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02/12/2004 CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING-FEBRUARY 12, 2004 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 February 12, 2004, at 6:30 p.m. PRESENT: Lee Ann Garcia, Mayor Maryetta Ferr6, Mayor Pro Tem 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, Sheriffs Department John Harper, City Attorney ABSENT: Herman Hilkey, Councilmember The City Council meeting was opened with invocation by Mayor Pro Tem Maryetta Ferr6,followed by the Pledge of Allegiance led by Councilman Don Larkin. SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2004-13 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the following consent calendar items with removal of items 3D,3F,and 3 G: 3A. Approval of Check Register Dated February 12, 2004 3B. Ratify 02-12-2004 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3E. Award of Construction Bid for Combined Roadway Project (E.G.N. Construction, Inc.) ITEMS REMOVED FROM CONSENT CALENDAR 3D. Approval of 01-22-2004 Minutes Council Minutes February 12,2004 Page 2 CC-2004-14 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER LARKIN,CARRIED 3-0-1-1(COUNCILMEMBERHILKEY WAS ABSENTAND COUNCILMEMBER CORTES ABSTAINED),to approve the City Council Meeting minutes of January 22, 2004. 3F. Community Development Block Grant (CDBG) Program Year 2004-2005 Re- Allocation CC-2004-15 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the use of$63,000.00 of un-programmed Community Development Block Grant(CDBG) Funds for environmental remediation programs for K&J Plating. 3G. Resolution Authorizing Nomination of a Project for Funding From the Safe Route to School Program Dick Rollins. 22797 Barton Road, indicated that he supports the resolution authorizing the nomination of the project to install a pedestrian sidewalk along the west side of Michigan Avenue between Commerce Way and Van Buren Avenue making a safer route for the Children walking home from Grand Terrace Elementary School. CC-2004-16 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve a Resolution of the City of Grand Terrace Authorizing Nomination of a Project for Funding from the Safe Route to School Program. PUBLIC COMMENT Jeffrev McConnell. 21758 Walnut, indicated that he is on the Board of Directors for the Grand Terrace Chamber of Commerce and writes the Blue Mountain Outlook. He reported that the Chamber will be holding their Luncheon on Tuesday and that Deena Bennett,who is the Assistant DA for Riverside and she also went through the Survivor the Amazon series, will be the guest speaker. The Chamber is looking for articles for the Blue Mountain Outlook from individuals and Organizations. They will be starting a sports page and anyone involved in the youth sports should contact the Chamber. The Chamber just formed a nominating committee and those interested in being on the Board of Directors should contact the Chamber office. Dick Rollins, 22797 Barton Road, reported that he suggested to the Crime Prevention Committee to place"Traffic Laws Strictly Enforced" at each end of the City in an effort to curtail the speeding down Barton Road. Council Minutes February 12,2004 Page 3 ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of 01-05-2004 CC-2004-17 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(COUNCILMEMBER HILKEY WAS ABSENT),to accept the January 5, 2004 Minutes of the Historical and Cultural Activities Committee. COUNCIL REPORTS Mavor Pro Tem Ferr6,reported that she attended the February 2,2004 meeting of the Colton Joint Unified School District School Board where they invited the Measure B Oversight Committee members to attend. There were two presentations that was a facilities update. The first presentation was given by Bob Hensley from Wolfe,Lang and Christopher(WLC) Architects,where he talked about the modernization of six schools in the district using bond funds to do that. One of the schools was Terrace View, Grand Terrace Elementary has already been modernized so both of the Elementary Schools in Grand Terrace have been modernized. The second presentation was given by Mike Ladsley from Fields Deveroe Architects and Engineers and he gave an update on the third High School in the Colton School District, which will be in Grand Terrace. They have a time line that the property should be purchase in 2004,construction begriming in 2005, and hope to open in the fall of 2007. The ultimate capacity of the High School will be for 2,500. They will probably open with 1,500 to 2,000 students. There is 61 acres of usable space the main access of the High School will be Main Street also student parking will be off Main Street. Of course nothing is for sure until the property has been purchase, however, the design will be a couple of buildings that will be two stories which will be the academic classrooms. This is good news that there is talk,something is going on,and that there is a time line. She attended a meeting on February 4,2004 for the San Bernardino County-wide Gangs and Drug Task Force. One of the presentations was given by a woman by the name of Christine Edgecome,which is the CEO of the Family Service Agency,she talked about their after school program which is for High School students and Jr. High School Students from after school to 8:00 p.m. They currently have approximately 100 students that they are serving, four staff members at no cost to the students. Students can go to this program on a volunteer basis, they can be referred by their school, they can stay in the program as long as it is needed. This is one of the after school programs that is successful in San Bernardino. She attended the Inland Empire Economic Partnership meeting this morning. The goal of the IEEP is to promote business in the Inland Empire and to create jobs. One of the reports was given by the Chancellor of the San Bernardino Community College District,Donald Everelle,since Grand Council Minutes February 12,2004 Page 4 Terrace is right in the middle of RCC,SBVC,and Crafton Hills College,the first part of his report would be interesting to Grand Terrace. "The Community Colleges are a unique educational system developed by the United States to address the needs of students that were unprepared to enter the four year college and university system. The original title for this system was Junior College,which is not referred to as Junior College any longer. With the intent of preparing students to transfer to a four year system eventually these colleges took on a broader mission in addressing occupational preparation, basic skills attainment, community services and economic development services to business and industry. So much of our work force is coming from the community college. In the late 60's the system was changed to the community college to denote their purpose of meeting the education needs of the local community. An interesting statistic, California has the largest community college system with 72 districts, 108 colleges,and many educational centers. It is anticipated that the enrollment in the community colleges in California will reach over 2 million students in 2010." This was the report given by Don Everelle regarding the workforce development in the community colleges,which was very interesting. Terri Ooms, the CEO of the IEEP has resigned and is moving to Pennsylvania with her family, so that position is now open. She has done a marvelous job of leading that organization and will be sorely missed. Councilmember Larkin.reported that Carl Wilson,a long time resident of Grand Terrace and a member of the Grand Terrace Lion's club, passed away last Tuesday, February 3rd and asked that the meeting be adjourned in his memory. Our thoughts and prayers go to his family. A couple of principles on how it works on electing representatives by the people,the whole idea is that Councilmembers are elected as representatives to address the interest of the community and not their own personal interest. They may have their pet projects but the whole idea is to look at what is best for the community. In most cases the decisions are reached by majority vote and that is usually the decision of the Council. All of the Councilmembers upon that vote really should support that decision. It is also very important that when there is discussions or decisions or anything like that, that they are made in a cooperative, open and honest manner. We have seen cases in the very recent past of other local governments that have been impacted about what happens when those principles are not followed. Luckily in Grand Terrace we have nothing that serious,we have not faced that situation that has been very grave. There has been some discussion and ideas about possibly looking at having a direct election of the Mayor and that is for the individuals to decide what is best for them. There is a growing concern, a concern that he really has. As most of you know, periodically the Council selects the Mayor, the Mayor Pro Tem, and City representatives to different agencies. Approximately a year ago,we went through the same process for selection of Mayor where Lee Ann Garcia was selected as Mayor and Maryetta Ferr6 as Mayor Pro Tern and then what was normal in Grand Terrace, different individuals were selected as representatives to different agencies. Soon after that he noticed that the communication wasn't good and some of the Councilmembers were left out ofthe loop about some things. It became apparent that our Mayor was interested in many of the different positions but was not selected because they were given to other people. First situation was Council Minutes February 12,2004 Page 5 with the League of California Cities,which he was the representative to, in the League any Councilmember that is involved can be involved which is fine, he was told that his responsibilities as a representative was to basically convey the wishes of the Council and to take notes. However,recently it has come up that they appoint representatives to SANBAG, which handles the transportation and highway funds, Councilmember Cortes was selected as the primary representative and Councilmember Hilkey was selected as the alternate. That group selects representatives to SCAG which handles transportation for all of the Southern California. This usually comes from representatives that are members of that body. When the Mayor was the alternate representative for Grand Terrace she was selected from SANBAG to be the representative on SCAG. Recently it has come to his attention that because of the fact her term was ending she was asking for a change in the administrative rules so that she could stay on as the representative to SCAG. The whole idea is that the representation of the City are selected by the majority of the vote of the Council and those are the ones who are representing the City. If we are going to do things to serve with the intent and the wishes are of the Council, he doesn't feel that what she did was correct. He feels that putting your personal interest in front of the community is wrong. He would like to see,since there is some concern about what the representation to the different agencies are, he would ask that the next agenda have the selection of the Mayor,Mayor Pro Tem, and all of the City representatives on it. Mavor Garcia, questioned if it would need to be a majority of the Council to direct that. Citv Manager Schwab,responded that we would have to agendize that. Councilmember Larkin,indicated that he would like it to be place on the agenda for the next meeting. Citv Attornev Harper, indicated that historically any Councilmember can place any agenda item that he or she wishes. Councilmember Cortes,reported that she attended a meeting on January 28'to bring them up-to-date on the work in progress for the Measure I renewal expenditure plan. SANBAG staff informed them that they have been very busy working on a list of projects and a distribution of funds to propose for the renewal of Measure I. Although it has not been finalized, SANBAG will likely ask voters to renew Measure I this November. The list of projects and how the funds will be distributed will be a major selling point for the voters. However, environmental work and preliminary engineer have started on the widening of Interstate 215 through Colton, Grand Terrace and Riverside. This will take about 5 to 8 years. SANBAG had hoped to secure funding for the construction of the new lanes with our existing Measure I,however,with the way the State Budget is it is impossible. If Measure I is renewed,widening of the freeway will be one of the highest priorities which Colton and Grand Terrace is looking forward to. Without the renewal of Measure I it is likely that this Council Minutes February 12,2004 Page 6 freeway will never be widened, at least in our lifetime. SANBAG expects to give a list of projects that they are finalizing by this spring and they will be bringing it to the City. She also attended a SANBAG Board Meeting, the executive Director Norm King,reported on the State funding problems. He mentioned that although SANBAG and the area cities may not be feeling the full effect of the State Transportation crisis,it is only a matter of time. He mentioned that a number of factors have combined a bleak funding picture which will result in no new state funding for transportation for the next three years. Some of these factors included lower than expected State and Federal gas tax receipt, a reduction in truck weight fees, a loss of revenue that is mixed from ethanol. SANBAG is analyzing its cash flow and may need to rely on greater contributions of Measure I dollars towards planned projects again. The uncertainty of the State and Federal funds makes Measure I more critical than ever. Mavor Garcia.reported that she attended the City Selection Committee and carried forth the wishes of the Council and voted for Councilmember Dennis Yates and he was declared the successful candidate for the AQMD vote. She said the La Pasta offers not only items that you can cook but items that you can microwave. She addressed the concerns of Councilmember Larkin and requested that they be in the minutes. The way it works at our Council, and she has been on the Council since 1996, and as far as longevity it is Councilmember Hilkey,Mayor Garcia then Councilmember Larkin, Mayor Pro Tern Ferre and then Councilmember Cortes. We make the selections that represent, however, as Councilmember Larkin mentioned relating to League intergovernmental relations are changing today. The League use to be that there was one representative and that person was the person that went and did League activities. The reason it has evolved is that there are many critical issues that are happening now and the League Board has recognized that it is important that every elected official be involved in what is going on. She apologized if Councilmember Larkin believes that this is in some way directed at our Council, but it is something between the 458 cities as far as every elected official needs to be involved because there is going to be an initiative that going to be coming up that will be important to all of our communities. So that was a decision that was made by the Division. In relation to the SANBAG and SCAG process, what we do here, since 1996, our Council tends to have a rotational direction in how they represent. When she got on council in 1996 Councilmember Jim Singley was the representative for SANBAG for two years and after him it was Dan Buchanan for two years and then after him it was Herman Hilkey for two years and now it is Councilmember Bea Cortes. We have a historical perspective that about every two years we change the primary representative to SANBAG. On the alternate she remained as the alternate from 1996 up to 2003. During that time, she represented five cities, so she understands that Council has selected who they want as the SANBAG representative, however, her selection to SCAG is from five cities. If it was a selection of the City she would not have taken it to the Admin Board,but she represents the City of Redlands, City of Yucaipa, City of Colton, City of Loma Linda as well as herself. The fact of the matter is that right now She sits on one of the most important Committees at SCAG. It is the Council Minutes February 12,2004 Page 7 Transportation and Communication Committee which oversees the adoption ofthe Regional Transportation Plan,which will determine how much money our region gets. Having been to that point it was important to her because she holds representation very important that she let her cities know that she would like to continue to represent them. The request that she took to admin, for the record, since she has been on Council since 1996 it was never a question of asking the Council to run for the SCAG seat,if the Council is going to censor or try to restrict what Councilmembers can do,but in the history of the Council that has never been the case. She has never asked the Council to run for the SCAG seat as a matter of fact she succeeded Mayor Deidre Bennett of Colton. She went in for two year on the Community Econommic and Human Housing Development Committee before she was actually selected when she was no longer going to be there. She spent two years as a policy representative and then ran for the seat in 1998. She feels that she has been a very active member at SCAG and worked to the point to where she is in that position. It also was important for our entire County. She feels that the positions that she has held has given her a regional perspective on the way things are. Grand Terrace is a small City it is absolutely essential that we work with our neighbors. We are not an island unto ourselves. She has always tried to work for the entire County in addition to the five cities that she represents, therefore she was able to be on a committee that allowed the high dessert to get a second representative. There are also two major issues that are coming down the pike relating to aviation and MAGLEV that will significantly impact the future of our region. So it has to do with these issues that she went to the SANBAG Admin. Committee and asked for a waiver to allow her to be a candidate to the SCAG seat and it was a unanimous recommendation of the Admin Committee that will go before the Board. She agrees with Councilmember Larkin that they need to have this open dialog. The Council has a strategic planning session scheduled for March 6 and respectfully requested that we hold over the request of Councilmember Larkin until they have that discussion. Councilmember Larkin. indicated that he has made his request. Mavor Garcia. questioned what if there is a request and a counter request. Citv Attornev Hamer, responded that the rule is to the extent that the Council really has a rule to, that they will allow Councilmembers to put on the available agenda whatever item they want. If Councilmember Larkin would like to move it from the next meeting to the first meeting in March he is certainly allowed to do that, however, it is his call. Councilmember Larkin. stated that if it is the majority opinion of the Council that you serve as a representative of SANBAG then that would make it even more logical that you are the representative to SCAG so this is not a situation of looking at just the Mayor position, he would like all of the appointments to be considered. Mavor Garcia. questioned if Councilmember Larkin understood the difference between the Council Minutes February 12,2004 Page 8 SCAG election and the SANBAG. Councilmember Larkin, responded in the affirmative. Mavor Garcia, indicated that she would like the residents to be made aware of the significance of the next Council Meeting of February 26, 2004. She wished everyone a Happy Valentines Day. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 4.72 of the Grand Terrace Municipal Code and Establishing Sewer User Charges City Manager Schwab gave the history of this item. He indicated that staff is recommending that the Council conduct a Public Hearing and adopt a new sewer rate structure effective 4/01/04 as set forth in the Ordinance. He stated that there are representatives from the City of Colton to answer any questions. Mayor Garcia opened the discussion to the public. Fred Cordova,City of Colton,indicated that he has been on the Utilities Commission for the City of Colton since the early 80's. The rates for the City of Colton have been raised five times since he has been on the Commission. Every time they increase the sewer rate Grand Terrace gets a slight increase as well. The residents of Colton always complain that the City of Grand Terrace pays less for sewer than the residents of Colton. He feels that it is way past due that the City of Grand Terrace catches up with the City of Colton rates. Bettv Guzman, 23202 Glendora Drive, expressed her doubts regarding the honesty and the motives of the City Council and City Administrators. She stated that the sewer rates were raised six months ago and now the City is proposing to raise the rates again and consistently over the next few years. She feels that this is not acceptable for the residents of Grand Terrace. She indicated that the audit that was done has not been made public to the residents of the City of Grand Terrace to review. She wants to know who establishes the sewer rates and who is responsible for the audit. She questioned what the Grand Terrace sewer hikes have to do with Measure W that is being proposed in Colton right now. She questioned where the money goes when the City pays the sewer rates. She also questioned if the money collected goes into Colton's General Fund. She stated that she was informed that Measure W, if approved would allow the rates paid by Grand Terrace residents to go into Colton's General Fund, which is what concerns her, that would be a hidden tax, which would be illegal. She questioned what was the reason for the sewer rate increase. She stated that she spoke to someone in the Colton Sewer Department and that they stated that the reason for Council Minutes February 12,2004 Page 9 the sewer rate increase was not due to facility updates. She stated that the City of Colton took out a bond to improve the facilities and that there was a sewer rate increase in Colton to cover that bond and feels that it is totally separate from Grand Terrace. She stated that unfortunately the City of Colton has had a lot of problems with the Council and misappropriation of funds,which has affected their City and feels that this is why we have all of these rate increases,which is affecting Grand Terrace. She feels that the City of Grand Terrace should keep the residents informed on all important issues by utilizing The Blue Mountain Outlook and the Community Access Channel. Al Holliman.Assistant Citv Manager,Citv of Colton,responded that the proposed Measure W has nothing to do with the City of Grand Terrace. All payments received from the City of Grand Terrace goes into the Wastewater Enterprise Fund. He indicated that the only money that goes into the General Fund is the Utility User Tax monies,which is only from the residents in the City of Colton and has nothing to do with the City of Grand Terrace or its residents. He also indicated that all payments from the residents for sewer also goes into the Wastewater Enterprise Fund, not the General Fund. He stated that Grand Terrace and Colton shares the system and that Grand Terrace only pays for their share. Mavor Deidre Bennett. Citv of Colton. stated that there was a policy decision made that segregated the sewer rate funds into separate funds and bank accounts so the money is kept separate from the general fund which allows them to track exactly what comes in and where it is going. The policy segregates Grand Terrace Funds from Colton's Funds and they are not commingled. The utility users tax is only to Colton's residents and only on the utilities which is a separate issue from the utilities themselves. Citv Manager Schwab, stated that the increase is for capital to increase the reliable capacity and also to pay debt service on past capital improvements. Eva Elias. Sr. Utilities Financial Analvst. City of Colton, indicated that she spoke to Mrs. Guzman regarding the sewer rates in Grand Terrace and clarified their conversation by stating that she told Mrs. Guzman she would need to speak to the City of Grand Terrace on the rate increase,not the City of Colton, due to all of the factors involved. Mayor Garcia returned discussion to the Council Councilmember Larkin, expressed his appreciation for the time that the Colton City Staff took to meet with the City Manager and himself. He clarified that the document is not an audit this was a revenue program review so that they could make an allocation between the City of Grand Terrace and the City of Colton so he doesn't want there to be a misconception. He wanted to be sure that Grand Terrace is paying for their fair share and the best that he can determine with this adjustment we will be. There have been problems with mismanagement of the wastewater facility in Colton and because of that Grand Terrace and Colton residents Council Minutes February 12,2004 Page 10 are probably going to end up paying more because of it. The agreement between the City of Colton and the City of Grand Terrace and if weare going to pay for what is done to that facility,it would be nice to have a little bit more active.involvement as far as what is being done. He indicated that he wasn't excited about the increase,however,we really don't have a choice and it appears to be a fair allocation of what the costs are. CC-2004-18 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(COUNCILMEMBERHILKEY WAS ABSENT),to Approve the first reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 4.72 of the Grand Terrace Municipal Code and Establishing Sewer User Charges. UNFINISHED BUSINESS -None NEW BUSINESS 8A. Mid-Year Budget Adjustments -FY 03-04 CC-2004-19 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to Approve the Revenue and Appropriation Adjustments to the FY 03-04 City Budget as follows: FY 03-04 Revenue Adiustments 10-300-05, Vehicle License Fees (VLF) - ($215,912) 47-100-xx,Barton Bridge Reimbursements - ($1,404,355) 10-300-08, Community Development Block Grant (CDBG) - $72,000 10-500-07,Parking Cites - Street Sweep Days - $8,000 FY 03-04 Annronriation Adiustments: 10-190-xxx, City Telephone System- $7,357 10-180-xxx, Animal Control Program- $13,000 10-450-710,Mt. Vernon Beautification- $10,000 10-805-701, Grand Terrace Road Project- CDBG Funded- $72,000 47-100-250,Barton Bridge Expenditures - ($1,433,224) 8B. Authorize Staff to Execute an Agreement with Probolsky Research to Conduct a Community Services Satisfaction Survey It was consensus of the Council that this is a good idea, however, they would like to table this item until after Strategic Planning and Goal Setting Session. Council Minutes February 12,2004 Page 11 8C. Creation of a City Community Soccer League Ad Hoc Committee CC-2004-20 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to appoint a City-Community Soccer League Ad Hoc Committee to assist Staff in Meeting with the Grand Terrace community Soccer League Board to negotiate a Facility and Field Use Agreement, to then be returned to the full City Council for adoption and to appoint Councilmember Hilkey and Mayor Garcia to the Ad Hoc Committee. 8D. Upgrade Pico Park Baseball Field CC-2004-21 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(COUNCILMEMBERHILKEY WAS ABSENT),to appropriate $5,000 from the Unappropriated Fund Balance in the General Fund to Provide for the upgrades needed at Pico Park Field#1. CLOSED SESSION 9A. Potential Litigation- Gerhard Mayor Garcia announced that the Council met in Closed Session to discuss Potential Litigation- Gerhard and that there was no reportable action taken. ORDER OF ADJOURNMENT Mayor Garcia adjourned the City Council Meeting at 8:20 p.m.in memory of Carl Wilson,until the next CRA/City Council Meeting which is scheduled to be held on Thursday,February 26, 2004 at 6:30 p.m. CITY CLERK of the City eGrand Terrace OR of the City of Grand Terrace