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10/27/2005 CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 27, 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 27, 2005, at 6:00 p.m. PRESENT: Maryetta Ferr6,Mayor Bea Cortes,Mayor Pro Tem 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 Richard Shields, Building & Safety Director Gary Koontz, Community Development Director John Harper, City Attorney ABSENT:, Lt. Hector Guerra, Sheriff s Department The City Council meeting was opened with Invocation by Carmen Ibanez,Azure Hills Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by Mayor Pro Tem Bea Cortes. ITEMS TO DELETE -None SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2005-114 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: 3E. and 3G.: 3A. Approve Check Register Dated October 27, 2005 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-13-2005 Minutes 3D. Approval of Final Parcel Map 17041 (Northwest Corner of Grand Terrace Road and Barton Road) 3F. Release Bonds - Tract 14816 (Grand Terrace Properties/Citizen's Business Bank) Council Minutes October 27,2005 Page 2 ITEMS REMOVED FROM CALENDAR 3E. Approval of Tract Map 16985, for a 55 Unit Condominium Project (North Side of De Berry Street at Reed Avenue) Patricia Farlev, 12513 Michigan Street, stated that according to the Housing Element this area is not zoned for this type of project. Community and Economic Development Director Gary Koontz, stated that the parcel is zoned R3, which is a medium density residential land use designation. The project is consistent with.the zones and designations. Staff has been working with the State on the Housing Element and the State has been pushing for high-density residential "affordable housing". The only way we saw affordable housing in Grand Terrace to comply with what they are doing is with the Senior Housing Project. Staff had to designate areas that could be zoned high-density residential and there is an area in the Housing Element that shows different areas where it could be higher density zoning, however it doesn't say it is. Citv Manager Schwab, stated that this project is well within the zoning requirements. CC-2005-115 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER GARCIA,CARRIED 5-0,to approve Tract Map 16985,for a 55 Unit Condominium Project(North Side of De Berry Street at Reed Avenue). 3 G. Regulatory Agreement by and Between Corporation for Better Housing,a Nonprofit Affordable Development Corporation, the City of Grand Terrace, a Public Body, Corporate and Politic, and the City of Grand Terrace Community Redevelopment Agency, a Public Body, Corporate and Politic Patricia Farlev, 12513 Michigan Street, feels as though this shouldn't be approved and that she has concerns with the zoning and how it was changed and feels as thought the Council is not addressing the issues. CC-2005-116 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0 to adopt Regulatory Agreement by and Between Corporation for Better Housing, a Nonprofit Affordable Development Corporation, the City of Grand Terrace, a Public Body, Corporate and Politic, and the City of Grand Terrace Community Redevelopment Agency, a Public Body, Corporate and Politic PUBLIC COMMENT Barnev Kamer, 11668 Bernardo Way,stated that the County apartment license fee is$22.50 Council Minutes October 27,2005 Page 3 and questioned why the City won't do it for the same fee. He stated that there are a lot of no- bid projects being awarded in the City. Sylvia Robles, 23008 Orangewood Court, feels that Redevelopment Agencies have over stepped their boundaries. She feels that there is a need to have a public workshop on the Redevelopment Agency and how it was formed,and where they are right now in their debts. She referred to a letter from the auditor controller. Patricia Farley, 12513 Michigan Street, stated that she looked through the Environmental Impact Report for the proposed new high school and that she is alarmed with the project and the impacts that it will have on the community. She feels that they should look into other alternatives. Charles Hornsby, 22656 Brentwood Street, stated that at the last council meeting he questioned what a buffer zone is. He stated that the dictionary's definition of buffer is something that lessens, absorbs, or protects against the shock of an impact. Buffer Zone is defined as a neutral area between hostile forces that serves to prevent conflict. They define zone as an area or region distinguished from adjacent parts by a distinctive feature or characteristic, a section or an area of territory used for a specific purpose. He again asked the City Council to define what they perceive to be buffer zones. He feels that the City makes up the rules as they go along. He stated that the typical person that goes into City Hall gets no help. City Manager Schwab,.stated that the Redevelopment Agencies are becoming some what controversial. It is his observation that in the history of Grand Terrace's Redevelopment Agency, the benefits have far outweighed any negatives that might come from Redevelopment. There was a letter from the controller regarding several items in the audit and staff has responded to those and have been accepted and subsequently cleared by the state. Staff is also commenting on the EIR for the High School. The High School is the Colton Joint Unified School Districts' project. There area lot of traffic issues that need to be dealt with. One thing to consider is that the High School will not come back to the Planning Commission or the City Council. If citizen's want to comment on EIR the right body to talk to is the School District. ORAL REPORTS 5A. Committee Reports -None COUNCIL REPORTS Councilmember Garcia, apologized to Mr.Hornsby for not being helped in the manner that he felt that he should. She stated that she has some background in planning and stated that Council Minutes October 27,2005 Page 4 a buffer zone would be specific to whatever project you were looking at but a buffer zone is intended to mean if you have two types of areas you want to make sure that there is something in-between that allows for a transition. Something that allows them to be compatible and to maintain the integrity of each. She questioned what the response deadline is for the EIR for the proposed new high school. Community and Economic Development Director Koontz,responded that it was a week ago. Councilmember Garcia, questioned if the city's response would be available for the public to look at. Communitv and Economic Development Director, responded in the affirmative. Councilmember Garcia, stated that Redevelopment does need to be talked about and that maybe in the future it should be discussed in an open forum. She stated that in her opinion to date Redevelopment has been a benefit to Grand Terrace. It is important to take into account where the City is financially in terms of debt. She stated that to her knowledge there is not a lot of interaction between school districts and city's when it comes to circulation issues. It would be helpful as we move forward on the circulation plan that we look closely at how circulation is going including the new high school. She reminded everyone about the Halloween Haunt, the Country Fair, and City Birthday Party. Assistant Citv Manager Berrv.announced that the Halloween Haunt will be held on Monday, October 31,2005 at Pico Park. He gave an overview of the events and activities that will be taking place that evening and encouraged everyone to attend. The Country Fair that is put on by the Historical and Cultural Activities Committee will be held on November 5, 2005 at the Lion's Community Center. Councilmember Hilkev,reported that the principal of Terrace View Elementary School and staff are cooking at McDonalds this evening with all proceeds going to the school. He commended Councilwoman Garcia on her suggestions on the use of the Webpage. He stated that the Council needs to do a better job of explaining what the Redevelopment Agency is and how it works and the value of it. He would like to see staff explain the Housing Element. He stated that it is a demand on the City by the State and not what the people of Grand Terrace want. He stated that buffer zone is a general term and it changes. He stated that Grand Terrace residents had an opportunity to have a small school district and a small high school and it was voted down. Most people in town are excited about the new high school. Councilmember Miller, stated that it is important to remember that we are here to serve the community and that we need to provide good customer service that is needed. Buffer Zones depends upon projects and it is a general term that is used. A crime study was done and Council Minutes October 27,2005 Page 5 Grand Terrace has a very low crime rate and should be very proud of the law enforcement that is provided. He announced that the Lion's Club will be having their pancake breakfast on Sunday,November 6,2005 from 7:00 a.m to 11:30 a.m. and encourage everyone to come out. He reported that November 8,2005 is election day and encouraged everyone to get out and vote. Mavor Pro Tem Cortes, indicated that Community and Economic Development Director Koontz provided her with an explanation of a Buffer Zone. Community and Economic Development Director Koontz, stated that he read through the General Plan looking for references to buffer zones and only found one that was relative to industrial projects that were required to do buffering from other developments and other types of land uses using burms, walls, landscaping and setbacks. In the zoning ordinance under Industrial and Commercial Developments,there are additional setback requirements and buffering requirements of landscaping and walls from commercial industrial that are next to residential developments. There is not a specific definition that he could find. It is a commonly used term and the City does implement it. Mavor Pro Tem Cortes, stated that the Planning Commission meetings are in the Blue Mountain Outlook calendar. She stated that she saw new cables on DeBerry and Van Buren and questioned what they were. Assistant Citv Manaszer Berrv,responded that it is part of the city-wide traffic study that is going on now. It will be brought to the Council to show the results. Mavor Pro Tem Cortes,reported that she is entering her chili in the Cooking Contest at the Country Fair on Saturday, November 5, 2005. She stated that the Woman's Club will be having their BBQ at the fair as well and that there are still tickets available. Mavor Ferre, questioned if the Gas Co. is doing something on Palm between Barton Road and Honey Hill Drive. Building and Safetv/Housina Director Richard Shields. responded that the Gas Co. is replacing the lines in the street and should be completed by next week. Mavor Ferre, is very proud of the crime report for Grand Terrace. She feels that customer service is important and knows that the City Manager will address that issue. She questioned if it might be possible to put together a sheet of information on the Redevelopment Agency in the Blue Mountain Outlook. Councilmember Hikev. stated that staff is looking at a hearing device for those who are impaired for use in the Council Chambers and requested if anyone has any suggestions on Council Minutes October 27,2005 Page 6 a device that works to let Assistant City Manager Berry know. PUBLIC HEARING 6A. 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 Assistant City Manager Berry stated that the City of Grand Terrace established its current guideline for "Specifications for Construction within the Public Right-of-way" under the 1990 State of California manual of Traffic Controls. This guideline established by the city engineer(GTMC 12.08.220)dictates how contractors/utility companies cut into our public right-of-way(e.g. streets and sidewalks)by trenching,removing pavement and asphalt,and restoring existing improvements. Staff has been working since the fall of 2004 to develop a more comprehensive street cut policy that helps maintain the integrity of our roads and balances the interests of public utilities. The new street cut policy and ordinance was a culmination of the following: • Researching other city's street-cut specification • Meetings with utility officials and Utility Councils • Working with paving contractors • Combining the"Best Management Practices"for a new street-cut policy Staff requests that Council approve a policy for specifications for Construction Within the Public Right-of-Way and adopt an Ordinance of the City Council of the City of Grand Terrace, California Establishing Fines for Failure to Perform Street Cut Construction in Accordance to the Specifications as Described in the Specifications for Construction within the Public Right of Way. Councilmember Hilkev, questioned if this applied to private property. Buildinu&Safety/Housini_ Director Shields.responded that it is for the public right of way only. Councilmember Hilkev. questioned if they do work on private property they are exempt. Building & Safetv/Housing Director Shields. responded that they are regulated by the building code,plumbing code, electrical code, etc. Councilmember Hilkev. stated that he didn't see the cable company listed. Council Minutes October 27,2005 Page 7 Assistant Citv Manager Berrv, stated that they are not exempt Councilmember Hilkev, indicated that the utility companies are exempt from the fines and that they are the ones that will be doing most of the cuts into the public right-of-way. Assistant City Manager Berrv, stated that they guarantee the integrity of their trench repairs in perpetuity and that any trench failures will require the respected utility to re-patch the street section per the specifications for each occurrence. Councilmember Hilkev, questioned who the fines will apply to. Assistant Citv Manager Berrv. responded a contractor. The utility companies are required to do all of the required cuts they just won't be fined. Councilmember Hilkev, feels as though there is no value to the ordinance. Councilmember Garcia, questioned if the utility companies don't do the cuts per specifications is there a specified time frame on when it will be fixed. Beverlv Powell. Southern California Edison, emphasized that the franchise is a strong document and will be honored. She stated that she doesn't know what the time line is, however,when she receives a call she reports it immediately. There hasn't been any street projects in Grand Terrace in years. Lea Peterson. Public Affairs Manager,the Gas Comnanv, stated that she has been working with Assistant City Manager Berry and Building&S afety/Housing Director Richard Shields. She stated that part of franchise agreement if they do not comply the City has the right to take the franchise away. In all of the years there hasn't been a problem. She thanked staff for working with the utility companies with regards to this street cut policy and ordinance. Councilmember Garcia, questioned if they worked with a representative from SBC. Assistant Citv Manager Berrv, responded in the affirmative. Councilmember Garcia, stated that she sees a lot of SBC trucks in the residential areas and questioned if someone wants DSL will they have to cut the streets. Assistant Citv Manager Berrv,responded that DSL uses the existing phone lines. Councilmember Miller,questioned if there were other utility companies that were contacted besides the ones listed in the policy. Council Minutes October 27,2005 Page 8 Assistant Citv_ Manager Berrv, stated that the franchise utilities were the ones that were contacted. Councilmember Miller, questioned the failure rate on the different cuts and which utility companies cuts failed the most. Assistant Citv Manager Berrv, responded that he doesn't have a failure rate and feels that after driving the City there is not one utility company that is worse than another. All trenches will fail over time. Building& Safety/Housing Director Shields, stated that trenches will fail over time due to moisture. Councilmember Miller, questioned what the policy has been in the past on contacting the utility companies about failures. Assistant Citv Manager Berrv,responded that until now he has only contacted them on two failures that he has noticed. Once this ordinance passes he is going to go out and do a heavy inspection on all of the sites. Councilmember Miller,expressed his concern with the utility companies being exempt from items 5 and 6 of the Compaction and Paving Requirements. Assistant Citv Manager Berrv, stated that they are still required for their compaction tests, follow the methods described in "The California Inter-Utility Site Restoration Committee - Site Restoration Guidelines" and obligated to the workmanship guarantee. Building&Safetv/Housine Director Shields,stated that a lot of the requirements in the Site Restoration guide are duplicate to some of the requirement in the policy that is why that particular verbiage is in there. Mavor Pro Tom Cortes, questioned who is liable for the fine if a resident hires a contractor and they don't get a permit. Building&Safetv/Housing Director Shields,responded that the contractor would get fined. It is not typical that a homeowner would purchase a street cut permit. Mavor Ferre, stated that it is not just a fine that we are looking at but the way the cuts are made and how they are patched. Councilmember Garcia, questioned if Verizon is exempt from this policy. Council Minutes October 27,2005 Page 9 Citv Attornev Hamer, stated that if the ordinance and policy are applicable then they are not exempt from it. Mayor Ferr6 opened the public hearing for discussion, there being none she returned discussion to the Council. CC-2005-117 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to Approve a Policy for Specifications for Construction Within the Public Right-of-way and Adopt an Ordinance of the City Council of the City of Grand Terrace,California Establishing Fines for Failure to Perform Street Cut Construction in Accordance to the Specifications as Described in the Specifications for Construction Within the Public Right of Way. 6B. TEFRA Hearing-A Resolution Approving,Authorizing and Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority A Resolution Approving the Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority City Manager Schwab stated that the City has received a request from the California Statewide Communities Development Authority to join its Amended and Restated Joint Exercise of Powers Agreement and conduct a public hearing as required by the Internal Revenue Code in order to issue tax-exempt revenue bonds in the aggregate amount not to exceed$10.5 million on behalf of Corporation for Better Housing. The Developer will use the proceeds of the Bonds for the acquisition and construction of a 120-unit senior housing project located at 22627 Grand Terrace Road in the City of Grand Terrace. There is no direct or indirect financial impact to the City of Grand Terrace as a result of the proposed financing. The Authority will issue tax-exempt revenue bonds on behalf of the Proj ect. The tax-exempt revenue bonds are payable solely out of the revenues derived by the Developer from the applicable Proj ect. No financial obligations are placed on the City for proj ect financing costs or debt repayment. Staff recommends Council conduct a public hearing regarding the issuance of"private activity bonds" for the purpose of development of a 120 unit multi- family housing project generally known as Blue Mountain Senior Villas. Staff recommends Council approve the agreement and adopt the resolutions. Councilmember Miller, confirmed that there are no direct or indirect costs to the City. Citv Manager Schwab, stated that there are no direct or indirect costs to the City. Councilmember Hilkev. questioned if this was a change from the original agreement. Citv Attornev Hamer, stated that there is an existing Joint Powers Authority and that Grand Terrace needs to join it and in order to do that it has to be amended to include Grand Terrace. Council Minutes October 27,2005 Page 10 Councilmember Hilkev, questioned if these bonds were part of the original plan. Citv Manager Schwab, responded that it was part of the original financing plan. Councilmember Hilkev, questioned why it wasn't included in the decisions being made before. It seems like it is being added on because it says amend. Citv ManaLyer Schwab,stated that we aren't amending any action that Council has approved. Citv Attornev Hamer. stated that there is a Joint Powers Authority which is composed of a variety of other cities in California we are amending that JPA to join. Mayor Ferre opened discussion to the public. Anita McGauQhev, 22481 Barton Road, feels that the developer doesn't have any of their own money involved in the project. She referred to page 4 of the agreement where there is a wrong date and suggested that the document may not have been reviewed and that they should consider postponing this item for two weeks. Mayor Ferre returned discussion to Council. Councilmember Hilkev, questioned who the developer is. City Manager Schwab,responded that Corporation for Better Housing is the developer and questioned if he wanted to know who the contractor is. Councilmember Hilkev.the owner, contractor, developer. He thought that when we started off the City was the owner and developer. Mary Silverstein.Comoration for Better Housing.the owner of the land is the City of Grand Terrace, the developer is Corporation for Better Housing. There is a ground lease that was approved at the last Council Meeting between Corporation for Better Housing and the City. The contractor is VLH Construction. CC-2005-118 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority and approve a Resolution Authorizing and Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority and a Resolution of the City Council of the City of Grand Terrace Approving the Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority. Council Minutes October 27,2005 Page 11 UNFINISHED BUSINESS -None NEW BUSINESS 8A. Ad Hoc Committee for Fireworks Bobbie Forbes, 11850 Burns Avenue,knows that the sale of fireworks is a great fundraiser for the youth leagues,however she is against it because of what it does to the animals. CC-2005-119 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to create an ad hoc committee for-fireworks and the committee to consist of the following with a report back to Council no later than February 2006: • Councilmember Lee Ann Garcia • A representative from the Sheriff's Department • A representative from the County Fire Department • A representative from City Staff • A Representative from the Grand Terrace Community Soccer Club and Grand Terrace Little League • A representative from the Crime Prevention Committee . • Two residents from Grand Terrace(Kim Hathaway and Lou Ann Archibold) • A representative from the Fireworks Industry 8B. Non-owner Occupied/Rental Property Program Karen Fricke, AAGIE, indicated that she has been working with staff on the policy and appreciates the fact that they have been able to come together with a program that works for everyone and is looking forward to working with City Staff in the future. Tonv Petta. 11875 Eton Drive, supports the program. Thelma Winkler Beach, 12570 Mt. Vernon Avenue, confirmed that if a rental unit is under an owner occupied property it is exempt from the program. CC-2005-120 MOTION BY MAYOR FERRE, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0,to approve the Non-owner Occupied/Rental Property Program with the following changes:there will be Exterior Inspections Only,to have a 3 year plan where after three years if the owner hasn't received any violations they will receive a 50%reduction in their fee and will continue to do so until they receive a violation, and that all Violation Notices be mailed by First Class and Certified Mail. Give Notice to the County of San Bernardino to Terminate the Current Rental Inspection Council Minutes October 27,2005 Page 12 Program effective January 1, 2007. 8C. Consulting Agreement for General Plan Evaluation CC-2005-121 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to authorize the funding for the General Plan evaluation and to authorize staff to award a consulting agreement to AEI-CASC in the amount of$6,000 with a 21 day schedule. 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 there was no action taken. Mayor Ferr6 adjourned the meeting at 10:05 p.m. until the next CRA/City Council Meeting which is scheduled to be held on Thursday,November 10, 2005 at 6:00 p.m. CITY CLERK of the Cit6of Grand Terrace MAYOR of the City of Grand Terrace