been resolved. She understood that this position was a
supervisory position like a crew lead and since the City already had a crew lead how
would that dynamic work. If the person envisioned, would not take the position, would
that pose a problem with the lead title.
Community Development Director Molina stated that she did not envision a problem
with the two roles. The part-time person would focus on the City's streets, such as
pothole repairs, and signs that would need to be replaced.
Council Member Mitchell asked with the need to have Code Enforcement on Fridays
and the weekends would these new positions for Code Enforcement and Maintenance
allow for rotating shifts for Fridays and Saturdays.
City Manager Duffey stated that one of the things the City needed to look at was when
staff needed to provide services to the residents for example, our parks, we are closed
on Friday, Saturday, and Sunday during the parks heavy use days. Other organizations
have a modified schedule where they bring in someone on the Saturday to ensure that
the services were available on highest day use for the park system. The City has one
person on call over the weekend; obviously we can activate that person along with the
additional 187hour person to make sure that the parks are ready, available, and cleaned
over the weekend. In addition to that you are absolutely right with our code enforcement
component; if the citizen understands our operation hours the activity 'of the weekend
would be the time that the City had the least amount of code enforcement available.
One of the discussions staff was going to have with the Council was to look at the City's
overall codes to identify the City's priorities. We would definitely look at the best way to
apply the resources.
Council Member Hussey asked City Manager Duffey to clarify that the City had one
person on call on every weekend, was it the same person or was it being rotated. He
also asked if the part-time person's title would also be lead.
City Manager Duffey answered that the on call person rotates among existing staff.
Community Development Director Molina answered that the part-time position's title
was Maintenance Crew Lead.
City Manager Duffey further explained that the Maintenance Crew Lead had the ability
to supervise others on site it was not the superintendent or the supervisor. It meant that
if they were at a worksite they could direct the others. The primary function of this
position would be to have the ability to take the crews and split them in half and have an
additional lead person to direct one of the split crews. This lead person could also work
with contractors, be consistent in ordering new signs and being able to work the
Community-Development Director versus having just another person as part of the
maintenance crew.
City of Grand Terrace Page 14
Minutes Grand Terrace City Council July 14, 2015
Council Member Mitchell stated it was difficult in her mind to have two people with the
same title. Was there a possibility to have a Maintenance Crew Leader I and II so that
they did not have the same title? Her concern was with the subordinate staff being
confused with who was their supervisor and from whom'to take direction from.
City Manager Duffey stated that it was a point well taken and that in a larger
organization he could see how that would be an issue but what staff was trying to
capture with this position was the ability to have the experience. The title goes with the
experience however.staff could come back to Council with either a classification that
was slightly adjusted that said part-time Maintenance Lead or even adjust the title
accordingly so that there was no.confusion.
Council Member.-Wilson stated that this fell under the purview of the City Manager to
handle this kind of item and the Council should just rely on him to take care of it.
1. APPROVE TWO (2) ADDITIONAL PART-TIME (18-HOUR/WEEK) POSITIONS IN
THE COMMUNITY DEVELOPMENT DEPARTMENT: ONE (1) MAINTENANCE
CREW LEAD AND ONE (1) OFFICE SPECIALIST 2) PART-TIME POSITIONS;
2. APPROVE THE REVISED GAS TAX ACCOUNT LINE ITEM BUDGETS
DETAILED IN TABLE 2 OF THE REPORT; AND
3. APPROVE THE LABOR REALLOCATION OF THE POSITIONS DETAILED IN
TABLE 3 OF THE REPORT.
` RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tern
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey thanked the Community Development Department and the
Emergency Operations Committee for getting the AM Radio Station back on air. Staff
has ordered new equipment to enhance the radio station output. The HAM Radio
operations completed a system check yesterday and it was in compliance. He also
stated that the League of California Cities meeting was coming up at the end of
September early October. He thought it was very important for the City of Grand
Terrace and its delegates to be there to be able to share and network with the other
cities throughout the State. He also stated that he met with SANBAG Executive
Director, Raymond Wolfe, to discuss the Barton Road Freeway Expansion Project
which was projected to cost about $80 to $100 million in construction development upon
completion the Mayor was also in attendance. As the City moves forward with Economic
Development, having that interchange in its improved condition and a gateway to the
City was going to be vital to the City's Economic Development success. City Manager
Duffey stated that he suggested and would be moving forward on scheduling a Special
Successor Agency meeting on July 21, 2015 at 6:00 p.m. to discuss the Long Range
Property Management Plan.
City of Grand Terrace Page 15
Minutes Grand Terrace City Council July 14, 2015
ADJOURN
Mayor McNaboe adjourned the meeting at 8:08 p.m.
The Next Regular City Council Meeting will be held on Tuesday, July 28, 2015 at 6:00
p.m.
arc McNab ayor Pat Jacque-Na s,_Cit re( <c `-
- 1
City of Grand Terrace Page 16