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02/23/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - FEBRUARY 23 2010 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on February 23, 2010 at 4:00 p.m. PRESENT: Maryetta Ferrd, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriffs Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 4:00 P.M. Mid Year Budget Workshop A Budget Workshop was held to discuss the current FY 2009r2010 Budget adjustments presented by City Manager Betsy M. Adams. Chairman Ferrd adjourned the City Council and Community Redevelopment Mid -Year Budget Workshop at 5:30 p.m. CONVENE CITY COUNCIL MEETING 6:00 P.M. The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Jim Miller. ITEMS TO ADD/DELETE - None SPECIAL PRESENTATIONS Council Minutes 02123t2010 Page 2 A. Chamber of Commerce Business of the Month Sally McGuire, Grand Terrace Area Chamber of Commerce, introduced Maria Frasier, from Fraco Enterprises which is the February 2010 Business of the Month. She reported that Market Night will not be held until May 3, 2010. A Mixer will be held at Emeritus on March 11, 2010 which is open to the public. A tri-City mixer that will include Colton, Loma Linda and Grand Terrace will be held at Ashley Furniture on March 18, 2010. She reported that the Colton School Board will be the speaker at this months luncheon which is held on the third Tuesday of each month. Mayor Ferrd presented Elvera Elmlund with a certificate honoring and congratulating her on her 100" Birthday. CONSENT CALENDAR CC-2010-14 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRF, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of item 3A: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 02-09-2010 Minutes 3D. Traffic Engineering Services Agreements 3E. Emergency Operations Committee Minutes of 12-01-2009 and 01-05-2010 3F. Memorandum of Understanding ("MOU") Between the City and San Bernardino Association of Governments ("SANBAG") for the Greenhouse Gas Inventory and Reduction Plan 3G. Sales, Use and Transactions Tax Audit Services - Hinderliter, de Lamas and Associates 3H. Second Amendment to Purchase Order No. 2234, for Lynn Merrill, Consulting to Municipal Governments, for Technical Support for the City's Solid Waste and Recycling Programs ITEM REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register Dated 02-23-2010 CC-2010-15 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approved Check Register Dated February 23, 2010. PUBLIC COMMENT Council Minutes 02,:23.2010 Page 3 t—j Debra Hurst, 22950 Orangewood Court, indicated that she has a petition to have Jim Miller's charges dismissed which reads, "We the people present this petition in support of City Councilmember Jim Miller. We believe the District Attorney has had sufficient time to review the case against Jim Miller and believe the allegations to be unfair and unjust to our community and the Miller family. At no time has the ownership of the City News been hidden from our community or City Officials. We believe The City News to be a wonderful communication tool and an asset to our community as a public service that provides community information. We, the undersigned, are concerned citizens who urge the District Attorney to dismiss the charges brought against our City Official Jim Miller, we believe in his integrity and honor." Thomas Schwab, 22687 Lark Street, stated that he was surprised to see an article in the paper that seemed to infer that the City Council was unaware that the Agency was making loans to the City. I refuse to believe that none of the City Council Members during the last 10 years recognize the fact that we used the Redevelopment Agency to balance the budget. In fact the current budget that was adopted last year by the entire Council, including CounciImember Stanckiewitz, included the same transfer that they did the last 10 years. Last year there was hundreds of thousands of dollars transferred from the Agency to the City and it was called overhead. He feels that people need to realize that the Redevelopment Agency is kinda like global warming if you believe in it, I can make arguments either way, whether is great or terrible. The one thing that you need to remember when you talk about right pocket and left pocket is that we are both pockets. The City is the Redevelopment Agency, and the City Council is the Board for the Agency. The City Manager is also the executive director of the Redevelopment Agency and the same is true for the City Attorney, Finance Director and City Clerk. That borrowing has been going on for many years, every single budget and every single financial statement, if you know how to read it, shows you that those transfers were going and will continue to go on. He challenged the Council to adopt a budget that does not take any money from the Redevelopment Agency. Laura Taylor, 22225 Lark Street, thanked Councilmembers Jim Miller and Walt Stanckiewitz for attending the Colton School Board Meeting to support the teachers. William Pereira, 2746014' Street, Highland, thanked Councilmembers Jim Miller and Walt Stanckiewitz for attending the Colton School Board Meeting to support the teachers. Bernardo Sandoval, 22950 De Berry, questioned who supports Jim Miller. He believes that to be able to support Jim Miller it takes more than a signature on a petition. That's a good start and this town will have the ability to show support of Jim Miller. He questioned if Jim Miller is guilty of the charges that he is being accused of. He questioned Councilmember Cortes if she is guilty when she receives payment from her employment, is she guilty of a felony worthy of being arrested at 6:00 a.m. putting your mug shot across every newspaper nationally. Maryetta voted for payment to a water board that your husband sits on. Is there Council Minutes 02/23/2010 Page 4 criminal intent on your part is there criminal on Bea Cortes' part, absolutely not. You need to follow the same measure and same logic. Is Jim Miller guilty of the charges that are being pursued against him? It is no longer acceptable to simply pretend that this has not happened. This Council has the ability to pass a non -binding resolution in support of Jim Miller asking Ramos to drop these charges. He is asking the Council to protect one of their own and no longer allow the City to be trampled by the Colton School Board or any other organization including Mike Ramos. Jim Miller deserves better than this and we the people of Grand Terrace support Jim Miller and this issue will not go away. Patricia Farley, 12513 Michigan Street, it is very clear that a malicious prosecution of Councilmember Jim Miller was sought as a retaliatory measure rather than concern for the public interest or the intent of the law. Everyone should be concerned about why District Attorney Mike Ramos is allowing this prosecution to go forward when it is not in the public interest. Current and former members of the City Council should be very concerned about Jim Miller's case in view of the standard practices that have been occurring in this city for years. Consider the following examples for which there is clear documentation. On August 28, 1997, Byron Matteson, Dan Buchanan, Herman, Jim Singley, and Lee Ann Garcia were on the Grand Terrace City Council when they all approved Check Register No. CRA 091197 which included a voucher for $7,500 paid to the Grand Terrace Chamber of Commerce. It was for fiscal year 1997/1998, and it was not designated for any particular thing. Bernie Simon was the Finance Director for the City of Grand Terrace, and Frank Ferre was the Treasurer of the Grand Terrace Chamber of Commerce. At that time, a Community and Business Directory for 1997/1998 was printed by Allstate Instant printing for the Grand Terrace Chamber of Commerce. According to a newspaper article in 1997, Allstate Printing was owned by Byron Matteson. In the same article, it was also stated that Byron Matteson was the founding director of Inland Community Bank which appears to be the same bank that later gave construction loans for a project that is really in question right now. Some people feel that this project should have never been approved where it is located, right across from residential. An important Public Hearing at City Hall is going to be held on March 4, 2010 at 6:30 p.m. on the CUP for this business. Jim Miller had every reason to believe that he was doing nothing wrong. I believe that he acted in good faith and was ill-advised. I think that the citizens of Grand Terrace have a right to expect our City Attorney and our City Manager to properly advise and support our City Council on matters so that competent and honest people are willing to serve in our City Council. Why aren't all past and present members of our City Council supporting Jim Miller and speaking out right now? It is absolutely disgusting how people are targeted in this city for just being ill-advised or for just trying to bring out the truth. No one ever seems to be holding the right people accountable for their actions. Anyone who really cares about protecting the public from true corruption needs to demand that the malicious prosecution of Jim Miller be stopped immediately. Sylvia Robles, 23008 Orangewood Court, is opposed to Redevelopment Agencies. She feels that Redevelopment debt is not good and urged the Council to abolish the agency. Council Minutes 02'21"20I o Page 5 COUNCIL REPORTS Marvetta Ferre, announced that a free H1N1 Vaccine is being offered at the Grand Terrace Senior Center on Monday, March 8, 2010 from 1:00 to 6:00 p.m. This is available for anyone over the age of six months. Mayor Pro Tern Garcia, reported that transit is becoming an issue in our community and that the funds are going away from public transit which is a serious issue for us. The Mayor has been contacted by several residents related to transit options for the senior center. She reported that she and City Manager Adams met with the Director of Planning for Omnitrans and a Planner. They discussed options and decided that a survey will be done and a public information meeting will be held on March 16, 2010 at 1:00 p.m. They will look at the survey and decide what type of services are really needed. It is being recommended that Grand Terrace be taken out of Route 25 so they are working at trying to keep this from happening. She stated that they will do their best to keep the residents informed. Councilmember Cortes, expressed the importance for all of us to work together especially with SANBAG. Grand Terrace is the smallest City and we don't have a lot of clout or power and it is so important that we stay on track with SANBAG. A year and a half ago the City applied for a grant for Mt. Vernon, which we did not qualify for and we did not get it. All cities applied for this grant. Director of Building and Safety and Public Works Director Shields went to Councilmember Cortes and indicated that we needed the funding and asked if there was anything that she could do. She went and met with a couple of the Board Members and staff and they tweaked the grant so that Grand Terrace could receive the funding. That is how important it is for us to work with SANBAG. Councilmember Miller, reported that there is graffiti written on one of the slides at Rollins Park. He thanked everyone for all of their support. CounciImember Stanckiewitz, stated that he feels that appropriate cost shifting for legitimate expenses, i.e. staff salaries and benefits who work on Redevelopment Programs is different than just balancing the General Fund and feels that it is not managing a budget properly. He questioned if what was done was wrong. He accepted the challenge that the Council will have a balanced budget without raiding the Redevelopment Fund. PUBLIC HEARINGS 6A. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale and Discharge of Fireworks Mayor Ferrd opened the Public Hearing for discussion. Council Minutes 02.2312010 Page 6 Ryan Beebe, 22646 Lark Street, feels that it is always important to take care of the youth, they are the future of the City. He feels that the City has not been taking care of the youth and that they have been focusing more on the senior citizens, which are also important. He feels that nothing positive has been done for the youth in the recent years. He feels that even if fireworks are banned in Grand Terrace, people will still discharge them in town. He urged the Council to allow the sale and discharge of fireworks in Grand Terrace to help support the youth leagues and look to ways to serve the youth in the future. He feels that placing this item on the next ballot is a good idea. John Kelly, Vice -President TNT Fireworks, 555 N. Gilbert Street, Fullerton, stated that he has spoken before the Council other times regarding this issue and feels that everything has been said, however, he gave the Council a couple of questions to ponder should they decide to place this item on the ballot: will the election be an advisory or binding election, will we continue to say all fireworks and really what we are talking about is safe and sane, the dangerous and illegal fireworks are already illegal in Grand Terrace. Will the Council all or in part participate in the ballot argument and will the groups and TNT Fireworks be allowed to sell fireworks in July 2010. He reminded the Council that one of the recommendations of the sub -committee was through the surcharge of the groups as well as participation by TNT Fireworks, there is money coming in for use for patrols on two nights, the P and 4`h of July. Teresa Gray, 22819 DeBerry Street, at the last meeting the Council indicated that they want to ban fireworks in Grand Terrace due to safety concerns. You can not protect people who choose to make bad decisions. These types of people will make these decisions whether you try to protect them or not. They have outlawed using your cell while driving but people do it anyway. She use to be a firefighter a number of years ago and she can assure you that people do stupid things no matter how many laws are in place to try to protect them and those around them. They drive without seatbelts, they leave their animals and children in cars in hot weather. They drive without placing children in car seats and they throw cigarettes out of their windows, which could easily cause a fire. You can not protect people from their own stupidity. As a member of the community she asked that they not take away their right to safe and sane fireworks just because a few people may act irresponsible. As elected officials it is your duty to listen to the voice of the people of Grand Terrace. If you choose to rule against her request to keep safe and sane fireworks in our City then she asks that the Council let the citizens of the City vote and decide if they should be banned not just impose your personal opinions on the City and everyone within it. She feels that it is not that easy to find sponsorships for families that can't afford to pay the registration fee especially when it is difficult to sell a $1.00 candy bar in front of Stater Bros. Ania Wood, 12168 Observation Drive, every year I enjoy going out in the front yard and watching fireworks. If the topic of not allowing fireworks goes through, she will not have that privilege anymore, in fact I won't have it anywhere. Her dad lives in Riverside and they Council Minutes 02 23 2010 Page 7 don't allow fireworks. Never once has she hurt herself with fireworks, she is very careful and aware of the fragileness of them. Going to a ball park is fun but not nearly as fun asdoing them in your front yard at home. Even if fireworks are outlawed in Grand Terrace the same people that caught something on fire are going to go somewhere else and buy fireworks and shoot them off. She enjoys, and is careful and respect her privilege of fireworks. Thomas Schwab, 22687 Lark Street, indicated that there was an article in the paper that was saying that there is no funding available for special fire patrols for the fireworks. He pointed out that the fireworks committee, which worked for several months on this issue, got the Little League to agree that they would put 6° o surcharge on all the fireworks sales which would fund one day of special patrol for the Sheriff's Department. The Sheriff's Department bomb squad unit would go out and do special patrol with that 6% and TNT Fireworks agreed to fund the second day. If he thought that by the Council banning fireworks they would actually go away, he might agree with banning them. Personally he doesn't like fireworks, especially the illegal variety. The truth of the matter is regardless of what the Council does tonight, the fireworks will still exist in Grand Terrace. The only difference is we will no longer be able to buy them in town and support our youth. He urged the Council to do research before they place this item on the ballot. When this goes on the ballot no one will fund a effort to make fireworks away but I guarantee that someone will fund an effort to keep fireworks. He encourage them to go back and look at the history of every fireworks election that has been done by a City to outlaw fireworks in their community and feels that they will find that it is close to 100% of those elections go in favor of keeping fireworks. Ballot measures don't get rid of fireworks. Patricia -Farley, 12513 Michigan Street, indicated that she is sympathetic to the children, however, we have to also teach them that we all loose privileges when we have irresponsible children and adults that nobody can control. Year after year, holiday after holiday, recently it seems like it has been every month, we have fireworks, major ones going up over the huge pine trees right near her home. No matter how many times you tell the fire department, the only people that they leave it up to, to report it is me. She indicated that even though she knows who is setting off the fireworks the department won't do anything about it because they didn't see it. If we can't take care of this problem, we have to help the department by not allowing fireworks on every corner in Grand Terrace. She is tired of the fireworks. The people that are promoting fireworks maybe should have a higher tax to help put a stop to this. JoAnn Johnson, 12723 Mt. Vernon Avenue, stated that her major concern with fireworks is the pets that are traumatized every year. She is opposed to continuing fireworks in Grand Terrace. She would be in favor of placing it on the ballot. She renewed her suggestion, that an honest effort be made to solicit funds from the public, she will be in the front of the line when a sincere effort is made to raise funds through the public. Option number 2 or 3 would be acceptable to her. Council Minutes 02/23'2010 Page 8 Valentine Douglas, 22210 Emerald Street, every year on 4" of July he enjoys fireworks and it is a good time to spend with family and friends. He realizes that there is a lot of irresponsible people out there and feels that taking it away from the entire City is not right. Eileen Garza, 22210 Emerald Street, she indicated that she was the fundraiser coordinator for Grand Terrace Little League and presented some of their sincere efforts of fund raising. She read a list of team sponsors that they received from businesses in the amount of $150.00. There were numerous businesses that were asked in Grand Terrace and surrounding cities but could not commit. Their player sponsorship fee is $65.00. Little League regulations state that the players are only allowed to participate in one fundraiser per year. The fireworks is their major fund raiser. Even with all of these sincere efforts they still need the sale of the fireworks to help support the league. The fireworks funds help reimburse two of the girls softball teams for their airline tickets to the World Series in Washington and Oregon. They also had a year book with other businesses that purchased ads. Anne Wade Hornsby, 22656 Brentwood Street, stated that she has heard all the various sides of the fireworks issue. A long time ago even in Grand Terrace, they were allowed to have incinerators to burn their own garbage. This became dangerous and was something that the City did not want to continue. It was abolished. Conditions changed and fire danger was something that needed to be considered. Her first thought when she thinks of fireworks is the fire danger. Her dogs are traumatized, not just on July 4" but on New Years and other holidays as well. Her basic concern is the fire danger, not just in Grand Terrace but allover. She feels that the residents should be allowed to vote on a ballot whether or not that is something that they want to continue. Fireworks that are available now are very potent. Public displays of fireworks are something that can be enjoyed by families in a safe environment. Doug Wilson, 12168 Observation Drive, when it comes to the topic at hand or any other for that matter, the Council is under no obligation to expand the local government to undermine his liberty after all, are we not of people who collectively believe in the power of the individual and as such must avoid the imposition of our personal bias' in order to preserve the spirit of that sacred trust. His cousin, President Woodrow Wilson said a leader's ear should ring with the voice of the people. If he were in Council's shoes his ears would be ringing not with whether or not a replacement funding mechanism exists but with why a generation so concerned with personal liberty over the course of four decades can grow numb to the symbolism that personal celebration of independence so richly represents. We have so few traditions of our own that mirrored our reverened observance can we honestly afford to affix a price tag to this one. Your own staff recommends that the residents of Grand Terrace be allowed to exercise its constitutionally guaranteed free agency by voting this November whether or not to continue the sale and discharge of fireworks within the city limits. Contained within the body of the recommendation is a history on the subject and he questioned when did this decision degrade from an issue of personal liberty to an exercise Council Minutes 02123/2010 Page 9 U of pin the tale on the donkey. Your own staff acknowledges the need for enhanced law enforcement whether or not fireworks are banned within the City limits. Common sense dictates that banning Iegal fireworks will not alleviate the use of illegal fireworks obtained from outside sources and alike application of common sense shouts if you ban the legal what is to stop the void from being filled with the importation of more illegal fireworks. He questioned if there is a reason why M80's , cannons, roman candles are illegal. Isn't it true that the coalary of freedom is responsibility and someone who chooses to ignore the responsibility inherent with that freedom will undoubtably disregard any attempt to legislate it. Otherwise what are we teaching our children, that we are not capable and by association our children are equally incapable of the minimal government envisioned by our forefathers. He challenged the Council to follow staff's recommendations and put the matter to a vote, especially if you are not in touch with the will of your constituency sufficient that you are uncomfortable with representing that will. He cautioned them to magnify their credibility to an elevated level of mutual confidence. You are the gate keepers of freedom and liberty and if it is the will of the people he will celebrate your allegiance to correct principles with the same ferocity he would choose to celebrate his forefathers courage. Vireinia Harford, 11825 Arliss Way, suggested that people get on the internet and put in fireworks, deaths and injuries and see what you come up with for one 4" of July. Mayor Ferre Closed the Public hearing and returned discussion to the Council. Councilmember Jim Miller, appreciates all the comments that he has heard this evening. He realizes that this has been one of the harder discussions that we have had in Grand Terrace for a long time. He would like to put this issue to rest and come up with a good decision. Last time the Council discussed this they came up with a couple of ideas and he feels that what has been brought up by some of the people that have spoke is that maybe this issue needs to be brought to a vote of the people and find out what they really think. Each of the Council probably has an opinion one way or another and it probably would be a balanced one, however, he feels that it really needs to go to the people and allow them to make the decision and feels that this November would be a good time to do that. He is in support of option number 3. He feels that this does not answer all of the questions. He questioned what is going to be done about this July 4". He brought up the last time this was discussed that he would like the leagues to bring something to show where they are financially and if they had any ideas where they could make some fund raising opportunities available to the community so maybe they wouldn't have to have the fireworks booth. So far the Grand Terrace Little League is the only one that has responded. He questioned if the City has the funds to pay for the lighting at the baseball and soccer fields. City Manager Adams, there are light fees and a $5.00 per player fee so it depends upon each sports group enrollment. It could be $3,000.00 to $4,000.00 per league depending on the number of children involved each year. There are other costs if we were to not allow Council Minutes 02-2V2010 Page 10 fireworks because of the surcharge and a cash contribution from TNT Fireworks. If you factor everything together it gets close to the $25,000.00. She stated that their earnings are a lot more than what the waiving of fees would save them. Councilmember Miller, stated that he would support the sale of fireworks for this July 4" and take it to the voters in November 2010 to see which way it will be for future years. Mayor Pro Tern. Lee Ann Garcia, stated that the Council desperately wants to do something for the youth and to figure out what is the appropriate level of support. Council has always liked the efforts of Little League and Soccer. She feels that it is very important for the City as a whole to come together and support the youth. She is in full agreement with Councilmember Miller this evening. She stated that based on the speakers it appears that the majority would like to see this issue go to the vote of the people and that is what she will support. She supports option 3 and supports the sale of fireworks this July 41" 2010. Mayor Maryetta Ferrd, stated that she would support option 3. She questioned if the City would be able to write the ballot measure. City Attorney Harper, responded that it would depend on the source. If the Council chooses to place this item on the ballot then the Council can prepare the language for the ballot. Mayor Ferrd, stated that she is in favor of the youth groups selling fireworks this July. She questioned if it would be possible to have a safe zone around the base of Blue Mountain where there would be no fireworks allowed. City Attorney Harper, stated that an ordinance could be drafted and brought back to the Council to adopt. John Salvate San Bernardino Coup Fire, stated that there is a high fire hazard severities zone designation from the State that includes the area surrounding Blue Mountain and also the La Loma Hills area on the west side of the City. The only caution that he would recommend of the Council is that they will have to look at the enforcement potential and things of that nature. Those things come with a cost. There is a special surcharge for law enforcement but it does not cover fire. Councilmember Bea Cortes, referred to a letter that was done by Chief Dennen and requested that Battalion Chief Salvate read it for the record. John Salvate, San Bernardino County Fire, stated that this information has come before the Council previously and read it for the record: Permanent scarring, loss of vision, dismemberment - these are too often the harsh realities Council Minutes 02 23 2010 Page I I of amateur fireworks use. According to NFPA, amateur fireworks use endangers not only the users, but also bystanders and surrounding property and structures. Pyrotechnic devices including sparklers and Safe & Sane fireworks can cause thousands of fires and serious injuries each year, Nationally. Safe and Sane fireworks don't exist according to the NFPA's Fire Analysis and Research Branch. "When things go wrong with fireworks, they go very wrong, very fast, far faster than any fire protection provisions can reliably respond." In recent years, fireworks have been one of the leading causes of injuries serious enough to require hospital emergency room treatment. Fireworks can result in severe burns, scars' or even death or disfigurement that can last a lifetime. The thousands of serious injuries each year typically harm the eyes, head, or hands, and are mostly reported in states where fireworks are legal. Even sparklers, which are considered by many to be harmless, reach temperatures of more than 1,000 ° F. "Fireworks are dangerous and unpredictable. The few seconds of pleasure those fireworks may bring are not worth the risk of injury, permanent scarring, or even death. San Bernardino County has been the site of some of the Nations most devastating fires. We have witnessed thousands of homes burned. Countless lives lost, and even firefighters killed because of fireworks. Why would we want to continue making flammable explosives available in such a fire prone region? Wooded area, homes, and even automobiles have become engulfed in flames because of fireworks. Fireworks -related fires have typically caused at least $20 million in property loss Nationally. For most people, their family and their home represent the hard work of a lifetime and their hopes for the future. No one would risk losing what's most important to him or her if they understood the dangers of fireworks. There are safer alternatives to using fireworks on the Fourth of July. Public fireworks displays are one of those alternatives. Conducted by trained professional, these displays are the smartest and safest fireworks alternative for anyone because they are established under controlled settings and regulations. Clearly, fireworks are capable of devastating and fatal injuries. According to the American Pyrotechnics Association, there are currently six states that ban all consumer fireworks (AZ, DE, MA, NJ, NY, and RI). The fireworks banned in these states don't become safer when used in others. Remember, all fireworks should be left to professional and youth sports are still available to our children in communities where fireworks are banned, without the sale of fireworks. The San Bernardino County Fire Department supports a ban on the sale of Safe and Sane fireworks everywhere in our county, including the City of Grand Terrace. Council Minutes 02-23i2010 Page 12 He stated that the position of Chief Dennen still stands. They support whatever decision that the City Council makes and will do their best to remain good partners with the City. Councilmember Cortes, stated that she received a petition with several signatures that are in favor of banning the sale and use of fireworks in Grand Terrace and requested that it be included as part of the record and attached to these minutes as attachment A. She supports the youth groups unfortunately, the City can not financially support them. She has contributed to the organizations in the past. She supports option 3 for this to go to a vote of the people. Councilmember Walt Stanckiewitz, stated that the City has been dealing with this issue for many years. He had an opportunity to review the fireworks committee votes which were eye opening. It was a split vote with those in favor being the youth groups, the fireworks company and the City Manager and those opposed were residents. He was disappointed that the committee Chairperson abstained. We have not looked for alternatives in 13 years and he feels that this issue needs to be taken to the vote of the people. He supports option 3 to compose an ordinance that would be a ban on all fireworks in the City of Grand Terrace and put it to the voters in November. He supports that the Leagues be allowed to sell fireworks this year and that the City negotiates with TNT Fireworks a fair market rent if they wish to use City Property. CC-2010-16 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), to direct staff to come up with ballot language for the November Election allowing the residents to vote on whether or not the sale and discharge of all fireworks shall be prohibited in Grand Terrace; and allow the youth leagues to sell fireworks for the year 2010. CC-2010-17 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-1-0-0 (COUNCILMEMBER STANCKIEWITZ VOTED NO), to direct staff to bring back the appropriate documents to allow a safe zone per the Fire Department to be implemented this July 4, 2010. UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California Rescinding the Traffic Signal Improvement and Arterial Improvement Fee Schedules (4.104) and Replacing it with a New Fee Structure CC-2010-18 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California Rescinding the Traffic Signal Council Minutes 02'23.2010 Page 13 Improvement and Arterial Improvement Fee Schedules (4.104) and Replacing it with a New Fee Structure NEW BUSINESS 8A. Resolution to Support a Grant Proposal to the State Department of Parks and Recreation for a New Park Rita Schwark, 21952 Grand Terrace Road, stated that she is not for or against a park. She feels that if there is an overflow of people at that park they are going to park in front of her house that she is responsible for maintaining. She questioned how many parking spaces will be at the park. She indicated that she did not receive a notice regarding this project nor did her neighbors. She feels that there will be a lot of people utilizing the park and that there will be a significant amount of traffic increase. She feels that this park will affect her property value. She stated that there is no code enforcement after 5:00 p.m. on Thursday evenings and that the City does not operate on weekends. Who will maintain this property during the time that the City does not operate. She expressed her concern that the truck drivers will use the restrooms. Charles Hornsby, 22656 Brentwood Street, stated that the State of California is in debt and they are telling you that they are going to give you money that they don't have. The City needs to think about the financial state of California when considering this grant proposal. CC-2010-19 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 5-0, to approve a Resolution to Support a Grant Proposal to the State Department of Parks and Recreation for a New Park. 8B. Mid -Year Budget Review for FY 2009-2010 CC-2010-20 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to receive and file and approve the recommended Mid - Year Budget Appropriation Adjustments and approve the Changes to the Reserve Designations as follows: FY 2009/2010 General Fund Reserve Available Designated Total $1,147,982 $2,630,745 $3,778.727 FY 2009/2010 CRA Reserve Council Minutes 0212312010 Page 14 Available Designated Total $2,872,632 $4,879,087 $7,751,719 CLOSED SESSION - None Mayor Ferrd adjourned the meeting at 9:20 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, March 9, 2010 at 6:00 p.m. i MAYO of the City of Grand Terrace CITY CLERK of the City of Grand Terrace El 0 Petition regarding Fireworks in Grand Terrace We the undersigned are in favor of banning the sale and use of Attachment A 0 U