Loading...
11/10/2005 CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING-NOVEMBER 10, 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 November 10, 2005, at 6:00 p.m. PRESENT: 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 Lt. Hector Guerra, Sheriffs Department ABSENT: Maryetta Ferr6, Mayor The City Council meeting was opened with Invocation by Don Larkin, United Stated Army Sergeant/Former Council Member, followed by the Pledge of Allegiance led by Chuck Collier, United States Air Force Chief Master Sergeant. ITEMS TO DELETE -None SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2005-122 MOTION BYCOUNCILMEMBERHILKEY,SECOND BYCOUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (MAYOR FERRE WAS ABSENT), to approve the following Consent Calendar Items with the removal of item 3E.: 3A. Approve Check Register Dated November 10, 2005 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-27-2005 Minutes 3D. Booking Fee Settlement Agreement with the County of San Bernardino 3F. Resolution - Extension for the Bicycle Transportation Account Program Council Minutes November 10,2005 Page 2 (BTA) Between the City of Grand Terrace and Caltrans, Agreement No. 03/04-08S-BD-02 ITEMS REMOVED FROM CALENDAR 3E. Resolution in Support of the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 CC-2005-123 MOTION BYCOUNCILMEMBERHILKEY,SECOND BYCOUNCILMEMBER MILLER, CARRIED 4-0-1-0 (MAYOR FERRE WAS ABSENT), to approve a Resolution in Support of the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 PUBLIC COMMENT Jeffrev McConnell,21758 Walnut Avenue,indicated that the Planning Commission did not approve the Manhole Builders project because of the support of all of the residents that opposed the project and stood firm on what they believed in. He referred to an article that was in the Grand Terrace City News and stated that the opposition of the Manhole Builders project was not a battle of the Grand Terrace Area Chamber of Commerce. He stated that he and Bobbie Forbes were representing themselves only. He also stated that he is no longer a Board Member of the Chamber of Commerce that he is the Editor of the Blue Mountain Outlook. He indicated that for the record the Chamber Board has the final say on what is included in the Blue Mountain Outlook not the Editor or the City. ORAL REPORTS 5A. Committee Reports 1. Emergency Operations Committee a. Minutes of October 4, 2005 CC-2005-124 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-1-0 (MAYOR FERRE WAS ABSENT), to accept the October 4, 2005 Minutes of the Emergency Operations Committee COUNCIL REPORTS .T Councilmember Hilkev,thanked staff and the sponsor's for the Halloween Haunt. He feels that it was a wonderful event. He stated that it was brought to his attention that during campaign season, candidates leave flyers on doors. He stated that it is not unusual for Council Minutes November 10,2005 Page 3 homeowners not to use their front doors and that the flyers can build up signaling to thieves that the home may be unattended. He feels as though this should be something to look at addressing in the future. He reported that the traffic on Barton Road has reached a new high and requested that staff push the signal synchronizing through town. He feels that traffic must be the number one problem in Grand Terrace. Councilmember Garcia, reported that she enjoyed the Annual Country Fair and that the Historical and Cultural Activities Committee did a great job. She questioned how long the project on Palm and Observation was going to take. Building&Safetv/Public Works Director Richard Shields,responded that when he spoke to the Gas Company they indicated that it would take approximately two weeks. Councilmember Garcia, questioned if the area where the plates are will be level when the project is complete. Buildine & Safetv/Public Works Director Shields, responded in the affirmative. Councilmember Garcia, questioned what the mounds of dirt are for at the Sav-On construction site. Buildiniz&Safetv/Public Works Director Shields,responded that it will be used to raise and level out the area for the parking lot. Councilmember Garcia, questioned when the project will be complete. Building & Safety/Public Works Director Shields, responded that he has been told April, 2006. Councilmember Garcia. questioned when the traffic study will be complete. Assistant Citv Manager Steve Berrv, responded that the study should be completed by the end of the year. Councilmember Miller, announced that George Anagnostopoulos passed away and would like to adjourn the meeting in his memory. He also announced that Edward O'Neal passed away and that he will be missed. He thanked the Grand Terrace Foursquare Church for the painting of the Gage Canal. He stated that there are still graffiti issues in Grand Terrace and that staff is working on trying to catch those who are doing it. He felt that the Halloween Haunt was a good event and suggested that we focus on the kids and the organizations that support the event. He feels that the political element shouldn't be out in the forefront and that political literature should not be given out. He stated that he received complaints about Council Minutes November 10,2005 Page 4 the equipment and tree trimming that was going on at City Hall on the same day as Election Day and suggested using better planning next time. He suggested that when the homes are demolished on Barton Road that the entire lot be cleared so that people can't congregate. Mavor Pro Tem Cortes. reported that SANBAG Board of Directors voted and approved to receive proposals from contractors for the management of the signal synchronization. Two will be chosen because it is two tier. The first tier is the I10 Signal lights and the second tier is the major cities signals. They are hoping to begin the project in spring and that it will be completed six months after that. There will be a total of 600 signal lights. She stated that there was an incident.on De Berry and Stonewood and requested a report on what happened. Lt.Hector Guerra. San Bernardino Countv Sheriff's Department,reported that over the past few weeks they have seen more of a problem with graffiti. He stated that approximately 20 individuals ranging in age of 12 years to the early 20's that live in town have been hanging around in the commercial areas. While the Deputies were making their efforts to get them to stop hanging out in the commercial areas they resorted to the residential areas. On Sunday they went out in force and created a lot of havoc in the neighborhoods. After investigating and input from residents they were able to make approximately half a dozen arrests. He indicated that those in the group are responsible for most of the graffiti that has been done in town. He stated that the information that was provided by local residents helped tremendously. Citv Manager Tom Schwab. stated that the City received a request from the Department to tear down the three empty homes on Barton Road and that in turn staff has requested the Developer to do so. He feels that this will help in eliminating the problem. Mavor Pro Tem Cortes,stated that she appreciates the work of the Sheriff's Department. She stated that Ed O'Neal was a long time resident and volunteer and gave the funeral arrangement information. PUBLIC HEARING Mayor Pro Tem recused herself from this item and turned the meeting over to Councilmember Hilkey. 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 De Berry Street Between the Gage Canal on the West Council Minutes November 10,2005 Page 5 and Mt. Vernon on the East and Environmental Review Case No. 04-01 (E-04-01)- Mitigated Negative Declaration as Provided by the Califoinia Environmental Quality Act (CEQA) John Lamm, Associate Planner, reported that this project was continued from the City Council meeting of October 13, 2005. The motion to continue the matter directed staff to ask the developer to consider lowering the nuinber of units proposed to allow for an off-street parking area which would be gated to restrict its use for the guests and visitors of the proposed development. The staff was also directed to ask the developer to consider a Home Owners' Association, "HOA," and to determine who the owner of the 20 foot alley-way along the northerly property line. Staff met with the developer and his engineer following the public hearing on October 131h. The developer felt that reducing the number of units and providing off-street parking would not solve the problem of providing for guest parking for the new development. He felt that the restriction of such an off-street parking lot solely for use by guests would be very difficult to control and would not solve the problem of guest parking along De Berry. He suggested that a better solution would be to post the north side of DeBer y with a 3-hour parking limit which would discourage parking from the apartment complex but would also provide for guest parking for the new proposed 15 unit project. The developer also felt that an"HOA"would not be practical for such relatively small project, especially since there will be no conninon areas that will need to be controlled or maintained. In addition,regarding the issue of landscape maintenance along DeBerry,Section 18.73.210 (B) of the Municipal Code presently contains provisionstthat require the individual homeowner to maintain their front yard landscaping. Finally, the developer's engineer provided Staff with a copy of the Tract Map No. 6551 recorded in 1963. This map allowed for the subdivision of the area to the immediate north of the subject site and included the 20- foot alley-ways. The notations on the recorded map clearly indicate that the alleys were dedicated as part of the public-right-of-way. It is clear from reviewing the recorded tract map that the City"owns" the alley-ways. The Planning Commission and Staff recommend for approval the Ordinance for the Adoption of the Specific Plan No. 04-02 and the Resolution of Approval for Tentative Tract Map No. 04-01. Councilmember Miller,stated that each Councilmember has had the opportunity to speak to the developer and that he would like to be reassured that the items that they talked about will be implemented. Councilmember Garcia, questioned what the space is between the park and the first house. Communitv and Economic Developer Director Koontz, responded that there is no space. There is the house with the side-yard set-back and then the lot. It is either part of the open space lot or part of the residential lot. Councilmember Garcia, questioned if it will have a fence between residential lot and the Council Minutes November 10,2005 Page 6 park. Communitv and Economic Development Director Koontz.responded that there will be some type of fence or wall along the property line. Councilmember Garcia, questioned the North property line. Community and Economic Develop_ment Director Koontz, stated at this point there is no plans. Councilmember Garcia, questioned if lighting deters criminal activity. Lt. Guerra, responded that it can't hurt. Councilmember Garcia, stated that in the future the City may want to look at cull-de-sacs in the City and see what the lighting situations are. Councilmember Miller, questioned what can be done to place street lights along this alley way as part of the approval. Communitv and Economic Develop_ ment Director Koontz, responded that there are some lights along the alley-way. Council can condition the project to have staff double check the visibility of the street lights and improve the situation. Councilmember Hilkev, questioned if the street lights are in the alley. Communitv and Economic Development Director Koontz, stated that there are some street lights attached to the power poles along the alley. Citv Manager Schwab,stated that Council can condition the proj ect to have motion censored lighting on every garage in the back. Councilmember Hilkev_ . questioned if the lighting could have some sort of circuit that couldn't be turned off. Communitv and Economic Development Director Koontz, would like the applicant to respond to the lighting circuit. A condition can be added to take special care and emphasis on security lighting in the alley and to have staff work with the applicant to figure out the best way to do that. Councihnember Hilkev, stated that there were some concerns that were brought up that he hasn't heard addressed. Council Minutes November 10,2005 Page 7 Community and Economic Develop_ ment Director Koontz, stated that he thought staff had addressed the concerns. Councilmember Hilkev,stated that they were going to widen the parking so that each house would have a pad for parking. Community and Economic Development Director Koontz,stated that it was discussed during the presentation. That would be included in the CC&R's the provision that they would be allowed at their own discretion to add another parking space next to the garage. Councilmember Hilkev, stated that there will be CC&R's one will let them know that there is a parking issue, so when they buy the house they will know that there is a parking issue and two they are allowed to install a parking stall if they choose to if not they will have a compound parking issue. Communitv and Economic Development Director Koontz,responded in the affirmative. He stated that they want that in the CC&R's because the City has to approve the CC&R's before the map is recorded. Councilmember Miller, he feels that having the pad in the back will help with the parking situation. He is not supportive of limiting the parking to 3-hours on DeBerry. Jason KarRer, 19236 Dandelion Court,stated that at the conclusion of the last meeting there were basically three items of concerns. First being the alley-way,which was determined to be owned by the City. The second being the parking issue. It will be included in the CC&R's that it is a public street and that anyone can park on the street and also they will offer as an option that they can add additional parking spaces in the rear of the property. Thirdly was lighting. There is lighting on the poles and behind on the duplexes. On the back of each house there will be two coach lights. It is possible to place the lights on a different circuit,however,what is to prevent someone from unscrewing the light bulbs. He feels that the HOA issue was addressed in the fact that there is no common area. Councilmember Garcia,she stated that she prefers motion lights and questioned if they could be motion. Jason Karaer. stated that it's not the wiring it's the actual fixture. He stated that there are two things that people don't like about motion lighting and that is when dogs or cats walk by it triggers and that motion detectors can go out over time. Councilmember Miller,questioned if there are vehicles parked in the alley-way will it be the code enforcement officer's responsibility to enforce the parking. Council Minutes November 10,2005 Page 8 Citv Manager Schwab, responded that it would more than likely be a deputy. The alley is only 20 feet wide and if someone parks in the alley they are actually parking in the travel lane. Councilmember Hilkev, questioned who the existing lights belong to. Citv Manager Schwab, responded that the lights belong to Edison and that the City should pay the bill. .: Councilmember Hilkev,expressed his concern about the parking issue with the owner having the option of having an extra pad for parking and having them pay for it. Jason Kamer,really feels that the parking won't be as big of a problem that Council feels that it will be. He stated that the CC&R's will require that the homeowners park in their garages. Councilmember Hilkev, questioned if we can include lighting in the CC&R's. Community and Economic Develob_ment Director Koontz,stated that anything can be in the CC&R's. Councilmember Garcia, questioned if the City can do anything if the homeowner doesn't comply with the CC&R's. Citv Attornev John Harper,responded that it depends on how they are drafted,under normal circumstances no. Communitv and Economic Development Director Koontz, stated that there are other built out alleys in the City and suggested talking to the Sheriff's Department to see if there are problems with crime in those areas. Lt..Guerra, responded in the negative. Councilmember Hilkey opened discussion to the Public, there being none he returned discussion to the Council. Councilmember Miller,stated that there are CC&R's that include parking regulations in the newer developments. He stated that he wants to make sure that the homeowner having an option to build a slab for extra parking is not an opportunity for the developer to make more money. He feels that the developer has worked with the City to address the issues. He feels that lighting should be added to the CC&R's. CC-2005-125 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER. Council Minutes November 10,2005 Page 9 GARCIA, CARRIED 3-0-1-1 (MAYOR FERRE WAS ABSENT AND MAYOR PRO TEM CORTES ABSTAINED), to approve 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 the first reading of 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 De Berry 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) with the understanding that Staff will also include lighting in the CC&R's. Councilmember Hilkey returned the meeting to Mayor Pro Tern Cortes. 6B City Wide User Fee and Rate Study An Ordinance of the City Council of the City -of Grand Terrace, California, Amending Title 4 of the Municipal Code and Establishing User Fees Assistant Citv Manaser Berrv.CBIZ Accounting,Tax and Advisory of Orange County,LLC (CBIZ)was engaged by the City of Grand Terrace to prepare a comprehensive City wide user fee and rate study. The Rate Study document represents the results of the study and the recommended user fee increases,decreases,additions and deletions per staff. The objective of this project was to prepare a comprehensive City wide user fee and rate study that will identify all costs associated with providing specific services. The last time a full study was done and increases were enacted by the council was August 1993. It is Staff s recommendation to adopt an Ordinance amending title 4 of the Municipal Code and Recommended Increases, Decreases, Additions, and Deletions of Selected User Fees. Councilmember Miller, questioned if the study was compared to other cities. Carol Jacobs, 2301 Dupont Drive, Irvine, responded no and explained that a fee study comparison is good information to have,however,how cities calculate fees can vary widely so it's not a good gage to use when looking at fees and the cost to do business in Grand Terrace. Assistant Citv Manager Berrv.stated that Staff has put together a cost analysis with the most comparison data available from other cities. Grand Terrace has the lowest user fees in the area. Councilmember Miller, questioned how they came up with the fees. Carol Jacobs,responded that there are a number of components that are used. First they look Council Minutes November 10,2005 Page 10 at the labor rate at the highest step with all benefits, they add in a City-wide overhead rate, and a department overhead rate. Assistant Citv Manager Berrv,stated that there is a fully burden cost. The Department Heads looked at the-study and decided what increases or decreases they wanted to make. Councilmember Miller, questioned how the overhead rate was obtained. Carol Jacobs, they took the direct cost and the indirect cost and divided them together. Councilmember Hilkev, stated that he has an issue with raising the copy fees. Carol Jacobs, stated that the only thing that their study does is tell the Council what the maximum the City can charge legally. Councilmember.Hilkev, expressed his concern with the fees for appeals of the Planning Directors decision,Planning Commission decision. He also has a concern with the fee for a major subdivision being the same as a minor subdivision and questioned what the difference is. Building&Safetv/HousinR Director Richard Shields,responded that he did not review these fees it was done by the previous director, however, he explained that a minor subdivision is 4 or less lots and a major subdivision is more than 4 lots. Councilmember Hilkev, questioned what deferred monumentation is. Building&Safetv/Housin2 Director Shields,responded that it is when they come in and do a monument on a parcel that has been deferred to a later date. Citv Manager Schwab, stated that there is a fee for deferred monumentation for 20 lots or less and no fee for 21 lots or greater and that maybe it should be a per lot fee. Carol Jacobs, stated that in the current fee schedule there is two categories for deferred monumentation. They want to eliminate the 21 or greater lots and have a per lot fee. Mayor Pro Tern Cortes opened discussion to the public. Jeffrev McConnell, 21758 Walnut Avenue, stated that he understands that fees needs to be adjusted. He expressed his concerns with the fees for the copies and suggested that some of the documents be available on-line. He feels that there needs to be clarification on the tape reproduction both audio and video. He expressed his concern with the use of acronyms and the appeal fees. He feels that the Council asked that the Council keep this in mind when reviewing the fees. Council Minutes November 10,2005 Page 11 Patricia Farlev. 12513 Michigan Street,expressed her concern with the fees for reproduction of documents. She suggested having documents available that they can take and copy on their own at a cheaper price. She feels that the information should be available on-line. She expressed her concern with charging the maximum fee. She feels that the knowledge of facts should not be just word of mouth, they should be able to obtain the information from the City. Mayor Pro Tem Cortes returned discussion to the Council. Councilmember Miller, would like to see the fee structure in comparison with other cities. He feels that there are some items that need to be looked at and reviewed. Councilmember Garcia. questioned why we are doing this at this time. Assistant Citv Manager Berm responded that there was some concern that the current user fees were too low. Citv ManaL-er Schwab, stated that in the budget staff asked to review development fees and user fees. If you look at these fees most of them are development fees. He understands the items of sensitivity, however, most of the fees are development fees. Council should keep in mind if the City does not charge the fully burden cost to a developer the rest of the citizens are going to subsidize it. Councilmember Garcia, stated that she agrees with some of the comments that have been made. The acronyms need to be spelled out in the documents. She would like to see the documents available on-line. City Manager Schwab, stated that staff is developing for next years budget a proposal to update the entire website to look at placing the entire agendas and minutes. Councilmember Garcia, indicated that she would like everything to be available not just portions of information. Mavor Pro Tem Cortes,feels that the website should be up-to-date. She indicated that some meetings last long and that more than one tape is used and that there should not be charged per tape. Councilmember Hilkev,questioned if the user fees are differentiated from development fees. Citv Manager Schwab, stated that these are user fees and that the development fees are currently being reviewed by staff. Council Minutes November 10,2005 Page 12 CC-2005-126 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (MAYOR FERRE WAS ABSENT),to Continue the Ordinance of the City Council of the City of Grand Terrace, California Amending Title 4 of the Municipal Code and Establishing User Fees to December 8, 2005. UNFINISHED BUSINESS 7A. Second Reading of 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 CC-2005-127 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBR GARCIA, CARRIED 4-0-1-0 (MAYOR FERRE WAS ABSENT), to approve the Second Reading of 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 NEW BUSINESS -None CLOSED SESSION -None Mayor Pro Tem Cortes adjourned the meeting at 7:40 p.m. in memory of George Anagnostopoulos and Ed O'Neal, until the next CRA/City Council Meeting which is scheduled to be held on Thursday, December 8, 2005 at 7:30 p.m. f CITY CLERK of the City of trand Terrace MAY0f of the City of Grand Terrace