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04/13/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - APRIL 13, 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 April 13, 2010 at 4:30 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, 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. Espinoza, San Bernardino County Sheriffs Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE CITY COUNCIL MEETING 4:30 P.M. I . Closed Session - Conference with Legal Counsel - Potential Litigation - GC54956.9(b)(2) and GC54956.9 ( c ) Mayor Ferrd announced that the Council met in Closed Session to discuss with Legal Counsel Potential Litigation - GC54956.9(b)(2) and GC54956.9 ( c ) and that there was no reportable action taken. 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 Councilwoman Bea Cortes. ITEMS TO ADD/DELETE - None SPECIAL PRESENTATIONS A. Woman of Distinction Recognition Council Minutes 04 '13/2010 Page 2 Mayor Ferre announced that every year Emmerson has an event that highlights women that have made a difference "Woman of Distinction". She indicated that the Council has invited two of the individuals that received this honor from Grand Terrace to the meeting to be recognized. She introduced Deborah Seuylemezian and Mary Ann Stewart and presented each of them with flowers. Mayor Pro Tem Lee Ann Garcia announced that Maryetta Ferrd was also recognized as one of the Woman of Distinction recipients. B. Proclamation - BIue Ribbon Week - Week of May 9, 2010 Councilman Stanckiewitz read a Proclamation proclaiming the week of May 9, 2010 as Blue Ribbon Week in the City of Grand Terrace in recognition and support of all peace officers and law enforcement agencies and presented it to Sgt. Espinoza. C. Recognition of Sheriffs Deputies for Exceptional Service Sgt. Espinoza introduced Gerry Tesselaar, the new Captain for Grand Terrace. Captain Tesselaar read a bio on what each Deputy did to earn the Sheriffs Exceptional Service Award. Mayor Ferre, presented Deputy Alex Naousn and Deputy Patrick Leon with commendations for their efforts and dedication to the Community. CONSENT CALENDAR CC-2010-29 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to approve the following Consent Calendar Items: 3A. Approve Check Register Dated 04-13-2010 313. Waive Full Reading of Ordinances on Agenda 3C. Approval of 03-23-2010 Minutes 3D. Agreement for "Maintenance ofTraffic Signals and Safety Lighting" Located at the Main Entrance of Grand Terrace High School on Main Street 3E. AT&T Telephone and Data Services Contract 3F. Acceptance of Dedication at 12569 Michigan Street, Grand Terrace, CA 3G. Historical & Cultural Activities Committee Meeting Minutes of 03-01-2010 PUBLIC COMMENT Sylvia Robles, 23008 Orangewood Court, stated that the citizens have three minutes to Council Minutes 04,' 13.;2010 Page 3 interact with Council and she feels that it is really a deficit on their end and a way to keep things orderly. She was very disappointed in the March 9, 2010 meeting concerning the Amendment to the RDA. The Staff report, in her opinion, was very imbalanced. The State requires that alternate sources be analyzed and none were indicated. What was detailed were the wonderful programs we all enjoy and appreciate. Nothing was detailed on what was spent on commercial and retail projects and what will be spent in the future. The other issue is that the State requires that the RDA determine why private developers need their help to build shopping centers or other typically privately funded commercial ventures, she does not believe that this threshold was met. She felt that the Council should have asked more questions on behalf of the tax payers they represent. Since they have three minutes and you have much more time that should have been done. Tax increment is property taxes. The State is projecting a deficit upwards to 20 billion dollars. The same revenue stream of property taxes is what funds the schools and all local governments. Someone said that we should take this money because if we don't someone else will. We are in a deep financial crisis because we have had the attitude lets all take our piece of the pie. She cherishes the good projects and the good that can be done with RDA. She also cherishes capital investment that should be done by private individuals. Look around at all of the vacancies, we do not need to be funding these. A stream of funds of property taxes is finite and we need to take only what we need not any more and she feels that this Council needs to ask more questions. We have a heavy agenda in two weeks and she plans to be there and anyone who will yield their time to her, please contact her. R.A. Barney Barnet, 474 Prospect Avenue, Highgrove, invited everyone to the Highrove Day on May 8, 2010. He reported that according to RCTC, their Environmental Impact Report is now finished. There are some challenges that can be submitted in writing if anyone would like to, the deadline is May24, 2010. He stated that the EIR was not given to the Library in Highgrove, however it was provided to many of the surrounding libraries. He read a sentence that was included on the back of the EIR "The public's primary concern throughout the process have been safety, noise and rail traffic" There is no mention of the station locations and that is where we have been fighting as a joint effort for Highgrove and Grand Terrace for the last 8 years. There is a meeting tomorrow at 9:30 a.m. at 4080 Lemon where they will be reviewing this Environmental Document. Patricia Farley 12513 Michigan Street, reminded the Council of the incredible cost to her and other citizens, money, time, damages to their health and damages to the value of their property when things are not built in a timely manner. She has had to come to so many meetings to have different things followed through on. Firstly she has no confidence that they are going to get accurate facts or complete information and secondly it has been proved to her that many things are passed by City Officials that are in direct violation to the law. When for years citizens have been, at their expense, following through on things and their opinions and views aren't even considered. When there are public hearings, there are a lot of people that are angry they just can't keep coming to the meetings. She is one person and Council Minutes 04. i 3/2010 Page 4 she is tired of it. The City is required to follow the municipal code and the laws and it is not being followed. There are hundreds of documents to prove it and they have had years to look into it and you haven't done it. In continuing the Swertfeger CUP you are increasing the damages for which you are liable and you are personally liable because you have been told that there is a problem. She respectfully requests that the Council do their job and do it immediately so that you put a stop to the damage to individuals and the entire city. COUNCIL REPORTS Mayor Pro Tern Garcia, reported that everyone should have received new trash containers from Burrtec. She commended Burrtec for making sure that we have appropriate receptacles that are easy to identify and use. She reported that Little League is taking sponsorships for $150.00. She would love to see each team sponsored. She reported that the 26h Annual Art Show will be held on Sunday, May 2, 2010 from 1:00 p.m. to 4:00 p.m. Councilmember Cortes, reported that at the SANBAG Board of Directors Meeting they learned of a new program that is going to be available for all residents in San Bernardino County. The Program is called IE 511. Anyone can call to find out about traffic congestion, etc. City Clerk Brenda Mesa, stated that SANBAG and RCTC has asked all of the cities to help test the program using different cell phone carriers and land lines. That testing will be done on April 15, 2010. It will be advertised on the Website when it is up and running. Councilmember Stanckiewitz, reported that Grand Terrace Market Night is coming back May 3, 2010. As of today it has been 14 days since he wrote a letter to the Corporation for Better Housing questioning some of the things that went on at the Senior Center. He has not received a response to date. He will continue to report until he hears something from CBH. He had some members of the Measure B Measure G citizens oversight committee come to him with their concerns about the construction of Grand Terrace High School and that it appears that certain things that were promised may not materialize when the school opens. There was a special meeting held last week and those concerns were confirmed. There will not be a swimming pool, bleachers, rest rooms or a concession stand for the football stadium and the tennis courts will not be constructed. The Measure B and Measure G citizens oversight committees position is that this is what the bonds were sold for. They responded that they only received 48 million of the 60 million, which is about 20% less and they also acknowledged that construction costs are 20 to 25% less than when they planned on building. He would like to request that we have the school board or someone from the facilities organization come and make a presentation to the Council to explain to the City of Grand Terrace exactly what their thoughts are and why they are eliminating some of these projects from the construction. Council Minutes 04? 11:2010 Page 5 Mayor Ferre, stated that at a recent Chamber luncheon the Assistant Superintendent in charge of business did an update on the high school. She questioned if Councilmember Stanckiewitz wanted to request that he come and give a report or did he want the Oversight Committee Chair to come and give a report. Councilmember Stanckiewitz, responded that he would like Mr. Ayala to come and talk to the Council about what is going on. It was the consensus of the Council to direct Staff to contact the CJUSD and ask Mr. Ayala to come to make a presentation to the Council specifically on the items that were brought to the Oversight Committee. Councilmember Stanckiewitz, attended anonymously a meeting of residents of Highgrove and Riverside County Engineering Personnel. The people along Main Street are not happy with the City of Grand Terrace and the location of the high school and how that will impact their quality of life and their property. He was very impressed with the Engineering personnel from Riverside County and their willingness to work with each individual resident on how they could mitigate some of these issues. Main Street is going to become a very busy thoroughfare. The quality of life for those residents is going to suffer and it will also extend down Michigan when the street lights are installed. PUBLIC HEARINGS 6A. Resolution - Swertfeger Equipment -Modification or Revocation of Conditional Use Permit 99-01, 99-01 A2 and 99-01 A3, Located at 12438 Michigan Street Frank Tetley, 22545 Barton Road, respectfully requested a continuance of this item for two weeks, possibly four, at their convenience. He did not know that it was on the calendar until recently. He requested that in the future he receive a courtesy notice, if not a more formal notice. He was not noticed at all that this item was on the agenda. CC-2010-30 MOTION BY COUNCILMEMBERCORTES, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0, to continue the Public Hearing - Resolution - Swertfeger Equipment - Modification or Revocation of Conditional Use Permit 99- 01, 99-0IA2 and 99-01A3, Located at 12438 Michigan Street to May 11, 2010. 6B. An Ordinance Amending Chapter 8.112 of the Grand Terrace Municipal Code Establishing a No Fireworks Safety Zone It was indicated that Mayor Ferrd and Mayor Pro Tern Garcia own residents in the proposed Fireworks Safety Zones and believe that there may be a conflict of interest for the both of them to vote on this item. Council Minutes 04! 130-010 Page 6 Cily Attorney John HaMer, stated that to the extent that you believe you have a conflict of interest you are precluded from participating in the discussion and making a decision. The Brown Act, however, recognizes that there might be some circumstances that a number of conflicts could result in a lack of quorum and therefor when a vote is legally required, those individuals that are disqualified get to draw lots or some other reasonable way of choosing which one votes and which one is precluded. The City Clerk has two envelopes, one will be selected by Mayor Ferre and one will be given to Mayor Pro Tem Garcia. One will say you get to vote and one will say you don't get to vote. He reminded the Council that there will be 3 councilmembers voting on this item and an Ordinance requires by statute 3 affirmative votes to be effective. Mayor Ferrd received the envelope that said to vote. Joyce Powers Communijy and Economic Development Director, indicated that staff has drafted an Ordinance to establish the No Fireworks Safety Zone. If adopted, the discharge of fireworks would not be permitted: West of La Cadena Drive East of Oriole Avenue East of Whistler Street East of Dos Rios Avenue East of Preston Street Mayor Ferrd opened the Public Hearing for discussion. JOAnn Johnson, 12723 Mt. Vernon Avenue, stated that this is better than nothing. It doesn't address the pet situation but it does address the fire situation and she feels that it is very good. She has a petition available signed by several people who were totally against fireworks. Patricia Farley, 12513 Michigan Street, stated that for years they have had a huge problem with illegal fireworks going off over her property. She feels that no one is able to solve this problem and that it is very risky to the lives and property of the people in Grand Terrace. She understands the concerns of Little League but the City has a huge liability problem. The police are very limited to what they can and the Fire Department as well. The people setting off the fireworks know very well that people know for sure that they are doing it and they continue to do it frequently. By allowing safe and sane fireworks the problem is being complicated by leaps and bounds. In her view, this safety zone should be around everyone until the Council can prove to the residents that they will be protected. Josie Wold, 12657 Reed Avenue, questioned if residents will still be allowed to vote on this issue in November. She indicated that the Gage Canal was not considered. She feels that Council Minutes 04.' 13 '2010 Page 7 this area is a big threat to her home and people walk through that area all the time. She hopes that this can be resolved so that people can feel safe once again. She would like to see displays in the parks and feels that it would be a great idea. Mayor Ferri closed the public hearing and returned discussion to Council. Mayor Ferri, requested that the Sheriffs Department include Gage Canal, behind Reed as one of the locations to patrol. Councilmember Cortes, requested that the Fire Department give an explanation on how the boundaries were made up. John Salvate, Battalion Chief, San Bernardino County Fire, responded that it is a difficult process to evaluate what you would designate as a safe zone. They looked specifically at the threat for fire and where there have been fires in the past. Obviously the designated fire hazard severity zones are an easy gage that they can utilize because that is where they know there are fire hazards. Places like the Gage Canal are considered but there are many things that they have to look at. They look at fire hazard and enforcement capabilities and their r , abilities to communicate to the public areas that are easily identifiable. He stated that the Fire Department will be out patrolling along with the Sheriff s Department in all areas of the City. Councilmember Cortes, stated that she does agree that all areas should be considered in the hazardous zone boundaries. Community and Economic Develonment Director Powers, stated that with regards to the weeds in easements and the Gage Canal, the weed abatement season will be completed by the beginning of July and they can specifically look at Gage Canal to make sure that it is clear. Councilmember Walt Stanckiewitz, stated that he chose to recommend that the fireworks issue go to the voters so if fireworks are outlawed by the voters another Council can't change what they would have done. By allowing this to go to the voters of the City they will decide whether or not fireworks will be sold and discharged in the City. He questioned that given our limited resources in both police and fire will we be concentrating those resources in this fire zone and ignoring the rest of the city or will it be spread out. Battalion Chief Salvate, responded that they have a roving patrol that is done throughout the entire City. It will be handled as it has been in the past. They will be using it as a educational tool. Sat. Espinoza. San Bernardino County Sheriffs Department, responded that they too will be Council Minutes 041112010 Page 8 doing roving patrol throughout the City. They also will have hot-lines set up should anyone want to report a fire, illegal fireworks, or fireworks in the safety zone. Councilmember Cartes, requested that the hotline number be placed on the website. Councilmember Stanckiewitz, requested that hotline number be place on the community signs and billboards. CC-2010-31 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR FERRE, CARRIED 3-0-0-1 (MAYOR PRO TEM GARCIA ABSTAINED), to approve the First Reading of an Ordinance Amending Chapter 8.112 of the Grand Terrace Municipal Code Establishing a No Fireworks Safety Zone. UNFINISHED BUSINESS - None NEW BUSINESS - None CLOSED SESSION 9A. Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees 9B. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and GC54956.9 (c) Mayor Ferre announced that the Council met in Closed Session to discuss Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees and a Conference with Legal Counsel - Potential Litigation CG 54956.9 (b)(2) and GC54956.9 (c) and that there was no reportable action taken. Mayor Ferrd adjourned the meeting at 8:10 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, April 27, 2010 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR7of the City of Grand Terrace D