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09/28/2010V CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 28, 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 September 28, 2010 at 6:00 p.m. PRESENT: Maryetta Ferrel, 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. Carlos Espinoza, 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. ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2B. Certificates of Recognition - Sheriffs Department Mayor Ferrel indicated that the Council is very appreciative of the Sheriff s Department and the hard work especially some that has been done recently to help keep Grand Terrace's reputation as being a safe place to live. She read a Commendation for Detective Bryan Wellot commending him for his outstanding service to the Community of Grand Terrace. Mayor Ferrd read a Commendation commending the following Detectives for all of their outstanding service to the Community of Grand Terrace and presented them with their certificates: Council Minutes 09/28/2010 Page 2 Detective Doris Stuart Detective Mario Juarez Detective Bryan Wellot Detective Audo Moreno Detective Brad Shaver Deputy Mike Walker 2C. Proclamation - Fire Prevention Month - October 3-9, 2010 Mayor Pro Tern Garcia read a Proclamation proclaiming October 3 - 9, 2010 as Fire Prevention Week in the City of Grand Terrace and urge all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2010, and to support the many activities and efforts of Grand Terrace Fire and Emergency Services and presented it to Battalion Chief Rick McClintock. CONSENT CALENDAR CC-2010-80 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to approve the following Consent Calendar Items with the removal of item 3A., 3D., and 3E., 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 09-14-2010 Minutes 3F. Reject Liability Claim GTLC-10-03 (Martin) 3G. Historical and Cultural Activities Committee Minutes of 07-12-2010 3H. Crime Prevention Committee Minutes of 08-09-2010 3I. Community Emergency Response Team (C.E.R.T.) Minutes of 08-03-2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated 09-28-2010 Debra Hurst, 22950 Orangewood Court, requested an explanation on the following voucher numbers: #65813 - Health Insurance for Steve Berry and would like proof that the City is getting their money back. #65830 - Grand Terrace Area Chamber of Commerce and questioned what type of professional services do they give the City of Grand Terrace. #65834 - Harper & Burns LLPN and questioned what type of services were provided for that type of expenses. She stated that there were over $200,000.00 in fees that were charged to the City of Grand Terrace and is wondering how much of that was caused. #65841 - Life insurance for H. Grant and questioned why the City is paying for life insurance for Mr. Grant. 3 D. Five -Year Capital Project Needs Analysis and Capital Improvement Program Council Minutes 09-18 2010 Page 3 Doug Wilson, 12168 Observation Drive, he would like to applaud the service the Director of Building and Safety and Public Works, Mr. Shields continues to provide to the City. This is not the first time that Mr. Shields has been on top of an item of tremendous benefit to this City. Recently, although on different scale, he also coordinated 911 flag retirement ceremony with the Lion's Club and the local Boy Scout Troop. Despite some recent injuries and recuperation, he has continued to perform in the capacity that few have the technical knowledge and certifications to accomplish and thanked him. Item 3D. is an opportunity to participate as a party to an already approved project and funded program known as Measure I. As Councilwoman Cortes knows being the Vice-president, Measure I is the November 2004 SANBAG half of a percent tax for regional circulation needs. As this body may or may not be aware, he interviewed a couple of weeks ago to be a part of the SANBAG Measure I Oversight Committee and so he is intimately familiar with its workings. By providing this five-year capital project needs and analysis and development mitigation annual report by September 30, 2010 Grand Terrace can qualify for nearly $450,000.00 towards widening Michigan Avenue from Commerce to Van Buren. The City is obligated to provide $301,000.00 incident to receiving the $450,000.00 from SANBAG. The allotment from SANBAG will be scaled back in accordance with the amount of development impact fee revenue generated at City level. More importantly, we will be in the pipeline for the funds. (� As the Chairman of your Planning Commission, he encourages the City Council to approve I this Resolution. 3E. Notice of Completion - Street Rehabilitation Project (Roquet Paving, Inc.) CC-2010-81 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve the following Consent Calendar Items that were removed: 3A. Check Register Dated 09-28-2010 3 D. Five -Year Capital Project Needs Analysis and Capital Improvement Program 3E. Notice of Completion - Street Rehabilitation Project (Roquet Paving, Inc.) PUBLIC COMMENT Darcy McNaboe, 11846 Preston Street, stated that this is a disclosure and clarification for the record. Yesterday, September 27, 2010, I received copy of a complaint that was filed with the Fair Political Practices Commission alleging a conflict of interest in my campaign for City Council. At this time the Fair Political Practices Commission has not made a determination of action with respect to this complaint and they have not requested any information or clarification from me. My purpose today is to inform the record on one specific issue in the complaint and that is that I frequently contracted with the City of Grand Terrace to write and publish articles for the Blue Mountain Outlook. This allegation is false. The truth is that my company Village Enterprises did contract with the City of Grand Terrace Council Minutes 09/28/2010 Page 4 to do projects on a as needed basis. Projects performed did not include article writing or publishing for the Blue Mountain Outlook. Village Enterprises an LLC maintained a business license the entire time work was performed. Village Enterprises continues to maintain a business license with the City of Grand Terrace although no work for the City is currently being performed nor expected. The contract price negotiated, as a special rate for the City, was a 60% discount from the company's standard rates. Further, during the time that work was performed for the City, I was not acting in the capacity of Board Member for the Grand Terrace Area Chamber of Commerce, a position for which I receive no compensation. There are other complaints with respect to the Chamber of Commerce and the Blue Mountain Outlook in this complaint and I will defer those to the Chamber Board for a response, if they deem necessary. I am willing to meet and discuss concerns that anyone has about this matter but this is my statement for this forum. At this time I will give my political opponent the benefit of the doubt that this complaint was not filed for an attempted political gain. Thank you for your time. Charles Hornsby, 22656 Brentwood Street, stated that there has been a lot of talk the last few years about the demise of the middle class. It's a lot more than just talk. It's happening. You see it all around and you don't have to look very far in Grand Terrace to realize that we're pretty much a middle class town. There is a few rich people but basically this is about as good as example as middle class America as you can find. Then when you do the math we're a town of about 12,000 people I guess, we'll find out with the census. A couple of weeks ago three people in town, Lee Ann Garcia, Mayor Ferre and Bea Cortes, acting for the City, took $100.00 from every citizen in town and gave it to Stater Bros. He feels that there may have been a lot of reasons to do it but it was wrong. The reasons to do it were contrived. Jack Brown and Stater Bros. could have easily afforded all of the expenses of the store but why should he when he can get the City to pay for part of it. He stated that they have been good neighbors but not in this particular case, mainly for the reason that they took advantage of the Council and their weakened position. They know the City is desperate to keep business in town, they know you'll do just about anything and they took advantage of that. He feels like it is a little bit like a spoiled teenager threatened to take his ball and go home. They were going to build that store anyway, that's where they make their money. They build grocery stores and they sell groceries. The middle class is disappearing, because they took $100.00 from every man woman and child in this town and gave it to a rich corporation who doesn't need it. He stated that Mr. Hilkey makes some good points. The Redevelopment Department has brought a lot of good to town but they have also brought tremendous debt, a great deal of corruption and what many people think of as a puppet City Council. COUNCIL REPORTS Mayor Pro Tern Garcia, stated that over time she has come to enjoy Mr. Hornsby's comments. She stated that being a Councilmember is very challenging and it's hard. She feels that one of the hardest thing is when there is a split in the community. It is so nice Council Minutes 09/2"010 Page 5 when everyone comes in and everyone is in the same direction. She feels that if it went to a vote of the people, they would have voted for the Stater Bros. Markets agreement. She feels that she is here to do the will of the people. She encouraged everyone to check out the Burrtec News. We have been talking about being a green community and they do a lot of extra stuff. She had the opportunity to go to the Blue Mountain Villas on September 16, 2010 to discuss fire prevention at their community. She encouraged everyone to ensure that their smoke alarms are working properly. She requested an update on a project that will be happening in town on October 4, 2010 and the detours that will be available. Director of Building and Safety/Public Works, Richard Shields, responded that the construction of Grand Terrace Road will begin the week of October 4, 2010. It will startat Barton Road and continue to Vivienda Avenue, at which time the paving will be removed and new paving will be placed. Staff is looking at a 60 day contract with Palm Canyon Contractors but he feels that the project will take less than 60 days. Mayor Pro Tem Garcia, reminded the community that the Halloween Haunt will be held on October 31, 2010 and the Country Fair will be held on November 6, 2010. Councilmember Walt Stanckiewitz, commended Director of Building and Safety/Public Works Director Shields for the pavement job from the bridge to Grand Terrace Road on Barton Road. He reminded everyone that the pay -roll audit report that was released by the Council at the last Council Meeting is available in an electronic version if you contact the City Clerk's Department. PUBLIC HEARINGS 6A. An Ordinance of the City Council of the City of Grand Terrace, County of San Bernardino, State of California Repealing Chapter 17.04 (School Facilities Dedication and Fee) of Title 17 and Establishing the Subdivision Ordinance of the City of Grand Terrace Consisting of Title 17, Chapter 17.04 Through Chapter 17.64 Senior Planner Sandra Molina, gave an overview of the types of subdivisions and the types of applications that are handled by the City. She indicated that the draft Ordinance has been reviewed by City Staff, the City Attorney, San Bernardino County Fire and the County Surveyor. The proposed Subdivision Ordinance was reviewed by the Planning Commission at two public workshops held on August 5 and September 2, 2010. On September 2, 2010, the Planning Commission directed staff to forward the proposed Ordinance to the City Council for adoption. She indicated that the proposed Subdivision Ordinance is a comprehensive ordinance that outlines the procedures for processing tentative tract maps, tentative parcel maps, final maps, improvement agreements, lot line adjustments, lot mergers, reversions to acreage, and modifications to tentative maps. She went through the different Chapters and the changes that are being proposed. Council Minutes 09/28!2010 Page 6 Mayor Fend opened the Public Hearing for discussion, there being none, she closed the Public Hearing and returned the discussion to the Council. Mayor Pro Tem Garcia, requested that Staff indicate the changes that are here from before, what percentage are subjective versus required bylaw. She understands that laws change and the importance of being legal. If there is something legally that we are required to do then she understands that, but when it is just some ones preference to do it a different way she has an issue with that. City Attorney John _HaMer, as a practical matter, virtually all of this ordinance is statutory. What the City has done to this point is essentially used the statute in lieu of having a subdivision ordinance. The types of things that a subdivision ordinance can address that the statute doesn't are things like the Planning Commission hears tentative maps rather than the City Council. In terms of the rules concerning how you go about subdividing property, what you are obligated to do with tentative maps, final maps, and improvement security is all statutory. Ma or Pro Tem Garcia, responded that she understands all of that, however, she was not told about the authority level being at the Planning Commission level as opposed to the City Council level change until this evening. City Attorney HgWer, stated that ultimately the final authority is always at the City Council level. Ma or Pro Lem Garcia, stated that if they never see things then as a Council they would not know what is going on. She feels that Grand Terrace is a small City and that there is no reason why the City Council can't be involved. She feels that this is a major change. Senior Planner Molina, responded that this is a significant change, which is why it was identified in the staff report and why she identified it in her presentation this evening. The Map Act does give the City Council the ability to give this authority to the Planning Commission, it's not a mandate that they have to. Ma or Pro Tem Garcia, confirmed that staff is recommending it. Senior Planner Molina, responded in the affirmative. Mayor Pro Tem Garcia, questioned what staff s thought process on why final decisions should be at the Planning Commission as opposed to the City Council. Senior Planner M_ olina, responded that the thought process was in that looking at different ordinances from different various cities, most of them, in fact all of the ordinances she Council Minutes 09i28/2010 Page 7 looked at, gave that authority to the Planning Commission. Mayor Pro Tern Garcia, questioned if they were large or small cities. Senior Planner Molina, responded that she looked at Redlands, Loma Linda, and Ontario. She stated that the County Subdivision Ordinance gave the authority to the Director. Mayor Pro Tem Garcia, stated that she could see that in a large City, however Grand Terrace is small. She was on the Planning Commission for two years and then she came to the Council. She stated that she cares about the community and she wants to know every development that is coming on every little piece of parcel. She stated that Grand Terrace has a great PIanning Commission and this is nothing to say that they don't do a great job however, the difference is as a Councilperson they have to be elected so they have to look at every resident in the face and be able to say this is why we voted this way. The Planning Commission is a little bit the same but it's not the same as having to go through an election process. Councilmember Bea Cortes, questioned what was the opinion or suggestion from the Planning Commissioners regarding them taking over the decision making even though the Council has the final authority. Senior Planner Molilna. responded that they did have that discussion, one of the Commissioner is an Engineer and another one is in the development industry so this wasn't something that was unfamiliar to them. They also understood that the main reason for the change was to be able to give a person that is dissatisfied with the action an extra step of appealing it to the City Council if it's a problematic project. She stated that she is unsure what appeal process they would have if the Council has the final approval authority. City Attorney Harper, responded that if the City Council is the final determining body then there is no appeal. Senior Planner Molina, stated that this was the main reason for adding this step, so that there would be an appeal process. Councilmember Cortes, confirmed that the entire Planning Commission was in favor of this change. Senior Planner Molina. responded in the affirmative. Councilmember Walt Stanckiewitzreferred to the ordinance and indicated that five of the actions listed in the table show the Planning Commission being the appeal body and questioned if they would have the opportunity to take it to the City Council if they were not Council Minutes 09/28I2010 Page 8 ok with the decision of the Planning Commission. Senior Planner Molina, responded that they would. She indicated that when it is a staff level type of approval then the next step of appeal would be the Planning Commission, however, if you look at Item C under the same table it states that the City Council shall be the final appeal body on all appeals. City Attorney Hamer, stated that everything can be appealed to the City Council. They get the final decision on everything. Mayor Pro Tern Garcia, stated that there are fees involved in appeals. City Attorney Harper, stated that if there is a controversial matter before the Planning Commission that they get advice from a City Councilmember. Councilmember Stanckiewitz, referred to Section 17.24, Common Interest Development Conversions. He indicated that he has questioned how many properties this would directly affect and reported that it was his understanding that the Highlands at 556 units and the Crest Apartments at 228 units would be the only two properties that would have a difficult time converting to condos because of the 74 limit. City Attorney Hamer, stated that he feels this is not quite accurate in that if someone converted 73 in the year, the next one up is 74. The limit is 74, if the 74 is exhausted, if someone wants to come in and wants to convert 4 units they would have to wait. Councilmember Stanckiewitz, stated that he is talking in terms of an entire property coming forward and wanting to convert. We are saying that the Highlands and the Crest Apartments will never be able to convert. Senior Planner Molina, responded that we are not saying that they would never be able to convert. What we are proposing is to provide a process that anything in excess of the 74 within a calendar year could do so but they have to demonstrate how they can make up the difference in the rental housing stock that they are converting. Councilmember Stanckiewitz, stated that it was noted that this Section is not required by the Subdivision Map Act and clarified that this is something that staff is asking to include that isn't required. He feels that this is a moral issue that he is not sure government should be telling private property owners what they can or can not do with their property and it appears that we're putting that limit on those two properties in particular. Community and Economic Development Director Joyce Powers, indicated that this would apply if of course the units are converting to low to moderate income families. They have Council Minutes 09/29.2010 Page 9 the option of waiting a calendar year to complete the project. Staff s intention was to bring them into a process where we could work to preserve the City's supply of low to moderate income housing per our requirements of the housing element and the State. There are many options available, as you know, there is a low to moderate income housing fund, which we could discuss with the Council to use some of the funds to keep those units affordable. There are several options available. Staffs intent with this was if that amount was exceeded that they be brought into a process were staff could work with them to preserve that supply. Councilmember Stanckiewitz, stated that it won't necessarily prevent them. The City is not going to prevent them from making a business decision that they want to make because it impacts the public or this towns low income housing numbers. Community and Economic Development Director Powers, responded that the other thing that you would want to look at before you make an absolute statement is if the conversion, once the units are sold, there are still affordable to low to moderate income families. It wouldn't necessarily incur other requirements. Staff would check to make sure first and foremost if the units are still affordable. If they are not, the Agency could be interested in participating so that some of those units are available to the same families that are renting. She indicated that this change is optional and it is up to the Council whether they want to keep this section in the ordinance. Councilmember Stanckiewitz, questioned how long the County Subdivision Ordinance been expired. Community and Economic Development_ Director Powers, responded that the County Ordinance is not expired, she feels that he may be referring to the City's adoption of the County's ordinance and that would have been good for one year after incorporation. Since that time the City has been operating under the Subdivision Map Act. Councilmember Stanckiewitz, stated that the City has not had their own for 30 plus years. City Attorney Harper, clarified that the City followed the State Statute. Looking at this ordinance was driven by the Town Square Project. Questions were raised that were answerable but more easily answerable if we had our own ordinance. Councilmember Stanckiewitz, he indicated that he would like to see incorporated in this as either a procedure or formal approval document which reflects all the actions related to the project so that when the questions come up we can go to one place and find when, where, how and who. It would be a living document and it would exist for every change that's ever made that goes on with that particular project so that we get away from this accusations of hand shakes. If it isn't in writing and there aren't signatures at the proper levels then it doesn't constitute a legal change. He would like to make sure that gets included within this Council Minutes 09/28/2010 Page 10 and written procedures for the ordinance for each area covered with forms and signatures requirements spelled out so there is no doubt how it operates. Community and Economic Development Director Powers, responded that as you can tell the ordinance does provide a very good step by step process for developers and for staff to follow. They intend to create an actual department to department check list and list the individual agencies and some place to initial that that department or agency has reviewed and approved. Councilmember Cortes, questioned if any of the complexes have come to staff and ask to be converted. Senior Planner Molina, responded that in the short time that she has been with the City, she is not aware of any. Just knowing the community and that conversions don't happen in this area very often. She feels that it is unlikely that there has been one in the past, however, it is easily reviewable by going through the records. Councilmember Cortes, doesn't recall this ever happening. She understands that the 5% is on first come first serve basis and of course staff would make sure that the people that are living in there can afford to stay there, once it was converted from an apartment to a condo. Senior Planner Molina, stated that the Community and Economic Development Director indicated that also a possible option for any subdivider that wants to convert over that 5% for that year, there are different options that can be looked at and one would be to see if there is a mechanism to have some of those existing occupants remain. City Attorney Harper, stated that otherwise there are not requirement in this nor the State Law that the price point would be such that the existing resident could stay and that they have to be offered the unit but there is no obligation unless they say that they want the unit. One of the things which stands in the way of condo conversions is there are generally substantial upgrades if an apartment can't simply be a condo tomorrow. Lots of changes physically and structurally would need to happen, which generally means they are priced out of low to moderate and extremely low income. There are ways that the City can assist in doing that but there is no legal obligation that the resident be allowed to remain in the unit without regard to price. Mayor Pro Tem Garcia, stated that she would like further analysis when we are going to make a change, basically this is something that we have done for 30 years and we are talking about changing it. She would like to see an analysis of what the State has, which we have been following for the last 31 years, what their recommendations are and the potential impacts in the City. She has been around too long to recognize that some times there is this little law and you think it's not going to have any major impacts but then you find out that Council Minutes 09/28l2010 Page 11 because the economy is changing and other things that it is going to have an impact. She feels that this needs further study and further analysis. She feels that she has been misled. She will be voting no unless it can be taken back for further analysis. Councilmember Cortes, stated that she doesn't feel that she was misled. She went over the report with staff and Senior Planner Molina did indicate on page 2 that the procedural change was being proposed. She has a problem with changing over right now. Even though Council did received this packet a few days ago and was able to study it and meet with staff she is not comfortable with making the changes right now. Community and Economic Development Director Powers, responded that the two items that she hears Council has concerns with is deferring some of the approving authority to the Planning Commission. Staff is presenting to the Council the Planning Commission's recommendations. If the Council chooses not to do that Staff can incorporate Council's comments and require it to come to the City Council. The second item that it sounds like Council has concerns with is Chapter 17.24.060 regarding the conversion affect on the housing supply. Staff does need to include the process for conversion of the units, however the paragraph 060 that covers its affect on the City's supply of affordable can be excluded, if that is the desire of the Council. Just the process would be included so that if a person were to come in to convert them, we do have an established process within the Ordinance. Councilmember Stanckiewitz, indicated that he would like to eliminate section 17.24.060 and also feels that there needs to be further discussion on the approval body and appeal body. Mayor Pro Tern Garcia, concurs with Councilmember Stanckiewitz and she does not feel comfortable with the staff recommendation. She would like the final decision to be with the Council. CC-2010-82 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0, to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace, County of San Bernardino, State of California Repealing Chapter 17.04 (School Facilities Dedication and Fee) of Title 17 and Establishing the Subdivision Ordinance of the City of Grand Terrace Consisting of Title 17, Chapter 17.04 Through Chapter 17.64 with the following amendments: Section 17.04.050 Review, approval and appeal body table should read as follows: TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Tentative Maps Planning Commission City Council n/a Council Minutes 09/28/2010 Page 12 TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Vesting tentative Planning City Council n/a maps Commission Tentative parcel Planning City Council n/a maps Commission Tentative map City staff & other Director Planning extensions responsible agencies Commission Parcel maps (4 or City staff & other City Council n/a less lots) responsible agencies Final maps (5 or City staff & other City Council n/a more lots) responsible agencies Waivers of parcel City staff & other City Engineer Planning maps responsible agencies Commission Reversion to acreage Planning City Council n/a Commission Lot and parcel City staff & other Director Planning mergers responsible agencies Commission Lot line adjustments City staff & other Director Planning responsible agencies Commission Certificate of City staff & other City Engineer Planning Compliance responsible agencies Commission and to eliminate Section 17.24.060 of Chapter 17.24 Common Interest Development Conversion. UNFINISHED BUSINESS - None NEW BUSINESS - None CLOSED SESSION - None Mayor Ferrd adjourned the meeting at 7:20 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, October 12, 2010 at 6:00 p.m. Council Minutes 09,'28 2010 Page 13 CITY CLERK of the City of Grand Terrace MAYO f the City of Grand Terrace