07/27/2010IN
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CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - JULY 27, 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 July 27,
2010 at 5:00 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 CIerk
Bernard Simon, Finance Director
Joyce Powers, Community & Economic Development Director
Richard Shields, Building & Safety Director
John Harper, City Attorney
Sgt. Carlos Espinosa, San Bernardino County Sheriffs Department
Rick McClintock, San Bernardino County Fire Department
ABSENT: None
The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed
by the Pledge of Allegiance led by Councilman Walt Stanckiewitz.
5:00 P.M. JOINT WORKSHOP CRAICITY COUNCIL - REVIEW DEVELOPER
REQUESTS FOR THE TOWN SQUARE PROJECT
Councilman Walt Stanckiewitz indicated that he would be abstaining himself from this item
as a result of a potential conflict of interest. He has a business that is within 500 feet of the
Town Square Project Development. He could suffer economic harm or experience economic
gain from the project.
Joyce Powers. Community and Economic Development Director, reported that the purpose
of this workshop is to present some new information to the Council and allow questions of
staff. She indicated that staff has received a couple of requests, one is from Jacobsen Family
Holdings and also Stater Bros. Market. Jacobsen Family Holdings has requested that through
a Development Agreement, the City extend the entitlement period and the current fees for
a period of 5 years, to give them a chance to get at least partially through the build -out of the
Town Square Project. Stater Bros is requesting a one-year extension on their plan check
without additional fees. She went over the Economic Development Incentives that would
benefit the City with the development of this Center. She indicated that the Agency's
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Redevelopment Plan specifically outlines goals and plans which she feels would be achieved
through this project. She stated that Staff recommends consideration of the project requests
due to the new property taxes, increased sales tax, job creation and retention, reuse of idle
property that alleviates blight, the expanded services for the citizens, and the positive
statement that project construction will offer.
Cynthia Bidney,12219 Pascal, stated that two days before the Planning Commission Meeting
she received the Final E€R in the mail with a receipt for signature. She feels that this is not
enough time for her to review the Final EIR. She has had no time to compare. The Planning
Commission voted on Thursday to move forward with these requests of the project and by
Friday afternoon she had a notice that the Council was meeting on this issue. That suggests
to her that the decision was already made, she may be wrong but that is what it looks like to
her. She wants to know if we are in so much debt why are we considering waiving fees. She
sees developers and contractors being able to get fees waived but not the private sector. She
suggested that instead of using an empty parking lot for the park and ride, why not move the
Stater Bros Market forward more than 35 feet off of the south wall. She would like to know
why the City is pushing this project through. We don't have any new plans, they haven't
seen any new plans, and you don't even know what they are going to build.
Sylvia Robles, 23008 Orangewood Court, indicated that she also has concerns with rushing
decisions during this economic climate. She wants anew Stater Bros. Market just as much
as anyone else, however she wants it to be something that is fiscally in the benefit of the City.
She hears a lot of talk about this energy of development. We have a Fresh and Easy and a
Walgreens that has languished. This economic issue is not something that is going to happen
in possibly five years it may be ten years. She also believes that without a Councilmember
sitting in Jim Miller's seat, the announcement that the Mayor will be stepping down that this
should not be rushed and should be held back until after the November Election so that the
true voice of the people is heard. She is concerned because she is confused. A number of
years ago Jack Brown sat here and said that he would spend his own money when he built
Stater Bros. When a private developer comes in and they create more opportunities for
revenue then they should be able to afford more employees. If you can convince us that
assembling the land is something that they can not do, then she is willing to listen to that but
she feels that they need more time.
Doug Wilson, 12168 Observation Drive, this is not an item they have looked at lightly over
a period of time. This has been a long time coming. He doesn't believe that this is being
rushed whatsoever. Bottom line is in the discussion portion of the agenda report dated July
27, 2010, the impact fees are not give backs. When you can prove a fee has been calculated
against a lower impact than the demolished facilities it is a standard practice to forgive storm
drain fees and other related fees and it is not unusual for a park fee to be waived in relation
to a commercial project. This is not a residential project. This is standard practice.
Everything that is being asked and represented by staff is correct. He has been involved with
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jurisdictions from Ventura County all the way down to San Diego and this is a standard
practice. He leaves the City to get services that he can't receive in our local Stater Brothers
Market. He feels that it is extremely important to pay attention to the time frame that is
required, he has already been very patient. They have made the commitment, despite the
economic times, that they are willing to do this. We are their only construction project this
year. This is a unique opportunity. He feels that we should exhibit a unique policy in tough
economic times, we have no risk here.
Mayor Pro Tem Lee Ann Garcia, indicated that when she saw this on the Agenda there was
a level of excitement there. She wants to reiterate that as we move forward and develop new
plots of land in the City that we ensure that we take into account what is being left blighted.
She questioned if the reuse of the existing Stater Bros. could be tied together with the new
project.
Community and Economic Development Director Powers, responded that there have been
discussions on what would be a good business to go into that center. In addition she has met
with the property owner and encouraged her to participate in the City's rehabilitation
program to dress up the center to attract a higher quality tenant.
Mayor Pro Tem Garcia, we all know that the center part of town is going to be developed.
It has always been her position that whatever the City does we want to make sure that we
take the time and process it through and that it is something that everyone concurs with. She
shared with staff that as a Council they are not as engaged as the Planning Commission has
been through this process. When she got on Council she was very excited about the projects
that she would get to be part of and see happen. There has been that excitement but nothing
has happened. It has always been her philosophy that we need to let the developer come in
and do what they need to do. She feels that the developers should pay the right amount and
if some of the fees need to be changed then Council needs to look into it. She has a difficult
time with assistance to help jump start a project. She feels that the amount of assistance is
high and she needs to have a better understanding to have a better comfort level.
Mike Slaton Senior Director of Real Estate, Stater Bros Market, they have worked a long
time on trying to get this store built. They are excited about the project. They have a
commitment in Grand Terrace. He indicated that Jack Brown did say that he would spend
his money to get this store built and it's true. When they first started working on this project
about 2 years ago they were a tenant. Jacobsen was going to develop the property and they
were going to come in and essentially they were going to pay rent and they would have about
a 4.5 million dollar investment on top of that. Things have changed and they have offered
to buy the land and now they have increased their investment into the property another 12.5
million. They are going to build the store and they are going to do the site work and they are
going to buy the land. They have a lease on the old store that goes out for a while. It is one
of the most expensive rents per square foot that they have in their company. They don't
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intend to have rent on two buildings in town. Their goal is when the new store is built they
won't be leasing any other buildings in town for a grocery store so they will have no control
or restrictions on it. It is a great intersection and feels that the landlords options are endless.
It is a great community and a great intersection, it's just a little too small for them. At one
point they thought it was going to cost them about 4 million dollars to build the new store.
Right now they are looking at 17 million dollars. There is a gray line between what the
development needs to get built and what they need. Ideally they would like Jacobsen to build
what he was going to do originally but he can't do that. Jacobsen made some assumptions
on what he thought he could get gone and the investment is to close that gap. It's an
expensive project with not other tenants in it. They are going to buy 8.5 acres and build a
store.
Mayor Pro Tern Garcia, questioned if they are going to purchase phase one.
Mr. Slaton, responded in the affirmative.
Mayor Pro Tem Garcia, questioned if they will be in control of the retail shops.
Mr. Slaton, responded in the affirmative. He stated that they own excess land. They never
do it by choice, however they do it on projects like this where they have to do it to get a store
built.
Councilmember Bea Cortes, Council has discussed this regarding prior project that they
don't want hodge podge products. She feels that this is a very good opportunity for the City.
This has been a long over due project. Like Mr. Wilson said, this is the only project that we
have in Grand Terrace. She has spoken to staff and she feels that this is the right time and
a good opportunity for everyone.
Mayor Marvetta Ferrd, stated that the City has been talking about this project for about 10
years, not just 2 years. It has been a slow process but does not think that it was ever off the
table. She indicated that she is on the Council until December. Stater Bros. is a major
regional chain. They have proven themselves, they are good neighbors and they are good
employers. This is an opportunity for the community that she feels they can not pass by. She
is willing to give staff direction to move forward on this project and bring a development
agreement at the next Council Meeting.
It was the consensus of the Council to direct staff to move forward with the Development
Agreement with the Economic Development Incentives.
Mayor Ferrd adjourned the Joint Workshop between the CRA/City Council at 5:44 p.m.
ITEMS TO DELETE - None 0
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Page 5
SPECIAL PRESENTATIONS
2A. Chamber of Commerce Business of the Month
Sally McGuire. President. Grand Terrace Area Chamber of Commerce, announced that Met
Life Financial Services is the business of the Month.
CONSENT CALENDAR
CC-2010-61 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 4-0, to approve the following Consent Calendar Items
with the removal of 3A., 3C., 3F., 3H., and 3I.:
3B. Waive Full Reading of Ordinances on Agenda
3D. Emergency Operations Committee Minutes of June 1, 2010
3E. Community Emergency Response Team (C.E.R.T.) Minutes of June 1, 2010
3G. Sixteenth Amendment to the Law Enforcement Services Contract with the
County of San Bernardino (Schedule A)
ITEMS REMOVED FROM CONSENT CALENDAR
3A. Approve Check Register No. 07-27-2010
Debra Hurst, 22950 Orangewood Court, stated that she has two questions on the check
register. She questioned what voucher no. 65527 was for and also voucher no. 65566 and
questioned how long the City was going to pay for health benefits. Employees in Grand
Terrace have taken cuts in pay yet the City is still paying for Steve Berry's health insurance.
She stated that she has not received some information that she requested about a month ago
regarding the expenses over the from 2009 through 2010.
Bernie Simon, Finance Director, responded with regards to Check # 65527 - Replacement
Benefit Fund $25,525.57 - replacement charges - T. Schwab. Invoice from CALPERS to
fund retirement benefits in excess of IRC 415 (b) for former City Manager. IRC 415 (b)
limits the amount of benefits from a defined benefit plan based on age. PERS contract does
not limit retirement benefits to IRC 415(b). A combination of retirement benefits was
funded by City, contribution, employee contribution and "Airtime" purchased, and resulted
in the amount of retirement benefits exceeding IRC 415(b), which must be separated from
the normal retirement benefit. The intent of this program is to be cost neutral to the
employer, so CALPERS uses this payment to set up a new fund for the excess benefits and
then advises the employer to take a credit on the next employer payroll PERS contribiton.
Transaction is required to maintain tax exempt status of PERS. He responded with regards
to Check #65566 -BIue Shield of California - August - Steve Berry Cobra insurance that this
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is the third time this subject has been brought up. Cobra can be offered to former employees
with the new Federal Stimulus laws to over thirty months. The procedure is for the employer
to pay for that portion of the benefit up front and then be reimbursed on a quarterly basis
through payroll tax returns. City has been reimbursed for all cobra payments through the
previous quarters.
CC-2010-62 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA,
CARRIED 4-0, to approve 3A. Check Register No. 07-27-2010.
3C. Approval of07.13-2010 Minutes
CC-2010-63 MOTION BY MAYOR FERRE, SECOND BY CONCILMEMBER CORTES,
CARRIED 3 -0-0-1 (MAYOR PRO TEM GARCIA WAS ABSTAINED), to approve
the July 13, 2010 Minutes.
3F. Crime Prevention Committee Minutes of June 14, 2010
CC-2010-64 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PTO TEM GARCIA, CARRIED 4-0, to accept the Crime Prevention Committee
Minutes of June 14, 2010.
3H. Treasurer's Report for Quarter Ending June 30, 2010
CC-2010-65 MOTION BY COUNCILMEMBER STANCKIWITZ, SECOND BY MAYOR PRO
TEM GARCIA, CARRIED 4-0, to approve the Treasurer's Report for Quarter
Ending June 30, 2010.
3I. Xerox Copier Lease
CC-2010-66 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PRO TEM GARCIA, CARRIED 4-0, to approve the Xerox Copier Lease and direct
the City Manager to execute the Contract.
PUBLIC COMMENT
Debra Hurst, 22950 Orangewood Court, questioned how much the City Attorney's advice
has cost the City and the citizen's of Grand Terrace as well as some Councilmembers. She
would like to have the new Council, once it is sworn in, to have a say in the contract for the
City Attorney. What type of legal issues are being discussed in Closed Session at all times,
why don't the residents of Grand Terrace know about these legal issues. She strongly urged
the current Council to hold off on extending the current City Attorney's contract. Has the
City obtained bids for services from other allomey's that could act as our City Attorney?
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City Attorney John Hamer, stated that it is not a contract, it is month to month with no term.
If there is a new Council they can do whatever they would like to do. There is no binding
effect on anything that happens.
Stacey West, 12438 Michigan Street, Swertfeger's Equipment, Inc., informed the Council
that there was a staff report dated February 4, 2010 that was provided to the Planning
Commission for the Meeting on February 4, 2010. On Page three it states that there were
three complaints against their company during the month of January. Based on this staff
report the Planning Commission voted to hold a public hearing on their CUP on March 4,
2010. They have requested the documentation on those three complaints. On July 19, 2010
they received a letter from Mr. Harper stating that the City does not have, in it's possession,
copies of any complaints filed with the City in January. Is this how the City is going to treat
businesses. Any unverified anonymous complaints and poof your business is in trouble. Mr.
Harper also informed her that the City has spent approximately $76,000.00 since October of
2004 in legal fees in 6 different court cases. One of these cases they were co-defendants with
the City and they spent approximately $50,000.00 in legal fees. She has proof that Patricia
Farley signed the verification to bring the suit against the City and them. This is why their
project took longer than it should. She is proud to announce that they have already met all
of their conditions and their project is finalized, however, she is tired of Patricia Farley and
Sharon Abbott bullying the City and the businesses. They are part of the reason that this City
is suffering such a huge deficit.
Bernardo Sandoval, 22950 DeBerry, stated that it would be uncommon for a City Attorney
to have a contract that could be terminated at any time without any type of early penalties.
COUNCIL REPORTS
Mayor Ferre, thanked Mayor Pro Tem Garcia for providing the City with bus service. There
was a problem that was beyond our control. Mayor Pro Tem Garcia is our representative on
Omnitrans and she immediately got together with Omnitrans. She requested that Mayor Pro
Tem Garcia give an update on what happened.
Mayor Pro Tem Garcia, reported that Riverside Transit Authority was going to stop the bus
service that goes through Grand Terrace. They started the dialog with Riverside and
Omnitrans and she is happy to say that beginning September 7, 2010, Grand Terrace
residents will have a new way to get around town. Omnitrans is introducing Omnigo your
home town shuttle. With service available 7 days a week, route 325 will serve Highgrove
Library, Grand Terrace Senior Center, City Hall, Barton Road Businesses, Loma Linda
University and VA Hospital. Route 25 will stop after September 11, 2010. They are
working on getting this out to local media. At the August 24, 2010 Council Meeting she is
hoping to have a representative from Omnitrans to come out and talk about this service. She
thanked the staff at Omnitrans on how flexible and accommodating they have been. She
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spoke to Nina Mendoza about safety and indicated that she will be doing an article giving
residents suggestions. She asked how the dog park art contest is going.
Community and Economic Development Director Powers, responded that they have about
60 entries to date. They had discussed extending it a couple of weeks. She reported that
Doug Wilson wrote a wonderful article in the GT News about volunteerism and
complimented him on that. She reported that the Friends of the Library will be having a
Paint a Flower Pot on July 29, 2010 from 5:00 to 8:00 p.m. She feels that the library has
quality programs for children and adults and encouraged residents to check them out. It is
a difficult time for individuals and groups within the City. She recently received a letter
from the Friends of the Library that they are looking for sponsors. On August 14, 2010, the
Soccer Club will be holding their opening ceremonies. Elvira Hernandez is looking for
sponsors and for gifts for the raffle. Anyone interested in helping should contact the soccer
club. The Grand Terrace Woman's Club is looking for ads for their membership roster. The
Chamber of Commerce does many wonderful programs and she encouraged everyone to get
involved and to be active.
Councilmember Cortes, reported that the commuter rail policy committee under SANBAG
talked about the new bus service that Grand Terrace will be getting. She reported that they
are going to be creating a new ad -hoc committee of 5 to fine tune this and she suggested they
get with Mayor Pro Tern Garcia.
Councilmember Stanckiewitz, requested information on the DUI check point that went on
Iast Friday evening.
Sat. Carlos Espinosa, responded that it was successful.
Councilmember Stanckiewitz, reported that former Grand Terrace City Councilmember Jim
Miller pleaded guilty to a misdemeanor charge stemming from payments he voted to approve
to his wife's weekly newspaper. Mr. Miller pleaded guilty to having a financial interest by
State or Local Official in a Government Contract. In exchange for the guilty plea prosecutors
dropped a felony conflict of interest charge, which could have included prison time. San
Bernardino County Court Judge Brian Foster sentenced Miller to two years probation but
agreed to reduce that to one year if Miller submits proof that he paid the restitution to the
City. Miller also drew a $170.00 fine. This is what we went through a year plus for $170.00
fine with penalties and fees increasing it to $305.00. Outside the courtroom defense Attorney
Jim Reiss said he has already paid the $17,812.00 in restitution. In a year Mr. Miller can ask
the Court to expunge the misdemeanor conviction. Jim wasn't convicted on a felony, which
means he can run for public office again but he has said he had no plans to do that. This
brings to a close a pretty dark time and embarrassing time to the City and it proves that it was
a bit of a witch hunt and there was really nothing to find or convict him on other than some
minor technicality and you can tell by the size of the fine and the very small probationary
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time he has spent. All of those who have been out there supporting Jim and Margie, thank
you. It appears to have paid off and maybe some people in high places realize they were just
chasing their tails but it's over with. He asked that the Council agendize that the Council
discuss either not accepting the restitution from the Miller's or returning the $17,812.00
because we got what we paid for and he feels that they have spent enough money defending
themselves in court.
It was not the consensus of the Council to agendize the discussion.
PUBLIC HEARINGS
6A. Town Square Project
Resolution Approving Tentative Parcel Map 08-01 (Tentative Parcel Map No.
17787) to Consolidate Seven Lots and Resubdivide them into Seven New Parcels
Located on the South Side of Barton Road and the East Side of Michigan Street,
Zoned BRSP-General Commercial
Resolution Adopting Environmental Findings Pursuant to the California
Environmental Quality Act, Certifying the Final Environmental Impact Report (SCH
2008071017) and Adopting a Mitigation Monitoring and Reporting Plan for the
Grand Terrace Town Square Master Development Plan
Resolution Approving Site and Architectural Review 07-12 (Grand Terrace Town
Square Master Development Plan ("TSMDP") Master Sign Program 09-01, Site and
Architectural Review 07-07 and Sign Program Plans for Development Unit I of the
TSMDP ("Project"), Located on the South Side of Barton Road Between Michigan
Street and the Cage Canal Zoned BRSP-General Commercial; and Recommending
that the City Council Approve Tentative Parcel Map 08-01 (Tentative Parcel Map
No. 17787)
Councilman Walt Stanckiewitz indicated that he would be recuseing himself from this item
as a result of a potential conflict of interest. He has a business that is within 500 feet of the
Town Square Project Development. He could suffer economic harm or experience economic
gain from the project.
Sandra Molina, Senior_ Planner, reported that the applicant proposes the development of a
neighborhood commercial center with up to 209,611 square feet of building area. The
project is located on the south side of Barton Road between Michigan Street and Gage Canal
within the General Commercial designation of the BRSP, and is comprised of approximately
21 gross acres. The Project is proposed to be developed on five Development Units that
correspond to five development phases. In addition to approval of the Town Square Master
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Development Plan and associated master planning documents, the applicant is requesting
approval of Development Unit 1/Phase 1. Subsequent development application will need to
be submitted and approved by the Planning Commission for construction of Development
Units 2 through 5, and those applications must be consistent with the provision of the BRSP
and TSMDP. She indicated that Unit 1 is comprised of 7.67 acres with Stater Bros expected
to be constructed first. The remaining buildings would be constructed as determined by the
commercial market and future tenants. Reciprocal access, parking and maintenance
agreements will be established for the commercial center. She gave an overview of the
Delivery Activities, Preliminary Landscape Plan, Building Elevations/Colors and Materials,
the Master Development Sign Program and the Environmental Review. She stated that it is
staff s recommendation to Adopt a Resolution Adopting Environmental Findings Pursuant
to the California Environmental Quality Act, Certifying the Final Environmental Impact
Report (SCH 2O08071017) and Adopting a Mitigation Monitoring and Reporting Plan for
the Grand Terrace Town Square Master Development Plan and to adopt a Resolution
Approving Site and Architectural Review 07-12 (Grand Terrace Town Square Master
Development Plan ("TSMDP") Master Sign Program 09-01, Site and Architectural Review
07-07 and Sign Program Plans for Development Unit 1 of the TSMDP ("Project"), Located
on the South Side of Barton Road Between Michigan Street and the Cage Canal Zoned
BRSP-General Commercial; and Recommending that the City Council Approve Tentative
Parcel Map 08-0I (Tentative Parcel Map No. 17787) and to adopt a Resolution Resolution
Approving Tentative Parcel Map 08-01 (Tentative Parcel Map No. 17787) to Consolidate
Seven Lots and Resubdivide them into Seven New Parcels Located on the South Side of
Barton Road and the East Side of Michigan Street, Zoned BRSP-General Commercial.
Mayor Ferrd opened the Public Hearing for discussion
Jeffrey McConnell, 21758 Walnut Avenue, stated that one of the main things that he hears
this community wants is a new Stater Bros. He knows that with major anchors other stores
will come.
Stacey West, 12438 Michigan Street, on behalf of Swertfeger's Equipment, would like
Council to know that they are in complete support of the Town Square Project approval. She
feels that it is well needed and that it would be a great asset to the community and the deficit.
Cmthia_Bidney, 12219 Pascal, referred to the south side of the Barton Road project. She
would like the Council to know that they are not against having a Stater Bros., they never
have been. They have never been against a project. She believes that a land owner should
be able to do what they want with their property. It concerns her that when she bought her
home it was and is in a residential zone. The rural character of Grand Terrace has changed
making Barton Road a major artery and as such a logical place for commercial growth.
However, City Council and Planning bodies have a fiduciary responsibility to protect interest
of all land owners and provide solutions, mitigate negative impacts of new development.
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Unless the Council proposes a more substantial solution to buffer between existing
residential and the proposed Town Center, you will have failed to do your duty. Current
plans call for a 35 foot set -back and block wall. She is proposing instead a greenbelt with
grass and trees be substituted to help maintain the residential character of the neighborhood
and to absorb the sound and carbon emissions. She is also concerned about the lighting and
feels that this greenbelt and trees can possibly mitigate any 24 hour lighting shining into
homes. She very strongly feels that it is the duty of this body to put on the formal Council
Agenda a field trip with the staff as part of your due diligence. There is no need to rush this
item through and she requested that this item be postponed for one month to allow for greater
deliberation and study. She feels without some better mitigation's such as a greenbelt her
home and those of her neighbors will lose its residential character and would be an act of
"inverse condemnation." This is a neighborhood filled with children, filled with families and
retirees. She invites the Council to come out and talk with them. They have ideas and
concerns and would like the Council to get a good feel of their neighborhood.
Mayor Pro Tern, Garcia, feels that it is very important to protect our residential neighborhood.
Everyone thinks of us as a bedroom community so we need to do that. She questioned if
staff met with the neighborhood.
Senior Planner Molina, responded that staff did not have any workshops or field discussions
with the neighborhood. They held the public hearings and scoping meetings as part of the
Environmental Impact Report preparation process.
Mayor Pro Tem Garcia, stated that in situations like this she tries to put herself in the place
of the residents and what she is hearing the residents say is they want a greenbelt as opposed
to a block wall and questioned if that is possible.
Senior Planner Molina, responded that with the Environmental Impact Report that was
prepared there was a project specific noise study done for the project. It took into
consideration the surrounding area, the neighborhood to the south and other close by uses.
The noise study determined that the project was not going to generate noise levels beyond
the City's thresholds that are established in the General Plan. She also indicated that there
will be landscaping that will mask the wall on the residential side.
Mayor Pro Tern Garcia, she realizes that the wall is there to help but she feels that the more
landscaping the better to help prevent the graffiti. She questioned what type of study is done
for lighting.
Senior Planner Molina, responded that the zoning code requires that a" lighting have shields
on them to direct lighting glare away from residential neighborhoods. The south side of the
site, the light standards will be no taller than 18 feet in height. The north side of the building
the light standards will be taller. The lighting plans will be reviewed to ensure that they meet
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the code.
Ma or Pro Tern Garcia, likes the signs.
Councilmember Cortes, stated that there is a block wall around the current Stater Bros. and
that they are commonly used for screening noise. She questioned if residents came to the
Planning Commission Meetings to voice their opinions.
Doug Wilson Planning Commission Chairman, responded that it was an open meeting and
there were several members of the community that spoke in relation to the wall condition,
screening conditions. They also addressed some lighting situations as well as the sign
lighting on the buildings.
Councilmember Cartes, questioned if staff properly respond to the public comments on the
draft.
Senior Planner Molina, responded in the affirmative.
Mayor Ferrd, stated that she has closed the public hearing, however she has received a
request to speak and asked Council if they would like to re -open the public hearing.
Mayor Ferrd re -opened the Public Hearing.
Jim Stamm, 12227 Pascal Avenue, he doesn't understand why anyone would place a Stater
Bros. store 37 feet from homes with a loading dock. He feels that they have been given a big
leeway on the delivery hours. He would like to see the project pushed up and away from the
residential area and have a green belt. He indicated that originally the wall was suppose to
be a 10 ft wall and now it is down to 6 feet. He feels that all of their questions have not been
answered.
Sylvia Robles, 23008 Orangewood Court, feels that there has been bad faith on the part of
the Council. She feels that the Council didn't look at the presentation that was visually
made. She feels that they had their minds made up before they got to the meeting. She feels
that there is some subtle bullying going on. It is a crying shame what this City has come to.
There is no meaningful disclosure or discussions and feels that they are working on prejudice
to Cynthia Bidney because of her past efforts and citizen participation. She feels that Stater
Bros. would be more than happy to provide this greenbelt. She has never in her years of
government experienced where a developer has come in and has not wanted to mitigate
factors to make themselves a good neighbor.
DeDe Sternberg,12215 Michigan Street, lives two doors from this project. She believes that
we have to move forward but the little things like signs not being too high. The house next
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to this project is an old building and would like to see it as an historical landmark.
Doug Wilson, 12168 Observation Drive, this project will be better and more suitable
condition that what we have in the existing Stater Bros configuration. There is no tall screen
wall that screens any noise. There are signs that are posted near where the deliveries are
made that prohibit excessive idling and it is up to the store owner to administrate that. If they
get any type of complaints that will be brought to the City and the City Council. There is a
87 foot space between the back of the store to the wall. They have a sound study, its been
an exhausted study and approved at the State level, its been through a State Clearinghouse
Level review and he believes that the people that did the sound study understood what they
were up against and what they needed to recommend. He believes that the sound study and
the recommendations are correct and it is the condition that we can work with.
Mayor F'errd closed the Public Hearing and returned discussion to the Council.
Mayor Pro Tem Garcia, stated that there were project specific studies that were made and one
of them was cultural. She questioned if the house that was brought up was considered in the
study.
Senior Planner Molina, responded that the study did consider two houses within the 20 acre
and neither rises to the level of significance.
Chris Del Ross -Risher, LSA Associates, 1500 Iowa, they have had the opportunity to work
with the City and Mr. Jacobsen on this project. They did a cultural resources assessment
including upon the houses with record searches and their determination was that the
residences did not appear of significance within the context of post WWII. They also did
some mitigation, there is no cultural resource impact related to the two houses and they also
did cultural resources impact study related to any archaeological or prehistoric context. The
EIR is an environmental document that takes technical studies such as an air quality study,
a noise study, a cultural resource study and takes those recommendations and mitigations and
does the analysis as to the state mandated 16 items of significance. The EIR is a summary
of those impacts and types of mitigation against potential impacts and what the response or
what the level of significance is after you apply the mitigation.
Mayor Pro Tern Garcia, stated that the City has always tried to buffer the residents as much
as possible. Is there something that we can do to further mitigate the issues or have we done
everything that we can. She would like to see staff meet with the neighbors to attempt to
further lessen the impacts of the project.
Community and -Economic De_v_elogment Director Powers, stated that Senior Planner Molina
has had multiple discussions about the treatment of the wall on the La Paix side and they
have agreed to make additional improvements to improve the aesthetics as well as the
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07:'27+2010
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landscaping would be part of the City project so staff can address that.
Mayor Pro Tern Garcia, feels that a little bit of dialog with the residents would help things
to go smoother and better for everyone.
Mayor Ferre, stated that she feels that the wall is a done deal. The landscaping on the La
Paix side is going to be vines and it will cover the wall and will be a green area. She
questioned who is maintaining the landscaping.
Community and Ecnomic Development Director Powers, responded that they are working
on that issue.
Mayor Ferrd would like a guarantee that the landscaping will be maintained and will remain
green and will grow as a buffer for the residents on La Paix.
Doug Jacobsen, the covenants, conditions and restrictions against the property provide that
the developer or the property owner has to maintain the property to a certain standard. IF
they don't the City has the right to intervene and do the maintenance and bill back the
property owner.
CC-2010-67 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FEI RE,
CARRIED 3-0-0-1 (COUNCILMEMBER STANCKIEWITZ ABSTAINED), to
approve a Resolution Adopting Environmental Findings Pursuant to the California
Environmental Quality Act, Certifying the Final Environmental Impact Report (SCH
2008071017) and Adopting a Mitigation Monitoring and Reporting Plan for the
Grand Terrace Town Square Master Development Plan.
CC-2010-68 MOTION BY MAYOR FERRE, SECOND BY COUNCILMEMBER CORTES,
CARRIED 3-0-0-1 (COUNCILMEMBER STANCKIEWITZ ABSTAINED), to
approve a Resolution Approving Site and Architectural Review 07-12 (Grand
Terrace Town Square Master Development Plan ("TSMDP") Master Sign Program
09-01, Site and Architectural Review 07-07 and Sign Program Plans for
Development Unit 1 of the TSMDP ("Project"), Located on the South Side of Barton
Road Between Michigan Street and the Cage Canal Zoned BRSP-General
Commercial; and Recommending that the City Council Approve Tentative Parcel
Map 08-01 (Tentative Parcel Map No. 17787)
CC-2010-69 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 3-0-0-1 (COUNCILMEMBER STANCKIEWITZ
ABSTAINED), to approve Resolution Approving Tentative Parcel Map 08-01
(Tentative Parcel Map No. 17787) to Consolidate Seven Lots and Resubdivide them
into Seven New Parcels Located on the South Side of Barton Road and the East Side
I
0
0
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of Michigan Street, Zoned BRSP-General Commercial with acaveat of Staff meeting
with the residents.
UNFINISHED BUSINESS - None
NEW BUSINESS
8A. Hearing for Special Assessment and Lien for Nuisance Abatement at 12559
Michigan Street
CC-2010-70 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PRO TEM GARCIA, CARRIED 4-0, to approve the Record of Costs of Abatement
at 12559 Michigan Street in the amount of $10,113.60 and adopt a resolution
confirming abatement costs and authorizing special assessment and property lien on
12559 Michigan Street.
CLOSED SESSION
9A. City Attorney Contract GC54957 (b) 1
9B. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and
GC54956.9 (c)
Mayor Ferrd announced that the Council met in Closed Session to discuss a City Attorney
Contract CG54957 (b) 1 and to have a conference with Legal Counsel regarding Potential
Litigation, CG 54956.9 (b)(2) and GC54956.9 (c) and there was no reportable action taken.
Mayor Ferrd adjourned the meeting at 8:30 p.m., until the next City Council Meeting which is
scheduled to be held on Tuesday, August 10, 2010 at 6:00 p.m.
MAYOR the City of Grand Terrace
CITY CLERK of the City of Grand Terrace