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10/13/2005 J CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 13, 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 October 13, 2005, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes, Mayor Pro Tem Herman Hilkey, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields, Building& Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriffs Department Colin Burns, Attorney ABSENT: Lee Ann Garcia, Councilmember John Harper, City Attorney The City Council meeting was opened with Invocation by Raul Montano, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Mayor Pro Tem Bea Cortes. ITEMS TO DELETE -None SPECIAL.PRESENTATIONS -None CONSENT CALENDAR CC-2005-107 MOTION BY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEMBER MILLER,CARRIED 3-0-1-1 (COUNCILMEMBER GARCIA WAS ABSENTAND MAYOR PRO TEM CORTES ABSTAINED), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated October 13, 2005 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 09-22-2005 Minutes 3D. Authorization for Staff to Attend the League of California Cities New Law and Election Seminar in Monterey,December 7-9, 2005 Council Minutes October 13,2005 Page 2 PUBLIC COMMENT Richard Rollins, 22737 Barton Road, indicated that he is addressing the Council on behalf of the Crime Prevention Committee. He thanked the Council for supporting the new California Sexual Predator Punishment and Control Act. He stated that the Crime Prevention Committee will be taking an active role with regards to this law. Charles Hornsbv. 22656 Brentwood Street, questioned what a Buffer Zone is as referred to in the City General Plan. Gary Koontz.Community and Economic Development Director,stated that there really isn't a specific definition of a buffer zone. It is how it is interpreted by each city. A buffer zone can be a zone of high density residential buffering a single family residential from and industrial neighborhood or a commercial neighborhood. It can be a buffer zone of walls and landscaping. Staff can research it and get back to him. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of 09-12-2005 CC-2005-108 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM CORTES,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to accept the September 12, 2005 Minutes of the Historical and Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of 09-06-2005 CC-2005-109 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to accept the September 6, 2005 Minutes of the Emergency Operations Committee. b. Appoint Regular Member(Taylor) CC-2005-110 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to appoint Susan Taylor as a regular member to the Emergency Operations Committee with a term continuing to June 30, 2006. Council Minutes October 13,2005 Page 3 COUNCIL REPORTS Mavor Pro Tem Cortes,requested an update from Gary Koontz with regards to a SANBAG meeting that he was involved in. Communitv and Economic Development Director Koontz,reported that last Thursday there was an internal meeting with SANBAG,the County of Riverside and SANBAG's Engineers , on the segment design for the freeway in front of Grand Terrace. They are at a point now on their overall project design that they are looking at alternative design concepts for all of the interchanges and what they will ultimately look like when the full freeway is built out. They prepared a variety of scenarios and alternative designs and wanted our initial input on which ones we thought might be more acceptable than others. They looked at Center Street, La Cadena,possible movement of La Cadena down to Main Street and definitely Barton Road. They narrowed it down to two or three designs out of eight or nine that might be worth looking at. There were no final decisions made these are just the very starting point. There will be a lot of meetings coming up all of the City Councils will be actively involved. Mavor Pro Tem Cortes, questioned what happened on September 22, 2005 in town. Lt. Guerra, San Bernardino County Sheriff s Department,responded that they were looking for an individual that day that was a parole at large and is also wanted by the City of Colton for another felony investigation. He did escape,however they do have some leads that they are looking into. The Colton Police Department is working on the investigation. Mavor Pro Tem Cortes, referred to an article that was in the Blue Mountain Outlook with regards to Emergency Preparation. The County is also trying to do some preparation as well. She thanked Assistant City Manager Berry and the Emergency Operations Committee for providing the information to the Blue Mountain Outlook. She referred to an article that she read in the Press Enterprise regarding the class that the Rialto Fire Station is providing for being certified in case of an emergency. She questioned why Grand Terrace is going to Rialto for certification and asked if it is possible to have that class here in Grand Terrace. Assistant Citv Manaser, responded that staff researched it and the closest location for the Community Emergency Response Team Training is in Redlands and Rialto. Rialto seemed to have the most classes. They need to have a group of approximately twelve people to have the class in Grand Terrace. He has had a number of people calling to get information about the training. Mavor Pro Tem Cortes, reminded everyone that the Women's Club is having their Hamburger Fundraiser at the Country Fair. She is selling tickets for$3.00. She welcomed the new Director of Building & Safety/Public Works, Richard Shields. She reported that Gary Moons passed away and that the Finance Director, Susan VanHorton, for SANBAG Council Minutes October 13,2005 Page 4 has lung cancer. She also reported that Gil Molini, a member of the Lion's Club,wife has cancer. Councilmember Hilkev, reported that Gary Moon was the construction manager for SANBAG for many years. He did an amazing job of balancing the construction companies, the politicians, and the State for the 210 Freeway, connecting Los Angeles to San Bernardino. He reported that Council attended the League of California Cities meeting last week. They have many seminars and it is a good time for City Staff and Councilmembers " who are in similar situations to get together. He felt like it was a good event. He got a 20 year planner from the League of California Cities and was impressed that they come up with something like.this and made him that Council needs to start writing out their long term goals. Councilmember Miller, echoed what Councilman Hilkey said with regards to the seminar. There were a lot of good sessions and a wealth of knowledge to be obtained. They had"a session on graffiti and he will pass on the information to staff. He reported that the Grand Terrace Foursquare Church will be holding a graffiti paint out on Saturday, October 29`'in the Gage Canal. He feels that it is important that the graffiti be removed quickly,however pictures should also be taken so that we have records of the graffiti so that we may be able to catch those who are doing the graffiti. With tagging,individuals usually live within a two mile area of where they have been tagging..He noticed when going down Canal Street that the parking garages behind the Highlands have been getting hit lately. He is in support of looking what the definition of Buffer Zones are for Grand'Terrace. Mavor Ferre,reported that she attended with the rest of the Council the League of California Cities Conference and the General Session Speakers were outstanding. She attended the graffiti session along with Councilmember Miller which was very worthwhile. She stated that last May the Council appointed a Council Procedures Committee and requested that there be a report from the Committee at the first meeting in January. Citv Manager Schwab, stated that they should be able to do that sooner than January. Mavor Ferre,requested that the procedures be reviewed by the City Attorney to be sure that we are legal in all areas. The Volunteer Appreciation BBQ was held on October 1,2005 and there were three Councilmembers that attended, Mayor Pro Tem Cortes, Councilmember Garcia and herself. She stated that City Clerk Brenda Stanfill did a good job of putting together and it was a lot of fun for her and hopes that it was enjoyable for the volunteers. They are extremely appreciative of the volunteers. On September 27,2005 Mayor Pro Tem Cortes and herself attended the Grand Terrace Care Center for a Veteran's Appreciation Evening. The administrator did an excellent j ob of honoring those in the care center who are veterans. There are thirty-two veterans at that center that attended the awards and celebration. One of the thirty-two was a woman. She was very honored to be apart of the Council Minutes October 13,2005 Page 5 ceremony. PUBLIC HEARING 6A. A Resolution Approving Tentative Tract Map No. 04-01 (TTM 16624)for a 15 Unit Single Family Residential Development with one Open Space Lot in the City of Grand Terrace, California An Ordinance Approving Specific Plan No. 04-02(SP-04-02)for a Lot Subdivision with 15 Single Family Detached Units and One Open Space Lot on a Two Acre Site Located on the North Side of DeBerry Street Between the Gage Canal on the West and Mt. Vernon on the East and Environmental Review Case No. 04-01 (E-04-01)- Mitigated Negative Declaration as Provided bythe California Environmental Quality Act (CEQA) John Lamne. Associate Planner, stated that the proposed project consists of fifteen (15) detached, single family homes on fifteen residential lots with an average lot size of 5,468 square feet. The homes will all be one story in height. All but two will have garages on the back with vehicular access provided by a 20-foot wide public alley in the back. A sixteenth lot proposed on the corner of DeBerry Street and Mt.Vernon Avenue will be offered to the City as a proposed park site. The subject site consists of two parcels totaling about 2 acres located on the northerly side of DeBerry Street between the Gage Canal on the west and Mt. Vernon Avenue on the east. The property is very long, about 800 feet, but only 100 feet deep. It is a difficult piece of property to develop which was left over when the area was subdivided many years ago. It also lies directly across the street from a large apartment development,"The Crest". It should be noted that the only requests that are before the City Council are the proposed Specific Plan No.04-02,SA-04-03,SA-04-04 and SA-04-05,have already been approved by the Planning Commission contingent upon the approval of the Specific Plan and Tentative Tract Map by the City-Council. The Site and Architectural Review applications were for the design and appearance of the individual homes proposed for this development. He againnoted that this is a very difficult piece of property to develop. Not only does it have an unusual shape,long and narrow,but it lies directly across the street from a large apartment project. Because of these circumstances, both staff and the Commission felt that some sort of modification of the typical Rl standards would be appropriate as proposed under the Specific Plan. Both Staff and Commission have spent a very long time working with the applicant and the prior developer and also the new developer to come up with a good recommendation to the Council for this property. With the changes made by the new developer, the Planning Commission felt it could make that recommendation for this project. The Planning Commission and Staff recommend for approval of the Ordinance for the Adoption of the Specific Plan No. 04-02 and the Resolution of Approval for Tentative Tract Map No.04-01. Mavor Pro Tem Cortes. questioned what type of park will be placed on the corner. Council Minutes October 13,2005 Page 6 Communitv and Economic Development Director Koontz,responded that it is a small parcel it will be mostly landscaping nothing active. Citv Manaxer Schwab, stated that it will be low landscaping. Mavor Pro Tern Cortes, questioned when the construction would begin. Communitv and Economic Development Director Koontz,responded that theywould assume that it would begin as soon as possible but would have the applicant answer that question during his presentation. Mavor Pro Tern Cortes, indicated that the reason she questioned when construction would begin is because traffic during specific times of the day can be heavy in that area. Community and Economic Development Director Koontz,stated that they are limited by the noise ordinance for hours of operation. Typically the contractors are done around 3 p.m. in the afternoon. They would expect minimal impacts to traffic in that area because of this proj ect. Mavor Pro Tem Cortes, questioned if a fence will be place around the construction site. Communitv and Economic Development Director,responded in the affirmative,for security purposes and safety issues. Mavor Pro Tern Cortes,questioned if the construction trucks will be going on DeBerry going west. Community and Economic Development Director, responded that he would, defer that question to the developer. Councilmember Hilkev, questioned why they didn't choose to build apartments. Communitv and Economic Develop_ment Director Koontz, felt that their decision was a marketing decision. Councilmember Hilkev_ , stated that it looks like they are going to build 13 or 14 rentals. It is possible to require a landscape association for the front yards so that we have some consistency in the yards. Communitv and Economic Development Director Koonts,responded that there was a lot of discussion regarding that. There was a landscape plan that was submitted and approved by the Planning Commission for all of the front yard landscaping that complies with all of the Council Minutes October 13,2005 Page 7 requirements of the City. If Council would like to they can add a condition of a homeowners association that would take care of the landscaping or a landscape district that the City would have to be involved in. Councilmember Hilkev. stated that the plans are very nice and questioned when they go for final sign off do they have to have all of the extras included. Communitv and Economic Development Director Koontz, responded that part of the final sign-off is staff going out and confirming that the project looks like what was approved. Councilmember Miller,shares the same thoughts as Councilmember Hilkey with regards to the landscaping. He questioned how the sprinkler drainage would be handled. He questioned if the puddling on DeBerry has been taken care of. Associate Planner Lampe, stated that water run-off would be just like any other residential block it would have to flow towards the street. He stated that the he believes that with the project that is going in west of this property the standing water issue should be remedied. Councilmember Miller, questioned if they are going to allow street parking on DeBerry. City Manaaer Schwab,responded that this project doesn't address street parking. Currently on street parking is allowed. Unless the residents request that on-street parking not be allowed, it will be allowed. Councilmember Miller, feels that the parking in the back will be limited. His other concern is that there are apartments across the way and they park on both sides of DeBerry and doesn't want it to become a problem. He requested clarification on page 11 where it states that the site is located just west of Mt. Vernon Avenue which has been identified in the City's Noise Element as an existing and future noise generator. Associate Planner Lampe, responded that a few years ago a noise element was adopted, a mandatory elements of the General Plan under State law. They looked at the noise contours as projected by the noise element. There is a certain amount of noise that will be generated from Mt. Vernon, but to mitigate that they required the applicant to prepare an acoustical study that was submitted. The conclusion was that this prof ect meeting the requirements to insulate the homes on the east end of the project would be adequately mitigated from the noise coming from Mt. Vernon. Councilmember Miller, questioned who will be maintaining the alley way behind the property. Associate Planner Lampe, stated that the alley will be improved and the long term Council Minutes October 13,2005 Page 8 maintenance of it will be the responsibility of the property owners. Jason Karver. 19237 Dandelion Court, addressed some the questions from Council. The property will be fenced and secured from any type of access. He stated that they would like to start the project as soon as possible and would like it to be completed by the end of next year if not earlier. They will start at 7:00 a.m. He indicated that apartments were their first choice,however,it was shot down due to too many oppositions. They want to work with the City, Council and the Commission and to make the process as easy as possible so that everyone is happy. He stated that they would prefer not to have a Home Owners Association, it seems to scare potential buyers away. Councilmember Hilkev, asked if a landscape district is feasible in a situation like this. Jason Karizer. stated that he would check into it but that his first response would be that he would prefer not to do that. Councilmember Hilkev. questioned if a landscape district remains the owners property or does it become public property. City_ Manager Schwab.responded that in an assessment district the land would still remain the property of the owner the district would maintain it. For such a small project it will be expensive to put it together. He would not recommend an assessment district for this project. He feels it would be cheaper to have a Home Owners Association. Mavor Pro Tem Cortes. stated that the parking on DeBerry is horrendous after 5:30 p.m. Councilmember Miller, questioned what the developer is going to do about parking. Jason Kar,2er. stated that each property will have a two car garage. Councilmember Miller.questioned if the developers father owned the apartments behind the property. Jason Kamer. responded in the affirmative. Councilmember Miller. questioned if his father is responsible for the alley way behind the apartments that he owns. Jason Kamer, stated that the alley was dedicated to the County years ago but that they accepted only a potion of it. Councilmember Miller. questioned what the City's position is on the alley way. Council Minutes October 13,2005 Page 9 Citv Manager Schwab,stated that if it is offered for dedication the City would not accept it. The only other alley way is between Mt. Vernon and Holly, the City has not accepted dedication of that alley and provide no maintenance to it. Councilmember Miller, stated then it would be up to the property owners to maintain it. Jason Kar2er, stated that they have to find out who own the alley way and if they own it the property owners will have to maintain it and they would include that in the purchase agreement. Councilmember Miller, questioned what the developer is going to do about the noise element. Jason Kamer, referred that question to his engineer. Paul Welche, 1572 N. Waterman Ave., stated that when they proposed the apartments and the acoustical study was done there were recommendations made not to have certain windows on the Mt.Vernon side as well as more insulation and now that the park will be in between the houses and Mt. Vernon so he feels that the situation has improved. Councilmember Miller,requested that he follow up on the drainage issue. Paul Welche, stated that they have to do a storm water pollution plan and also a water management plan and both plans have been submitted to City Staff. He stated that there are a lot of new rules that have come out with regards to drainage. Due to the standards that are out there very little water will leave the landscape. He stated that it is hard to figure out who owns the alley way. He stated that the houses are going to cost in the $400,000.00 price range and it seems like that price range wouldn't be rentals. Councilmember Miller, questioned what the price range will be of the homes. Jason Kamer, stated that their projections are low to mid$400,000.00. Mavor Pro Tem Cortes, she believes that the parking on DeBerry Street are visitors not residents of the apartments. She stated that the rent at the apartments start at $850.00. Mavor Ferre,she questioned the developer how they will handle it if the alley is the driveway to the homes and there isn't a clear answer as to who owns the alley. Jason Kamer, responded that if they own the alley they will be responsible for the upkeep. Mavor Ferre, questioned if someone is researching the ownership of the alley. Council Minutes October 13,2005 Page 10 Citv Manaver Schwab, stated that they will have to rely on title reports that come back on the property. If part of the property has been dedicated to the County back before the City incorporated we will have to look at that. The City has never maintained the alley. He would assume you have to own the property to build the alley. Staff will have to research it. Councilmember Miller, questioned if the City owns the alley then what. Citv Manager Schwab, responded that if it was dedicated to us it would be dedicated as a public street. We would own it like any other public street. Councilmember Miller, stated that he heard that they were going to re-pave the whole alley and questioned if they would do that whether they owned it or not. Jason Karver, responded in the affirmative. Citv Manager Schwab, stated that there is only half of an alley there. Communitv and Economic Develobment Director Koontz, stated that he has to install underground utilities all the way up the alley. By the time the ditches are dug they will have to re-pave everything. Mayor Ferre opened the public hearing for discussion. Bobbie Forbes, 11850 Burns Avenue, would be concerned about the parking on DeBerry. She questioned if there would be driveways in the back of the houses off of the alley. She feels that it is important to have at least enough space to park a car so that the property owners can wash their cars. She questioned of the parking on DeBerry could be controlled. She stated that the current alley looks awful. She also stated that there are so many ways for people to purchase property and it is hard to control owner occupancy. Paul Welche, responded that there will be available parking in the alley for each property. He stated that he doesn't feel that the parking on DeBerry Street should be limited that there are ways that the City may be able to control the parking on DeBerry and gave some suggestions. Chuck Hornsby, 22656 Brentwood Street, stated that the issue is the number of homes that they are proposing to build on a small stretch of land. Mayor Ferr6 returned discussion to Council. Councilmember Hilkev, clarified that the parking issue is not with the homes it is the intrusion by the apartments onto the perspective buyers of the homes. There is an issue of Council Minutes October 13,2005 Page 11 the owners of the alley way. There is a concern about the upkeep of the homes. He strongly feels that a Home Owners Association can address the issue of parking, alley issue and landscaping issue. Mavor Pro Tem Cortes, feels that the parking issue is with the apartments and questioned if there is anything that can be done. She stated that semi-trucks also park on DeBerry. Citv Manager Schwab,responded that it is a public street and as such anyone can park there. The City has the ability to control the parking on a public street,however we don't have the law enforcement resources to check for permits. He suggested that there be a disclosure regarding the parking issue and that parking on the public street will be allowed. Councilmember Miller,expressed his concern with the parking on DeBerry and feels that this will be an ongoing issue for the Council. He feels that the issues that Councilmember.Hilkey has brought up are important. He stated that maybe they should consider taking out a couple of the homes to allow for a parking lot for visitor parking. He stated that without clear answers to the issues that have been brought up he will not be able to vote for it. Mavor Ferre. questioned if a semi-truck parks on the street can a citation be written. Citv Manae-er Schwab, responded that if a semi-truck parks on the street we can do something about it. Currently the truck parks on the lot with the permission of the property owner. Mavor Ferre.stated that the parking issue is an issue of the apartments not the development. Councilmember Hilkev. questioned what Cape Terrace Townhomes does for parking. Citv Manager Schwab,responded that Cape Terrace Townhomes was developed as a condo project they were required to have so many parking spaces per unit and they also provide guest parking. Mavor Pro Tem Cortes,the lot needs to be developed,however,there are issues that should be addressed. Mavor Ferre. stated that she feels even if the number of homes that are built the parking will still be a problem. Councilmember Miller,suggested that the developers should look at giving up one home and provide parking for visitors and homeowners that is gated and only available for those who live there. He also suggested that there be a Home Owners Association. He would like to see an answer of who owns the alley way. Council Minutes October 13,2005 Page 12 Councilmember Hilkev, questioned if it is possible to give back the alley way if in fact it is owned by the City. Citv Manager Schwab, responded that staff will research and find out if the City owns any of the alley that is currently there. Mavor Ferr6, stated that she is very much in favor of developing that corner. CC-2005-111 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER HILKEY, CARRIED 3-1-1-0 (MAYOR FERRE AND COUNCILMEMBER GARCIA WAS ABSENT), to Continue the Public Hearing to November 10, 2005 for a Resolution Approving Tentative Tract Map No. 04-01 (TTM 16624) for a 15 Unit Single Family Residential Development with one Open Space Lot in the City of Grand Terrace, California and an Ordinance Approving Specific Plan No. 04-02 (SP-04-02) for a Lot Subdivision with 15 Single Family Detached Units and One Open Space Lot on a Two Acre Site Located on the North Side of DeBerry Street Between the Gage Canal on the West and Mt.Vernon on the East and Environmental Review Case No. 04-01 (E-04-01) -Mitigated Negative Declaration as Provided by the California Environmental Quality Act (CEQA) and to direct staff to ask the developer to research lowering the amount of units that they are currently proposing by two or three so that there can be a parking area that would be only for those people that live there that will be gated, the possibility of a Home Owners Association applied to those units and determine who the owner of the alley way is prior to the meeting. UNFINISHED BUSINESS -None NEW BUSINESS 8A. Request to Approve the Settlement and Release Agreement with Adelphia Cablevision Regarding the Underpayment of Franchise Fees from 2001-2002 CC-2005-112 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to approve the "Settlement and Release Agreement" with Adelphia Cablevision for $3,821 as restitution for underpaid franchise fees from 2001-2002. 8B. Schedule November and December City Council Meetings CC-2005-113 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to schedule one meeting for November to be held on the 10', and one regular meeting for December to be held on the 8`"to begin at 7:30 p.m. following the City Birthday Council Minutes October 13,2005 Page 13 Celebration. CLOSED SESSION 9A. Real Estate Negotiation- 22874 Arliss Mayor Ferr6 reported that the Council met in Closed Session to discuss Real Estate Negotiations at 22874 Arliss and that no Action was taken due to the fact that there was not a Closed Session quorum. Mayor Ferr6 adjourned the meeting at 8:30 p.m.until the next CRA/City Council Meeting which is scheduled to be held on Thursday, October 27, 2005 at 6:00 p.m. s CITY CLERK of the City W-brand Terrace MAYOVf the City of Grand Terrace