Loading...
10/23/2003 N CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 23.2003 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 October 23, 2003, at 6:30 p.m. PRESENT: Lee Ann Garcia,Mayor Maryetta Ferr6,Mayor Pro Tem Herman Hilkey, Councilmember Don Larkin, Councilmember Bea Cortes, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Jerry Glander,Building & Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriff's Department John Harper, City Attorney ABSENT: None The meeting was opened with invocation by Mayor Lee Ann Garcia, followed by the Pledge of Allegiance led by Mayor Pro Tem Maryetta Ferr6. SPECIAL PRESENTATIONS A. Home of Distinction Award Assistant City Manager Berry announced that the Abacherli Family at 12715 Blue Mountain Court are the winners of the Home of Distinction award for the third quarter. Mayor Garcia presented the family with the award and a gift certificate from Stater Brothers Markets. B. Commendation-Hugh Grant Councilmember Don Larkin read a Commendation for Hugh Grant commending him on his commitment to community service and the contributions that he has made to the City of Grand Terrace. Councilmember Bea Cortes presented Mr. Hugh Grant with a Certificate of Recognition from the California State Assembly on behalf of Gloria Negrete McLeod Council Minutes _ October 23,2003 Page 2 member of the Assembly, 61s` Assembly District congratulating him on his appointment as the Lion's Club International District 45 Governor. Hugh Grant thanked the Council and Assemblywoman and gave a brief overview of what his job will be as the Lions Club International District 45 Governor. C. Terrace Crest Baptist Church Kevin Norbridge,Associate Pastor of Terrace Crest Baptist Church,reported that the Church will be participating in the Halloween Haunt and gave a brief overview on upcoming events. Councilmember Dennis Yates of the Citv if Chino,gave a briefpresentation of whyhe would like the City of Grand Terrace City Council to support him as the San Bernardino County Representative on the AQMD Board. CONSENT CALENDAR CC-2003-118 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER LARKIN, CARRIED 5-0,to approve the following consent calendar items with the removal of items 3D and 3E: 3A. Approval of Check Register Dated October 23, 2003 3B. Ratify 10-23-2003 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3F. Update Resolution Authorizing Investment in Local Agency Investment Fund (LAIF) ITEMS REMOVED FROM THE CONSENT CALENDAR 31). Approval of 10-09-2003 Minutes CG2003-119 MOTION BY COUNCILMEMBER LARKIN,SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-1-0-0(MAYOR GARCIA VOTED NO),that the October 9, 2003 Minutes be amended to delete the items saying 5:30 p.m. Workshop down to the sentence that the City Council held a workshop to discuss transportation. 3E. Contracting with the City of San Bernardino for Animal Housing Services CC-2003-120 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM FERRE, CARRIED 5-0,to approve a Contract with the City of San Bernardino for Animal Housing Services. Council Minut,-s October 23,2(03 Page 3 PUBLIC COMMENT -None ORAL REPORTS 5A. Committee Reports 1. Emergency Operations Committee a. Minutes of 09-02-2003 CC-2003-121 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0 , to accept the September 2, 2003 Minutes of the Emergency Operations Committee. b. Appoint Regular Committee Member(Nichols) CC-2003-1-%2 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 5-0, to appoint C. Glenn Nichols as a regular member of the Emergency Operations Committee with a term continuing to June 30, 2006. 2. Crime Prevention Committee a. Minutes of 09-08-2003 CC-2003-1.23 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM FERRE, CARRIED 5-0, to accept the September 8, 2003 Minutes of the Crime Prevention Committee. COUNCIL REPORTS Mavor Pro Tem Ferr6, reported that on October 2 she attended the Southern California Edison's breakfast which was offered to all City representatives. It was held at the Radison and the purpose was to update City officials on what is happening in the electric utility industry and to identify questions or concerns that any of the City representatives have. There were quite a few questions and the SCE representatives did a good j ob answering those questions. It was a worthwhile meeting. She indicated that everyone's thoughts are with those having to deal with the fires in the area. Councilmember Hilkev,he commented that when the fire was in Reche Canyon a couple of news stations were reporting that some of the equipment was pulled out of Grand Terrace to cover the Fontana Fire and that there were homes that were lost as a result. This was an incorrect statement by the news, it was untrue. Councilmember Larkin,congratulated Hugh Grant on being recognized this evening.He has Council Minutes October 23,2003 Page 4 done a lot for the community especially for the Lions and he feels that it is well deserved. He reported that Valley Bank is having their Grand Re-opening on Friday,October 24,2003 from 11:00 a.m. to 3:00 p.m. The Halloween Haunt will be held on October 31, 2003 and the Country Fair will be held on November 1,2003. He reported that he has received several messages on e-mail and by phone on some apartments that were being considered on DeBerry Street. He requested that the City Manager give the Council information on the proposed apartments. City Manager Schwab, indicated that it is a 59 unit apartment complex that was set to be heard by the Planning Commission. He believes that some of the citizens thought that it was going to be the Council to hear this particular project which is why the Council was being contacted to vote against the project. He requested that the Community Development Director give a quick run down of what happened at the Planning Commission Meeting and what the status of that project is. Community Development Director Koontz, reported that a public hearing was held last Thursday. There were quite a few residents in the audience that spoke in opposition of the project. The Commission was concerned about crime,traffic,drainage and a couple of other minor issues. The project was continued for two months to allow the applicant to prepare a traffic study,look at reducing densities and they will be bringing it back in two months. The general consensus of the Planning Commission was not very positive. Councilmember Larkin, reported that the Foundation for Grand Terrace will be having different events coming up to further explain about the foundation and if anyone is interested in attending these events they should contact the Community Foundation and requested that the information be posted on channel 3. Councilmember Cortes,indicated that she was unable to attend the last council meeting due to a job related issue. She welcomed Tony Petta. Mavor Garcia, reported that the Community Foundation will raise money within the community and will be spent within the community. She reported that as of today the foundation has raised$10,000. She complimented the Foundation Members for their work. She attended along with the City Manager and Councilmember Larkin, the League of California Cities Legislative Task Force. On November 20, there will be a special Inland Empire Division Dinner where they will be doing a Jim Thalman Distinguished Service Award for Chino Hills Councilmember Jim Thalman that passed away. They will also recognize the support of the coalition partners that have been giving dollars to help cities. On November 19th at the Doubletree in Ontario,there will be a legislative briefing. She gave a status report on where the League is on the ballot initiative for cities. She reported that Christine Leathers is the new Director of Intergovernmental Affairs. Janet Leyban is the new AQMD Representative Liaison for our area. On October 29,2003 from 10:30 to 12:00 noon Council Minutes October 23,2003 Page 5 there will be the Decimation 20/30. She was out of town and missed Dennis Byas' presentation at the Chamber Luncheon,however, she heard there was a good turn out. She reported that she had the opportunity to speak with Dennis Byas today and he reported to her that the 2003 State of California High School Ranked by API Growth ranked Colton High School number 10 out of the 690 high schools in the State. She is looking forward to the upcoming Halloween Haunt and Country Fair. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Title 6 of the Grand Terrace Municipal Code and Establishing Regulations Governing Animal Control. Assistant City Manager Berry gave a brief overview of the proposed amendments to title 6 of the Grand Terrace Municipal Code regarding regulations governing animal control. He indicated that the fee schedule will be brought to the Council at the next meeting for action. Mayor Garcia opened discussion to the public. Wavne Youngman.22574 Van Buren,confirmed that the current licenses will remain current until the date of expiration. Assistant Citv Manager Berrv, concurred. Wavne Youngman, indicated that he has an animal that is very precious to the family and reported that they have a microchip planted in her. He feels that the micro chip implantation should be voluntary. Mayor Garcia returned discussion to the Council. Councilmember Hilkev, questioned if the $750.00 fee on page 4 is a one time annual fee. Assistant Citv Manager Berrv, responded in the affirmative. Coiuncilmember Hilkev, confirmed that the Ordinance will come back to the council for a second reading. He questioned if there is any way to get pricing on microchips for a voluntary program. CC-2003-124 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM FERRE, CARRIED 5-0, to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Title 6 of the Grand Terrace Municipal Code and Establishing Regulations Governing Animal Control. Council Minutes _ October 23,2003 Page 6 UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City of Grand Terrace,California Approving General Plan Amendment GPA-03-01, E-03-05 Adding the Noise Element and Respective Negative Declaration CC-2003-125 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM FERRE,CARRIED 5-0,to approve the Second Reading of an Ordinance of the City of Grand Terrace,California Approving General Plan Amendment GPA-03-01,E-03- 05 Adding the Noise Element and Respective Negative Declaration. NEW BUSINESS 8A. Adoption of a Resolution Calling for a Special Municipal Election relating to Directly Electing the Mayor Dick Rollins.22797 Barton Road, indicated that the current system has worked for almost 25 years. Grand Terrace is a contract city not a General Law City, he feels that having a directly elected Mayor doesn't serve any purpose at all. We have a good Council and a good City why change it. Betty Guzman, 23202 Glendora Drive, questioned if the Council is going to decide if the term is going to be two years or four years tonight. Mavor Garcia,responded in the affirmative. Citv Attornev Hamer.indicated that the first thing that the Council needs to decide is if they want to place this issue on the ballot. Mavor Garcia, stated that the Council already voted to place it on the ballot. City Attornev Hamer, responded that the item is on the agenda tonight. Bettv Guzman, stated that it was not their understanding. City Attornev Hamer, indicated that there is no legal obligation for the Council to call the election. Although at the last meeting some of the Councilmembers indicated that this is what they would like to do ultimately the decision is when you approve the resolution calling the election. In order for this to move forward the majority of the Council will have to vote in favor of some version of this resolution calling for the election. Council will have to determine in the body of the first resolution whether they want a two or four year term and decide in the body of the second resolution who they want to appoint to write the arguments. Ultimately the Council has to vote positively on the two resolutions. Council Minutes October 23,2003 Page 7 Mavor Pro Tem.Ferre, indicated that it was her understanding that at the last meeting that Council voted to bring a resolution to this meeting calling an Election and whether we accept the resolution or not determines whether it goes on the ballot. She did not feel that they voted last meeting to put it on the ballot. She voted to bring the resolution to tonights meeting. Mavor Garcia, confirmed that the Council will be voting on the resolution and if the resolution fails it will not go on the ballot. Bettv Guzman, confirmed the Council will be voting on the resolution tonight calling an election. She indicated that they feel a two year term will be the best for the City. Grand Terrace residents want the opportunity to make the choice on who the Mayor is. She questioned whether the citizens will know who the Council appoints to write the written arguments. City Attornev Hamer, indicated that the Council will make that decision tonight at the meeting if it goes that far and it will be public. What is on the agenda tonight is simply the resolution and nothing else. Tonv Petta,indicated that each member of the Council should have an opportunity to be the Mayor if they desire. He feels that there should be term limits even if the Mayor is chosen by popular vote. Citv Attornev Hamer. indicated that many Council's adopt term limits that aren't elected Mayors. Wavne Youngman. 22574 Van Buren Street, indicated that this was brought up by the concerned citizens of Grand Terrace because they felt that they didn't have a voice in the government. He feels that Grand Terrace should have a Mayor where their performance is the deciding factor on whether they go on for additional terms,performance counts. Citizens want a voice. Dick Rollins, indicated that each councilmember has a single vote, the Mayor can not out vote the rest of the Council,they can not say what the City does. He knows of no other City that will allow anyone to get up and talk throughout the meeting. The citizens of Grand Terrace have more voice than any other city that he knows of. He feels that they need to take a real good look at this before they vote. Mavor Garcia.encourages residents to get involved and believes that everyperson in the City counts. The Council wants to be responsive to their needs. Should this go forward she would ask that we have public policy discussions and that we be respectful of each others opinions and really understand that people have different perspectives and understand that Council Minutes October 23,2003 Page 8 if there is not agreement that there isn't animosity toward your neighbor. Because we are a small city, she wants the heart of Grand Terrace to stay intact, even when there are difficult public policy discussions. Councihnember.Larkin,indicated that he feels that it is very important that our citizens have a voice and participate actively in our government and he feels that this is one of the things that this Council has tried to promote. Right now there is one of two ways to place something on the ballot. One,you do a petition drive of citizens within the community and they put it on the ballot or two,the City Council can put it on the ballot. The reason behind placing directly electing the Mayor on the ballot is to give the voters a direct voice on who is the Mayor. It seems to be a concern that we will have a situation that possibly 3 of the 5 Councilmembers will select the Mayor. In the same light, why should 3 or 5 of the Councilmembers take the citizens right to place something on the ballot. If we want to have active discussion and engagement then it seems like the most logical way to do that is to let the citizens decide. They can have the opportunity to do that by doing a petition drive and . them placing it on the ballot. He feels that the petition drive is the more logical way to go. Councilmember Hilkev, indicated that it was his understanding that at the last Council Meeting it was understood that staff was going to bring back an examination of some kind of research on how this would affect the City,if the Mayor is directly elected. He would like to get down to the detail on what we are trying to fix. He is getting very strong conflicting messages on what we are trying to fix. One person feels that if the Mayor is elected it will change the authority of that position. The Council says that it will not change the authority of that position. Term limits is not addressed in this resolution for Mayorship and he feels that term limits takes voters rights away. He has heard people say that they are not happy with somethings in the City. He is hearing inconsistencies in what we are trying to fix. We can't fix it unless we know what we are trying to fix. He has a concern with electing a Mayor for two years, who is going to run for a two year term when everyone else on the Council is going to run for a four year term. Those type of analysis is what he expected staff to bring back to the Council. He feels that we need to look at unexpected consequences that could happen before rushing into an election. Why not let the highest vote getter take the position of Mayor Pro Tem and rotate that person in two years to Mayor and rotate that person out in two years. The elections will stay the same, it won't cost anymore, and we have a structure that addresses the Mayor Pro Tem and the Mayor. And the public picks them. He wants more analysis on what the long term effects will be. He feels that it is only right that if we are going to make a decision like this that we need some analysis on how that will effect the long term ability of this Council and what things will cause change by a Mayor that is elected as opposed to a Mayor that is appointed on the Council. Citv Manager Schwab, indicated that he was not at the last meeting when this item was discussed,however,he watched the video and reviewed the minutes. It was very clear to the staff that the only item that was going to be brought to the Council is the question of would Council Minutes October 23,2003 Page 9 this item be placed before the voters. There was no request for an analysis. He actually does not believe that staff could provide an analysis, because what you are asking him to do is provide his opinion and he does not believe that his opinion has any part of this discussion. The Council is the policy body that sets policy. This is a major policy decision,his opinion simply has no place in that discussion. What we did is place this before the Council and the question tonight is do you or do you not want to put this to the voters in March of 2004 and whether you want that to be a two year term or a four year term and that is simply.what is on the agenda tonight. Citv Attomev Harper, indicated that the Mayor is essentially a ceremonial position even if elected. Staff could look at how other cities go through the Mayor selection process absent an election. Every city that he has represented has had this same discussion on how Mayors are chosen. Periodically there are political issues that make the selection of Mayor more difficult than other years. Most cities have tried to adopt rules. Mavor Pro Tem.Ferre, indicated that she was in favor, at the last meeting, of bringing this resolution before the Council, which is exactly what has happened tonight. She is still in favor of bringing the issue before the voters so that they can decide for themselves. Whether it is done via this resolution or by a petition is yet to be determined. In this resolution, she is adamantly against a two year term for a directly elected Mayor. Her father was the first elected Mayor of the City of Colton. There was a group of concerned citizens who thought this was the right way to go, it has never worked and this group of people that are still in Colton will tell you if they had it to do again they would not do a two year term. No one on this Council should have to run every two years for a position that is a position of ceremony. That is her opinion regarding this resolution. She wants to make it very clear that whether it is via the resolution or via a petition,the people have a right to decide on this issue. Councilmember Cortes,indicated that she was under the impression that we were going to vote tonight if this item is going to be put on the ballot. She indicated that she is waiting to see who is going to make a motion to support it or not support it. Mavor Garcia, indicated that ever since she has been involved in government she has liked when people are involved in their government, she likes when people want to go and vote on an issue. She understands Councilmember Larkin's concern,however,the group will be able to do this should the Council not approve the resolution. She is supportive of giving the people a choice to vote. She feels that this will allow the public dialog to start. She feels that it would be wonderful to have the community involved in the discussion as opposed to five people. She believes the more perspectives you can have on an issue the better it is. She truly respects different perspectives. It may be frustrating at times, however it is good to have different perspectives. She supports this to go on the ballot to allow this dialog to be opened to the community and should it go that route we should be respectful of each other. She never wants the City to be divided. She feels that it is best for the City to allow the Council Minutes October 23,2003 Page 10 residents to have public dialog on this issue and let them vote on it in March and let them decide. Councilmember Hilkev,stated that he feels that this issue would be the ideal topic to discuss at a Town Hall Meeting. He feels that the misinformation within the last month is pretty horrendous. There are questions about a two year or a four year term and which cycle the Mayor is elected on. Mavor Garcia, indicated that at any point anyone that fills the requirement of living in the City can run. She feels that Councilmember Hilkey is doing more of a political analysis as far as whether or not it would be in somebody's best interest to run,however anyone can run whether they are on Council or not. 'Citv AttornevHamer,indicated that he feels Councilmember Hilkeyis saying that rather than adopting a Resolution tonight it might be appropriate to discuss this subject at a Town Hall setting and get input on these issues prior to deciding whether or not you are going to put it . on the ballot. He reminded the Council that once it is decided to place this on the ballot the City may not spend money supporting or opposing the ballot measure. Mavor Garcia,responded other than the arguments. Citv Attornev Hamer, concurred,however,he gave an example of the City of Norco where they have a Charter on the ballot and one of the things that they are realizing is that the Town Hall Meetings on the ballot measure are simply the City Attorney answering questions on what the legal effect is going to be it is not I am in favor or opposed because the City can't spend money to have that type of dialog. At a Town Hall Meeting if it's not a ballot measure,the City can spend money organizing the Town Hall Meeting sending out notices, etc. Councilmember Larkin,stated that if the citizens are in the process of getting a petition drive and the City holds a Town Hall Meeting it can be used as a forum. Citv Attomev Hamer, concurred. Councilmember Hilkev, again stated that he feels that it would be an ideal application for a Town Hall Meeting,he feels that it would be very appropriate. Mavor Garcia,indicated the deadline for the March Election is December 5"'. She feels that it doesn't give them enough time to get the information out there. Councilmember Hilkev, questioned why the rush. Council Minutes October 23,2003 Page 11 Mavor Garcia. responded that at the last meeting the members of the community that attended the meeting had the understanding that the Council was supportive of this measure going on the March ballot and she feels that it is important when you give your word that you try to keep it as much as possible. She feels that through discussions that she has had with the group of concerned citizens they felt that the promise had been made. Mavor Pro Tem Ferre. stated that Mayor Garcia is speaking for herself. She is not involved in any type of promises whatsoever. As she reads this agenda item she sees it as an Adoption of a Resolution calling for a special municipal election relating to directly electing the Mayor and she doesn't feel that she has any misinformation, she has not received any information other than there is a group of people who want to have the right to decide whether they have a directly elected Mayor or not and they are willing to do it either with the resolution or with a petition. That is the only thing that the Council is dealing with this evening. She knows nothing of promises.. Mavor Garcia.clarified that the vote that was taken a month ago and the perception from the residents that were at the meeting,based on a conversation that she had with them,was that they felt that the Council was supportive of putting the issue on the ballot and for the staff to bring back the resolution. CC-2003-126 MOTION BY MAYOR GARCIA, SECOND BY MAYOR PRO TEM FERRE, MOTION FAILS 2-3-0-0 (MAYOR GARCIA AND MAYOR PRO TEM FERRE VOTED.YES), to adopt a Resolution of the City Council of the City of Grand Terrace,California,Calling and Giving Notice of the Holding of a Special Municipal Election to be held in said City on Tuesday, March 2, 2004 for Submission to the Voters a Question Relating to Directly Electing the Mayor for a four year term. 8B. Schedule November and December City Council Meetings CC-2003-127 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER LARKIN, CARRIED 5-0, to schedule one meeting for November 13, 2003 and schedule one regular meeting for December to be held on the 11th following the City Birthday Celebration. 8C. Regional Committee Appointments There was no action taken. 8D. Highgrove/Grand Terrace Rail Station Councilmember Larkin indicated that Grand Terrace's participation would be relative to the cost. Each councilmember expressed their support for a Highgrove/Grand Terrace Rail Council Minutes October 23,2003 Page 12 Station. 8E. Town Hall Meetings It was the consensus of the Council to discuss Town Hall Meetings at the next Goal Setting Workshop in 2004. CLOSED SESSION-None ORDER OF ADJOURNMENT Mayor Garcia adjourned the City Council Meeting at 9:20 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday,November 13, 2003 at 6:30 p.m.. CITY CLERK of the City y Grand Terrace MAYOR of the City of Grand Terrace