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08/11/2005 J CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING-AUGUST 11. 2005 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 August 11, 2005, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes,Mayor Pro Tern Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, 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 ABSENT:. Lt. Hector Guerra, Sheriffs Department John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook Church followed by the Pledge of Allegiance led by Councilmember Herman Hilkey. ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Proclamation - Southern California Association of Governments - 40 Years of Service Councilmember Garcia read the Proclamation commemorating SCAG's 40 years of service to the Southern California region and acknowledges that SCAG will continue to play a critical role in shaping Southern California's Future. 2B. Certificate -New Citizen Patrol Member Mary Danelle Bubier Mayor Ferr6 introduced the newest member of the Grand Terrace Citizen's Patrol, Mary Danelle Bubier, and presented a certificate of recognition for her completion of the Citizen Patrol Academy with the San Bernardino County Sheriff's Department. Council Minutes August 11,2005 Page 2 CONSENT CALENDAR CC-2005-74 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of items of 3A.and 3C.: 3B. Waive Full Reading of Ordinances on Agenda 3D. Resolution to Direct Collection of Delinquent Sewer User Fees on Tax Roll 2005-2006 3E. Travel Authorization- Council and City Manager ITEMS REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register Dated August 11, 2005 CC-2005-75 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the Check Register Dated August 11, 2005 with the removal of Voucher# 55904 in the amount of$408,658.00. Voucher# 55904 in the amount of$408,658.00 CC-2005-76 MOTION BY MAYOR FERRE, SECOND BY COUNCILMEMBER GARCIA, CARRIED 2-1-0-2 (COUNCILMEMBER HILKEY VOTED NO AND COUNCILMEMBER MILLER AND MAYOR PRO TEM CORTES ABSTAINED), to accept voucher #55904 in the amount of $408,658.00 and to amend the commission of the Agent for the rental of the property to 6%. 3C. Approval of 07-14-2005 and 07-26-2005 Minutes CC-2005-77 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the July 14, 2005 Minutes and the July 26, 2005 Minutes with an amendment.to motion number CC-2005-73 as follows: CC-2005-73 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 3-1-1-0 (COUNCILMEMBER MILLER VOTED NO AND COUNCILMEMBER GARCIA WAS ABSENT),to enter into anew 10-year agreement with Honeywell for HVAC equipment and a full maintenance contract on all city-owned HVAC units. PUBLIC COMMENT Council Minutes August 11,2005 Page 3 Bill Hays,22114 De Berry, stated that at the last Council Meeting he questioned if more tax allocation bonds were going to be brought forth in reference to the 13 million that the Redevelopment Agency issued last November, and weren't informed about for several months,and Mr. Schwab responded that he didn't know about any tax allocation bonds even though he had addressed He and Mr. Karger twice with regards to them. He has copies of the Community Redevelopment Agency of the City of Grand Terrace Notes of Financial Statements of August 2004 that the Agency issued 13 million of refunding Tax Allocation Bonds Service 2004. The Bonds were issued to refinance various bond services. He also asked where the shortfall in the budget was going to be made up. He referred to an article that was in the Press Enterprise on Friday, May 13, 2005 that stated that the Revenues werel7.5 million and the expenditures were 21.5 million with a deficit taken from reserve fund balance. He presented the information to the Council. He stated that citizen's have not been able to see or hear anything about the Outdoor Adventures Center. He stated that on October 22, 2004 a law suit was file against the City. He questioned why the residents are not being informed about the OAC. He referred to an article in the Press Enterprise on Wednesday, September 22, 2004 that it is quoted we don't want a Walmart or large trucks in our City, so he is confident that we can count on the vote for a town center because it is going to be a big box store. City Manager Schwab.stated that Mr.Hays' question at the last meeting was,were there any additional bonds sold beyond the 13 million dollar bonds that were sold for the refinancing and the answer was no. He stated that anyone who knows how to read a budget knows that you look at not just the current revenue coming in but the fund balance and capital balances that you draw on to do projects. If you look at the project before us tonight it is going to be a 9 million dollar project that is going to come from the Redevelopment Agency. That money has been saved over the years in order to do the project so in the year that the project is done it is going to show that the revenues are much lower. So when you read a budget you can't just take the revenues and subtract the expenditures and say there is a deficit. You have to take the revenue plus all available fund balances and capital funds to equal available cash which then is used to service any expenditures against the budget. So in the City's case there is revenue and fund balance,that is the available cash,that is sufficient to pay for all of the expenses that is budget in this years budget so therefor it is a balanced budget. ORAL REPORTS 5A. Committee Retorts 1. Historical and Cultural Activities Committee a. Minutes of 06-06-2005 CC-2005-78 MOTIONBY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to accept the June 6, 2005 Minutes of the Historical and y Council Minutes August 11,2005 Page 4 Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of 07-05-2005 CC-2005-79 MOTION BY COUNCILMEMBER HICKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the July 5, 2005 Minutes of the Emergency Operations Committee. COUNCIL REPORTS Councilmember Garcia, reported that the opening ceremonies for Soccer will be held on Saturday. She reported that the Chamber will hold their Annual Golf Tournament on August 26`h and encouraged anyone interested to participate. She stated that at the League of California Cities Board Meeting telecommunications was a big issue. She stated that there is a merger of Verizon and MCI and that there is going to be a public hearing at the San Bernardino Public Library on Thursday, August 18, 2005 at 2:00 p.m. and 7:00 p.m. She reported that the Omnilink service was taken away and in return Grand Terrace gets access for the entire City. Information will be provided in the Blue Mountain Outlook. She encouraged those who need the service to take advantage of it. Councilmember Miller, stated that anyone interested in participating in the Chamber of Commerce Golf Tournament should call the Chamber at 909 783 -3581 or the Chairperson, Margie Miller at 909 534-2500. Mavor Pro Tem. Cortes, reported that at the SANBAG Board of Directors Meeting, Norm King,Executive Director,formally gave notice of his retirement. They are in the process of looking for a firm that will help in finding a new Executive Director. She also reported that Gary Moon has lung and brain cancer and is not doing well. She wished City Manager Schwab a happy birthday. Mavor Ferre,reported that she received a call from Anita Edstrum who announced that the Grand Terrace Girls Junior Softball team went to the Western Regionals in Tousan and were undefeated. They are now on their way to Kirkland,Washington to play in the Little League Series for girls Junior Softball and wished them the very best. She would like to do something in the Blue Mountain Outlook on the team. Assistant Citv Manaiaer Berrv. stated that he is already working on it. PUBLIC HEARING 6A. GPA-05-01, SP-05-01, SA-05-15, E-05-16 - a proposal to Develop 120 Units of Council Minutes August 11,2005 Page 5 Multi-family Senior Housing, a 6,500 Community Senior Center, and a Four Acre Passive Park An Ordinance of the City Council of the City of Grand Terrace Approving SP-05-01 (Blue Mountain Senior Villas Specific Plan)and Environmental Assessment E-05-16 An Ordinance of the City Council of the City of Grand Terrace, State of California, Approving General Plan Amendment Case No GP-05-01 for an Amendment to the City General Plan - Community Development Element to Add a New Land Use Designation of Medium High Density Residential Gary Koontz Community and Economic Development Director,indicated that on August 4, 2005, the City Planning Commission held a public hearing for a proposed 120 unit multi- family senior housing project with a 6,500 square foot community senior center and four acre passive park. The project is located at the site of the existing community senior center along the south side of Grand Terrace Road approximately 200 feet east of Mt. Vernon Avenue. He gave an overview of the project. Mary Silverstein. Developer with Comoration for Better Housing, gave a presentation that presented the projects that they have completed and then gave information on the project at hand and then closed with the profile of the future residents. Camilo Arellano,Landscap_ e Architect,gave a presentation on the conceptual landscape plan for the project. Mary Silverstein.stated that this proj ect is truly designed for the entire community. She gave statistics on who resides in facilities like the proposed project. She shared an artist rendering of the proposed facility. Citv Manager Schwab,reported that at the Planning Commission meeting he explained why the Redevelopment Agency is involved in the project. He gave an overview of the source of the funding for the proposed project. The Agency is proposing to fund approximately half of the project. The project is budgeted to be approximately 18 million dollars and therefor the Agency is going to budget to subsidize approximately 9 million dollars with Redevelopment funds. Redevelopment money is property tax money that is paid for by the residents into the Redevelopment Agency Fund. One of the laws under redevelopment is that 20%of all taxes that are collected in the Redevelopment Agency must be used for affordable housing. The City of Grand Terrace in our tenure as a Redevelopment Agency has concentrated on primarily two things,low and no interest loans for home improvements and the single family purchase rehabilitation program. The Agency has done no senior housing to date. He stated that the revenues according to the Redevelopment Agency Law must be obligated withing 5 years of the date of receipt or they are subject to be lost to the County of Council Minutes August 11,2005 Page 6 San Bernardino. We have not lost any of our funding to date. He has toured many sites that are owned and operated by Corporation for Better Housing. He stated the funding source comes from Redevelopment Tax Increment,the Agency needs to use the money for housing and he is proposing that the Agency uses it for this particular senior housing project. Communitv and Economic Development Director Koontz, went over some design and engineering issues. He indicated that the Planning Commission recommend that the City Council approve Environmental Assessment E-05-01, approve an Ordinance to amend the City General plan as requested under GP-05-01,and adopt an Ordinance approving the Blue Mountain Villas Specific Plan under SP-05-01. Councilmember Garcia, stated that she really likes landscaping and wanted clarification on what the swells are. Camilo Arrellano.responded that there are a series of swells on site that are gentle mounds with a dip and the dip is covered with grass. This allows any of the water that comes from the parking lot to go through the park deep filtered and at the end it will be cleaner water that will eventually go to the storm water system. Councilmember Garcia, questioned what the landscaping buffer will be for those residents that are on Brentwood. Camilo Arrellano, responded that they have designed for medium height trees to provide shade and constant screen. Nothing too tall to impede the view. The maximum height of the trees would be 24 to 25 feet high. Councilmember Garcia, questioned what type of fencing will be installed. Camilo Arrellano, responded that they are proposing that a fence be right next to the adjoining properties. At this time it is proposed to be wrought iron or tubular steel with decorative columns. Councilmember Garcia. questioned how tall the fences will be. Camilo Arrellano, responded that they will be about 6 feet tall. Councilmember Garcia, wants to make sure that it will be aesthetically pleasing. Councilmember Hilkev, questioned where the air conditioner compressors will be located. Mary Silverstein, responded that there is one per unit and they are built into the walls. Council Minutes August 11,2005 Page 7 Ben Lingo,Development Team,stated that the actual unit is flush with the exterior wall and painted the same color as the stucco. There is not a condenser on the ground and it won't be transmitting noise to the outside. Each unit has its own that is self contained within its own unit. Councilmember Hilkev,wanted clarification on what the developers consider a.m.traffic and p.m. traffic. Communitv and Economic Development Director Koontz, stated that staff had the traffic engineer look at the proj ect and referred to the letter provided to the Council. He stated that the traffic engineer stated that the project will not have any significant traffic circulation,or off-site parking impacts. Part of the conditions of approval are that they will have to do full improvements on the north side of Grand Terrace Road and to tie in with the improvements on Mt. Vernon. Councilmember Hilkev, expressed his concern with the morning high traffic time. Confirmed that there will be full improvements on the North side of Grand Terrace Road to Mt. Vernon and questioned what the status is for the south side. Community and Economic Development Director,responded that the south side was done about a year or so ago and this project will finish out the north side. Councilmember Hilkev_ , questioned if there are any plans for shared parking with the elementary school. Communitv and Economic Development Director Koontz,stated that the visitor parking lot is an open area that can be used for the park. People can park in the parking and walk to the school. Mary Silverstein,stated that the Villas will be gated and there is no opportunity for overflow parking into the residential parking at all. The open parking is available to the public. She stated that it is her experience with other projects that maybe 50%of the residents have cars. She stated that she spoke to the property manager at one of their facilities and he stated that 40%of their parking lot is empty almost every day and of the cars that are there 50%of them have a thick layer of dust. Councilmember Hilkev, questioned if there is an exercise pool. Communitv and Economic Develop_ment Director Koontz , responded that they are not proposing a pool. Councilmember Hilkev, questioned why they are placing trees in front of the.large viewing Council Minutes August 11,2005 Page 8 window. Camilo Arellano, stated that the model isn't portraying what is going to happen. There is going to be citrus trees which will be dwarf varieties so they will easily be able to see over them. Councilmember Hilkev, questioned if there will be any trees in front of the glass area. Communitv and Economic Development Director Koontz, stated that there will be some citrus trees designated in the area. Mary Silverstein,stated that the drawings are meant to be decorative,the actual trees will be the ones that are in the landscaping plan. Councilmember Hilkev, questioned if there is an elevator. Mary Silverstein, responded that there are two elevators. Councilmember Hilkev, feels that businesses don't do well next to senior centers. He feels that this is a good location for the project and that it makes sense to have it in that location. Councilmember Miller,stated that he knows that there are a lot of people in the audience that live on Brentwood and he also knows that people purchase homes when they have a view. After walking the site, he has an idea of which of the homes on Brentwood will no longer have a view because of the project. He knows that the value of the properties will drop without having the view. He stated that Council hasn't seen any other renderings of possibilities for the layout of the property. He expressed his concerns for those people who will have their view blocked and the value of their property and he would like to hear what they have to say. He noticed that there are only two trash enclosures and questioned how they will get their trash to the enclosures. John Cotton, Architect,responded that there are trash chutes on each floor at the end of the corridors. Councilmember Miller,he stated that he didn't see anything designated for trash in the park. Camilo Arellano,stated that the park will have trash receptacles located throughout the park, the locations of those has not been determined yet. Councilmember Miller, stated that he didn't see any water fountains in the park. Mary Silverstein,responded that there will not be any water fountains in the park the senior Council Minutes August 11,2005 Page 9 center has grown an extra 1500 square feet. There were many discussions with the staff and with the seniors about what was more important. Given the limited sources and limited space,the most important thing was a facility that was most useful to the entire community. Councilmember Miller. when the City was looking at building Petta Park it was for Grand Terrace and the entire community. Everyone on the outside coming in has to come in only where the driveways are. Mary Silverstein, responded in the affirmative. She stated that the City requested that they limit any type of vandalism. Councilmember Miller,people are going to drive to the park and walk in the park and then leave in their cars. Mary Silverstein, stated that this park was designed as a passive.park. Commuitv and Economic Development Director Koontz, stated that it is designed as a landscaped area. Councilmember Miller,stated that it makes sense to him to have water fountains in the park. Mary Silverstein,stated that drinking fountains can be installed,she thought Councilmember Miller was referring to decorative fountains. Councilmember Miller, confirmed that there will be drinking fountains in the park. Mary Silverstein,responded that there will be drinking fountains in the park. Councilmember Miller,clarified that the wrought iron fence will be around the park and also on the south part of the property line. Mary Silverstein. responded in the affirmative and that they are currently discussing with Edison placing it directly against the property line. Councilmember Miller, questioned if there will be a gate at the first entrance. Mary Silverstein, responded that the gate will be at the main entry. Councilmember Miller, questioned if there will be a gate as you go in and out onto Grand Terrace Road. Camilo Arellano, stated that the public parking area will not be gated. Council Minutes August 11,2005 Page 10 Councilmember Miller, questioned if there will be any security provided by the Company. Mary Silverstein,responded that they have a manager and manager's assistant that will live on site. They typically with their projects have some form of patrol. Councilmember Miller, questioned the height of roof line from grade on the south side. Ben LinLyo, responded that the height of the roof from the grade on the south side from the finished floor after the grade will be 34 feet. Where the grade is today versus where it will be when the building is built will be taken down about 10 feet. Mavor Pro Tern Cortes, questioned if the site will provide some form of transportation. Ben Lingo,responded that it is in the conditions of approval that theyprovide shuttle service. Mavor Pro Tern Cortes, questioned if there are 100 units this will allow for a site manager. Ben Lingo, responded that it will allow them to have two managers on site instead of one. Mavor Pro Tern Cortes, questioned what the impact will be on property value. Ben Linao,responded that in his research,there are some studies that show that there is not a negative impact. What needs to be looked at is the precise project and development that is being proposed. This development includes a four acre open area a building that is planned to be built to the highest standards, the best materials. It is their intention to have a plan that has the least amount of impact. It is their intention to build a project that will compliment the neighborhood and have a positive impact on the area. Mavor Ferre, wanted clarification that Grand Terrace Road will be improved from Mt. Vernon to Vista Grande Way. Communitv Development Director Koontz,responded that when the street widening proj ect was done a small section of Grand Terrace Road was improved. From those improvements to the intersection of Vista Grande Way and Grand Terrace Road will be improved. Mayor Ferre opened discussion to the public. JoAnn Johnson, 12723 Mt.Vernon,stated that she is totally in favor of the Senior Villas and feels that this is something that is needed in Grand Terrace. She feels that the Blue Mountain Villas, the Senior Center and the Susan Petta Passive park will be a welcome haven for innumerable people in the years to come. Toriv Petta. 11875 Eton Drive,stated that he has had a number of conversations with seniors Council Minutes August 11,2005 Page 11 throughout the community and they are excited about the project. He feels that the site is a perfect location for this project. It is his opinion that the present Planning Staff, Planning Commission, and City Council is the best that the City has ever had. Virginia Harford, 11825 Arliss Way,stated that she is totally for this project for the seniors. She feels that the proposed Senior Complex is a beautiful idea. She is sorry for those who will loose their view but believes that in the long run they will agree that it is the best use of that property. The only thing that she is sorry about is that they are not building a swimming pool and jacuzzi. Lois Hansen, 22789 - C Palm Avenue, stated that the best decision she ever made was moving to Grand Terrace. After retiring from teaching she became involved with the Senior Center. She has been involved in the discussions for the plans of the new Senior Center,the Villas,and the Park. She feels that their input was solicited and taken respectfully. She feels that the project would not have an impact on the traffic. She strongly supports the project. Mary Ann Stewart. 11677 Mt.Vernon Avenue,stated that she totally agrees with this project. She stated that no one ever promised that they would have a view forever. She can't wait for this project to get started. Mamie Burkett.22111 Newport Space 161,stated that she fully approves ofthe project. She intends to be the first person to move in. She feels that this is such a blessing for those that are low income that wish to stay in Grand Terrace for the rest of their years. The convenience of the proposed park and the proximately to the new senior center is another special thing. Bill Timmons, 11687 Queensborough Street, Riverside, feels that this project will have a significant economic impact on the City. If this project is not approved the City will miss out tremendously. Robert Stewart, 11677 Mt. Vernon, stated that he is all for the development of this project. He feels that there is no guarantee that you will have a view forever. Martha Paxton,22673 A.Palm Avenue,stated that she has been a resident of Grand Terrace fa 29 years. Throughout the years she has appreciated the work of the City Council. She feels that it is thoughtful that the City Council is thinking of the seniors and their needs. She feels that the new complex will do several things. It will provide affordable housing, fellowship of others, access to hot meals without driving, lots of social activities. She has enjoyed the activities at the present center,but the time has come for enlargement,updating and additional activities. She is for the Blue Mountain Senior Villa and Senior Center. Dan Berliner, 22624 Brentwood Street, stated that he has lived in his home for nineteen years. Approximately two years ago he was approached by the City regarding the passive Council Minutes August 11,2005 Page 12 park and at that time was assured that their view would not be affected. Recently they found out about this project. He stated that Ms. Silverstein spoke to many seniors with regards to the project,however,she did not speak to the potential neighbors. He expressed his concern with the air conditioners that they have proposed. He expressed his concern with the project and the affect it will have on his property. Jeffrev McConnell.21758 Walnut, feels that senior housing is needed in Grand Terrace for Grand Terrace residents. Posed some questions with parking and the availability of overflow parking. He feels that you should never purchase a property next to a vacant lot unless you know that it is going to be vacant forever. He encouraged everyone to provide their input. Cecil&Cathv Kidd.22636 Brentwood, feels that the developer can do more to enhance the properties with landscaping. The complex doesn't impact anyone other than those who live on Brentwood. He feels that there is more that they can do to the South East corner of this proj ect. Thelma Winkler Beach, 12570 Mt. Vernon Avenue, feels that the presentation was impressive, however, wanted to know who is behind the change to the General Plan. She feels that they should stick to the General Plan and keep the senior housing on Barton Road. Bill Hays. 22114 De Berry Street, feels that they should look at the project closely and that they have not allowed due process of an appeal of the Planning Commission decision per the zoning code of Grand Terrace. He questioned how low income is determined. He feels that this item should be removed from the agenda because of the zoning code. Jim Selev. 22325 Barton Road, stated that he supports this project. In the greater good of humanity, he feels that the City needs to take care of the seniors. He feels that the seniors spend money in the City as well as their families. Bamev Kareer, 11668 Bernardo Way, questioned what the qualifications are for a low income senior. He feels that most people will not qualify for low income. He stated that the Commission turned down an apartment project on DeBerry as well as his project because it is an apartment complex. He is opposed to the project. Barnev Kar2er,read a letter on behalf of Kim Hathaway who is opposed to the project in the proposed location and feels that it would be better to be located on Barton Road. Pastor Patrick Bower, on behalf of Calvary, The Brook, stated that they are in favor of the proj ect. Anita McGau6ev. 22415 Barton Road, feels that the Council needs to look at this project carefully and suggested that they look at some competitive bidders. She doesn't feel that they should re-zone the property and that the City should stay on title. She feels that the Council Minutes August 11,2005 Page 13 Council should listen to all of the questions posed. Anne Wade-Hornsbv.22656 Brentwood,stated that she is concerned and feels that the City needs to be careful about making zoning changes and that they really need to look at who is going to profit from this project. She loves Grand Terrace and feels that Council needs to be careful about the changes that they make. She feels that they have got to be concerned about property density and the rent that is charged for low income but most of all who is going to profit and is it worth it. Patricia Farlev. 12513 Michigan Street,stated that she doesn't have a problem with providing good, appropriate housing for seniors. She feels that children and seniors can benefit a lot by doing things together. However, she doesn't feel that this is an appropriate place and it would be better located on Barton Road. She feels that the Cityis catering to developers and not following through the guidelines and laws. She feels that'the residents have the right to expect that the City would protect their privacy and not to damage their property and to follow the laws. The General Plan needs to be followed. She feels that everyone is not being considered in the surveys. She has a large problem with a non-profit developer that's damaging the property and yet finds money to donate to Grand Terrace Days and then gets a deal from the City and feels that it is wrong. Evan Dahlke, 22586 Brentwood Street, stated that this is a perfect project for his mother, however,he would like to see the Council take their time on a project of this type. He feels that there can be compromises that will make everyone happy. He feels that this is a major decision and encouraged the Council to really look at this project before voting on it. Chuck Hornsbv_ ,22656 Brentwood Street,expressed his dissatisfaction with the three minute rule. He feels that the Council should throw out the three minute rule for this project. He questioned if the City is going to be liable for damages that take place to surrounding homes because of construction. If the park is surrounded by a fence it is going to be perceived as a senior park not a City park. He is concerned with the re-zoning of the area. Mike Grabendike, stated that there have been a number of questions that have been raised tonight. Based on his experience senior housing projects are great for the community. Gladvs Hernandez. 1171 Oakwood Drive J 301, feels that this project is an asset to the community and supports it. Mayor Ferr6,returned discussion to the Council. Councilmember Hilkev,stated that the Council knows what non-profit is. To him non-profit simply means that you can't invest it but you can distribute salaries. It increases the salaries for that work for the non-profit organizations. He requested clarification of the ownership of this development. Council Minutes August 11,2005 Page 14 Citv Manager Schwab, responded that currently the City owns the parcels of land and the current proposal is that we will continue to own the land. We will lease the land to the non- profit and under the current arrangement at the end of the 65 years of operations that entire facility will belong to the City. Councilmember Hilkev, stated that the Mayor started the three minute rule and that it is up to her not the rest of the Council. He expressed his concern with the 10 days past the Planning Commission Meeting and questioned if that is a block. ON Manager Schwab, responded that there is no legal requirement. Community and Economic Develobment Director Koontz,stated that the Council is hearing the project now. The two items that are before the Council require Council approval. This is a recommendation from the Planning Commission. Councilmember Hilkev,stated that the safety of Seniors is a number one concern and he feels that the Seniors will be safer on Grand Terrace Road than in a shopping center on Barton Road. He is truly disappointed that this project does not have a swimming pool. He feels that exercise for seniors is important. He really feels that there needs to be an exercise pool at this facility. He feels like there could be different landscaping behind the building and different landscaping behind Petta Park. He feels that Mr. Miller's comments on the trash were good and feels that the trash issue needs to be more functional and needs to be changed. He counted 35 air conditioning units on the south side of the complex and suspects that they are heat pumps. Ben Lingo.responded that there is a heat pump as part of the unit. Councilmember Hilkev, stated that if there are 35 heat pumps running in January or 35 air conditioning condensers running in the summertime that is a lot of noise going on Brentwood. He would like that to be changed somehow so that they are not all facing north. Ben Lingo,this is something that was considered in the design. The building is in excess 60 feet away from its nearest neighbor and the property line. The trees are proposed for not only a visual relief but also a noise buffer. It was designed this way intentionally. Councilmember Garcia, requested clarification on the qualification of low income. Citv Manager Schwab, stated that it varies by County but for San Bernardino County, someone who would qualify for 50% of the medium income,which is $20,320.00 per year or$1,693.00 per month would have a rent of$508.00 per month for a one bedroom$573.00 per month for a two bedroom. If they have 60%of the average medium income,they could make up to $24,400.00 maximum annual income or a monthly income of just over $2,000.00,which would give them a rent of$610.00. The issue of owning of assets, if you Council Minutes August 11,2005 Page 15 have a home and bank accounts, CD's, etc. if you have$100,000.00 in cash in the bank the formula that is allowed by the County is that you must count that as passive income based on a 2%return. So if you had$100,000.00 in the bank you would have to add$2,000.00 per year to your income. He specifically asked that a component built into this project to allow for some market rate units so that regardless of how much money you make you could still live there. There are a lot of seniors that have planned for their future in Grand Terrace. He stated that most seniors by definition are low income. He is talking about$20,000.00 for the lowest rents and$24,000.00. This particular project does not have the low-low component. The lowest is 50%. Councilmember Garcia, stated that things change and when Wayne Webster passed away it posed an opportunity for the City to get a piece of property that was very critical to our community and that is what changed the direction of the City at looking at this site. She stated that there was a gerontologist that worked with the City to explain what the seniors of tomorrow were going to need and what their desires would be which helped her in the process. She questioned what the City's policy is if we do construction and it damages another property. City Manager Schwab,responded that if it was a City proj ect and we did the construction and it could be proved that by direct correlation something we did damaged anybody in proximity, we could be liable. In this case the project is going to be built by the contractor that they hire,in which case that person is going to be required to have liability insurance so if they do anything that injurs the neighborhood then they will be liable for it. Ultimately is it on our property and we would probably be the secondary deep pocket in the case of any type of action that was brought against the contractor. Councilmember Garcia, stated that it is her intent, as a representative of the people and a member of City Council,to look at what would be in the best interest of the community. She sees in this process from the seniors perspective it is a win,win,win. She very much thinks that the City should have spoken to the Brentwood property owners earlier and getting their input. She is sure that the project will not be able to meet all of the mitigation but feels that they brought up some good ideas and would like to know if there would be any harm in postponing this for a meeting or two to have the opportunity to get some input from the residents on Brentwood. She feels that it would be a benefit to hear their concerns. Citv Manager Schwab,responded that there is no sense of urgency and if the Council wishes to take another month it will just put the opening schedule back. He would only ask what forum they would like to choose in order to resolve the issues. Councilmember Garcia,stated that the forum that was used for the Omnilink service was not a formal public hearing and everyone that came in had an opportunity to talk. She would encourage the Brentwood residents to come together and come to a certain level of agreement. Staff can then have a meeting with the developers and could talk about the Council Minutes August 11,2005 Page 16 options, although they need to recognize the fact that we may not be able to meet all of the needs but will try to meet as many as possible within the projects. She stated that she has some questions regarding the lighting at the park and safety issues. Marv_ Silverstein, stated that if the item is pushed back the delay for the start of construction will be pushed back two to three months. The intention of the design of the park is that it will be well lit and it is their responsibility to maintain that. Councilmember Garcia, questioned if the park will be closed after dusk. Mary Silverstein, responded in the affirmative. It is designed to be opened from dawn to dusk. Councilmember Garcia, wants to make sure that everything has been thought out as far as the maintenance of the park so that once there is a beautiful park it stays that way. Mary Silverstein,stated that the landscape architects that were hired are experts in their field and it will be very well irrigated and maintained. Councilmember Garcia. stated that if extra events will take place at the park overflow parking will be necessary, and questioned what the plan is. Mary Silverstein, feels that this is something that they can be creative with. Currently there is a gate that extends at the opening of the residential portion it may be possible to pull the gate in a little bit. Councilmember Garcia, clarified that the residents on Brentwood will see a two story building with windows. Mary Silverstein, responded in the affirmative. Councilmember Garcia, questioned how flexible the developer would be on a redesign. Mary Silverstein,stated that the design was very carefully thought out. This is a combination of the sources that are available, and an effort to keep the entire development as close to the school as possible creating the 4 acre park. Councilmember Garcia,stated that she is very happy with the senior center and the park,she just wants to mitigate as much as possible. Mavor Pro Tern Cortes. stated that she also supports what Councilwoman Garcia has said and has some of the same concerns and would like to wait and give it some time. She does support the senior housing and the park. She questioned if the Webster house could have Council Minutes August 11,2005 Page 17 been utilized prior to it being torn down. She stated that she appreciates Mr. Dahlke's comments. Councilmember Miller, stated that he doesn't feel that anyone is against the senior center or the fact that we do need housing for seniors. He feels that we need to look at the fact that there are a lot of ideas that we may not have looked at and that there might be a better time to look at these ideas instead of making a decision tonight. He stated that he has only looked at one of the iterations and would like the opportunity to see others in a effort to come up with a solution to those on Brentwood. He questioned if there are any units that will be set aside for the handicap. Mary Silverstein, responded that all 120 units are handicap adaptable. Councilmember Miller, stated that he would agree that this should be postponed. Mavor Ferre, stated that she also made a list of item, all of which has been covered with the exception of the South East corner of the project. She questioned the Council that if they postpone this item,what is it that they expect to see happen. Councilmember Garcia,responded that she would like to see the development team have an informational meeting with the Brentwood residents and anyone else that is interested, after they have had a chance to look at the information that the Council has, then have a meeting similar to one held on Omnilink, where it is more informal and we get input and within a month come back and formally hear the project. Councihnember Hilkev, questioned if we want to talk about limiting those things that will be addressed. Mavor Ferre, feels that the discussion needs to be somewhat limited. Councilmember Hilkev,is hearing the landscaping,the fence,trash cans,and the type of trees in the park and on the south corner and the air conditioning noise, however, none of those address lowering the building. He feels that we need to give direction on what the limitations of change are. Mavor Pro Tem. Cortes, questioned that if we look at changing it from three stories to two will one month be enough time. Councilmember Miller, stated that they stated that they have multiple iterations and questioned if they still had them. Ben Lingo, responded in the affirmative. He stated that they appreciate the public process and the input. They can look at going to two stories. The reason that they came up with this Council Minutes August 11,2005 Page 18 design is many folds. He feels that they have taken the effort to try and mitigate the impact for the neighbors. He stated that one of the reasons that they came up with the 120 units was for the optimum financial model. 120 units allows them to obtain a certain amount of bond financing,a certain amount of tax credit that allows them to leverage the City's funds,which allows for the senior center and the park. If this is scaled back it is possible that the senior center and park will be scaled back as well. They are willing to look at what the City wants and they want to be a part of this community. This is a 65 year commitment and they want to make it work. Councilmember Miller, stated that it is a matter of having the opportunity to look at everything. Citv Manager Schwab, stated that if you want to limit having every single issue brought up including should we even build one of these projects,perhaps it would better to identify the six or seven that need to be placed back on the agenda. Mavor Ferr& agrees that we should look at the issues that have been brought up. Citv Manager Schwab, indicated that he wasn't aware of the time line on the tax credit issues. He stated that this item has to come back for a second reading and it doesn't matter whether it comes back in two weeks or in September for the second reading. Council can adopt the first reading,if they choose and direct staff to go back between now and September 8, 2005 and address those issues that are on table for the developer and staff to go to any interested residents and deal with those issues. On the 8`h when it comes back to Council if it is satisfactory to the Council or if they would like to make modifications they are under no obligation to adopt the second reading,they can continue it again if they choose. This would allow us to have a starting point, so that staff is not starting from ground zero. Councilmember Hilkev. questioned if any of the iterations were two stories. Ben LinR_o. responded that there were some iterations that were two story, the issue was trying to get enough units for the economies that it helps the project it basically leaves no land for the park. It is roughly a 90 thousand square foot building, 30 thousand per floor,if you take that and make it two story's it would then go to 45 thousand square feet per floor. The open space would diminish substantially. Councilmember Hilkev. expressed his appreciation for his explanation. He stated that he would like to see the discussion limited to the items that have been brought up. Councilmember Garcia. stated that she would like to see the landscaping, fence, trash and air conditioning to be addressed. Mavor Pro Tem Cortes, she stated that she thought one of the issues was to consider a two story building. Council Minutes August 11,2005 Page 19 Citv Manager Schwab. stated the staff has been working on this project for about a year and a half. He stated that the architect tried to place the building as far east as possible in an effort to affect the least amount of views and also preserve some park space. It could be spread out and make it two story or even one,but you will loose a lot of elements that they feel is important for the seniors and probably for the neighbors. The way the project is presented makes the most sense for a balanced project. Councilmember Miller, stated that he would like to see all of the iterations. Ben Lingo. questioned to what level of detail does the Council want with regards to the iterations. Councilmember Hilkev, stated that the south wing at two stories would be the only option that would make sense. Citv Manager Schwab.stated that he feels that he can come up with enough versions of what staff has gone through to give the Council a good feeling for what has been looked at and what the implications of those options are. He feels that he heard the direction of the Council and will come back with at least three scenarios that address the second story and bring it back to Council. He is asking the Council to continue this item to September 8, 2005 and then staff will meet with both the residents and with the Council in some sequence where they can take'a look at the options. CC-2005-80 MOTION BY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to continue GPA-05-01, SP-05-01, SA-05-14, E-05-16 - a Proposal to Develop 120 Units of Multi-Family Senior Housing, a 6,500 Community Senior, and a Four Acre Passive Park to Council Meeting to be held on September 8,2005 and direct staff to schedule a informational meeting to discuss and to address the following items: Two Stories on the South end of the Housing Fencing issues along the South Side of the Property Landscaping along the South Side of the Property Condenser Noise Trash Cans Lighting at the Park 6B.- -Street Cut Policy and an Ordinance the City Council of the City of Grand Terrace, California.Establishing Fines for Failure to Obtain a Street Cut Permit and Failure to Perform Street Cut Construction in Accordance to the Specifications as Described in the-Specifications for Construction within the Public Right of Way. CC-2005-81' -MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM Council Minutes August 11,2005 Page 20 CORTES, CARRIED 5-0, to continue the Public Hearing for Street Cut Policy and an Ordinance of the City Council of the City of Grand Terrace, California Establishing Fines for Failure to Obtain a Street Cut Permit and Failure to Perform Street Cut Construction in Accordance to the Specifications as Described in the Specifications for Construction within the Public Right of Way until September 22, 2005. UNFINISHED BUSINESS -None NEW BUSINESS 8A. Measure I Capital Improvement Plan for FY 2005-2010 CC-2005-82 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0,to adopt the Measure"I"Five-Year Capital Improvement Program for FY 2005-2010 and the Measure I Five Year Capital Improvement Plan Expenditure Strategy for 2005. 8B. Redlining 350 Ft. of Curbing for a School Bus Stop and Adjacent Corner at 22111 Newport CC-2005-83 MOTION BY C OUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER GARCIA,CARRIED 5-0,to approve staff s recommendation to paint red zones with a total combined length of 350 feet in front of 22111 Newport Avenue. 8C. Designation of Voting Delegates for 2005 League of California Cities Annual Conference CC-2005-84 MOTION BY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEMBER MILLER,CARRIED 5-0,to appoint Mayor Maryetta Ferr6 as the voting delegate and Councilmember Lee Ann Garcia as the alternate voting delegate for the League of California Cities Annual Conference Business Session scheduled to be held on October 8, 2005. CLOSED SESSION -None Mayor Ferr&adjourned the meeting at 10:03 p.m. until the next CRA/City Council Meeting which is scheduled to be held on Thursday, August 25, 2005 at 6:00 p.m. Q,r � CITY CLERK of the C fy of Grand Terrace NIAYO�Kf the City of Grand Terrace