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11/09/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - NOVEMBER 9, 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 November 9, 2010 at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Lee Ann Garcia, Mayor Pro Tern 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 ABSENT: Bea Cortes, Councilmember Rick McClintock, San Bernardino Coun Fire Department The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by CouncilMayor Pro Tern Lee Ann Garcia. Mayor Ferrd announced that Councilmember Bea Cortes will not be at the meeting because she is having surgery. She wished her a speedy recovery and indicated that she will be at the December 14, 2010 Council Meeting if she has made good progress by then. Mayor Ferrd also announced that JoAnn Carlstrom passed away early this morning. JoAnn was a very vital member of the community of Grand Terrace. Our thoughts are with Gene Carlstrom and his family. ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Chamber of Commerce Business of the Month Sally McGuire President Grand Terrace Area Chamber of jLommerce, announced that Subway is the business of the Month for the month of October. She reminded everyone that the monthly Chamber of Commerce luncheon will be held on the third Tuesday of the month. She also reported that Market night will be on the first Monday of December and it will be the last market night until Spring. Council Minutes 11109/2010 Page 2 2B. Introduction of Blue Mountain Villas Community Manager - Ms. Shaddox City Manager Betsy Adams, introduced the new Manager for the Blue Mountain Villas, C.J. Shaddox. C.J. Shaddox, Manager of the Blue Mountain Senior Villas, explained what the Villas have to offer and is happy to be a part of serving the seniors of Grand Terrace. 2C. Grand Terrace Recycling Award Matt Wirz. Management Analyst, stated that this is the first year for the Grand Terrace Residential Recycling Challenge. The program started as an innovative way to entice residents to recycle. Recycling helps our environment by reducing energy related air pollution and diverts unnecessary waste away from the landfills. Jimmy Tatosian, Burrtec, reported that they are very proud to present this award to Bill and Gail Woodson and presented them with a certificate and one year of free residential collection service from Burrtec. 2D. Foundation of Grand Terrace Presentation of a Check to Citizen Patrol Darcy McNaboe, Foundation of Grand Terrace, gave an overview of the Foundation of Grand Terrace. She presented a check in the amount of $1,500.00 to the Grand Terrace Citizen's Patrol to defray the cost of uniforms for upcoming community graduates. She also announced that as part of their focus on Youth Development they have begun to bring together a group of community members to discuss and determine needed youth programs beyond those that are currently offered. She encouraged anyone that is interested in participating to contact her. CONSENT CALENDAR CC-2010-88 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the following Consent Calendar Items with the removal of item 3A.: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-12-2010 Minutes 3D. Resolution Amending Interf ind Loan from Facilities Fund (19) to Traffic Safety Fund ( 17) for Payment of $72,203.75 to Redflex Traffic Systems, Inc. 3E. Award Contract for Design Services - Disabled Access Barrier Removal at City Hall (Willdan Engineering) Council Minutes 11 /09/20 l0 Page 3 3F. National Pollutant Discharge Elimination System, (NPDES) Stormwater Permit Implementation Agreement, Santa Ana Region NPDES No. CAS618036, Order No. R8-2010-0036 3G. Award Contract for Baseball Field Construction (Rock Bottom, Inc.)/Approve Right of Entry with the Colton Joint Unified School District/Resolution Adopting Certain Findings Regarding the Construction and Installation of Public Improvements, Which are of Benefit to the Grand Terrace Community Redevelopment Project Area 3H. Continuing Appropriations FY 2010-2011 31. Award Contract for the Grand Terrace Senior Center Commercial Kitchen Remodel (DJD Group Inc.) 3J. Historical & Cultural Activities Committee Minutes of 10-04-2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated I 1-09-2010 Debra Hurst, 22950 Orangewood Court, requested an explanation of services for the following voucher numbers: #65998 - Billing for Fringe Benefit Research in the amount of $1,843.50, #66006 - Phillips Software Support in the amount of $105.00 and #65936 - Arrowhead Credit Union for September and October Visa Charges. CC-2010-89 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve Check Register Dated November 9, 2010. PUBLIC COMMENT - None COUNCIL REPORTS Mayor Maaetta Ferrd, requested that the City Attorney make a brief statement regarding the FPPC's opinion pertaining to the City Contract with the Chamber of Commerce and the Blue Mountain Outlook. City Attorney John Harper, reported that he asked the FPPC to review the agreement between the Chamber of Commerce and the City to determine whether or not there was any potential for mass mailing violations. The conclusion was as follows: No, a mailing sent by the Chamber is not "sent at public expense" for purposes of section 89001, mearly because the Chamber receives some public monies from the Agency unless the Agency expressly funds the production and distribution of the mailing sent by the Chamber. Mayor Ferrd, reported that the City and the Foundation of Grand Terrace announced on June Council Minutes 11 /09/2010 Page 4 14, 2010 the start of a First Annual Children's Art Contest. This years theme was "Happy Dogs Love Grand Terrace". The submittal deadline was August 20, 2010. The majority of the artwork that was received was from the Grand Terrace Child Care Center, there were a total of 55 pieces of artwork submitted. The money was generously donated for the printing of the calendars and all 55 pieces of artwork are featured in the calendar. The calendars are $10.00 each and can be purchased at the Community Development Counter, Grand Terrace Branch Library and the Grand Terrace Child Care Center. 100% of the proceeds will go towards the purchase of a dog water fountain. Mayor Pro Tern Garcia, reported that the Halloween Haunt was a nice event. She thanked all the individuals that made this even happen. The weekend following the Halloween Haunt, the Country Fair, hosted by the Grand Terrace Historical and Cultural Activities Committee, was held and was nice as well. She thanked the Woman's Club for putting together a member directory. She is looking forward to hearing more about the Youth Development that the Foundation is doing. She requested that the schools do their quarterly reports to the City Council so that they can hear what is going on. She wished everyone a Happy Thanksgiving. Councilmember Walt Stanckiewitz, reported that trash pick-up days are changing and indicated that the schedule and map is available on the City website. He requested that the meeting be adjourned in memory of JoAnn Carlstrom. PUBLIC HEARINGS 6A. Development Agreement - Jacobsen - An Ordinance Adopting Development Agreement 09-01 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan Councilmember Walt Stanckiewitz made the following announcement relative to this item: We have been spending a lot of time with the Fair Political Practices Commission, trying to get readings on a lot of things. John Harper, our City Attorney on my behalf, submitted a written request for a determination on whether I had a conflict of Interest with my business as it related to the Town Square Project. We have gotten written confirmation from the FPPC that I do not have a conflict of Interest and therefore I may participate in any future dealings with the Town Square Project so I'm not excusing myself and stepping out this evening. The letter from the FPPC is on file in the City Clerk's Department. Communi1y and Economic Develo ment Director Jo)Kt Powers, gave an overview on the proposed Development Agreement for the Grand Terrace Town Square Project between the City of Grand Terrace, Dennis D. Jacobsen Family Holdings and Stater Bros. Markets. Council Minutes 11i0912010 Page 5 Mayor Ferre opened the Public Hearing for discussion. Doug Wilson, 12168 Observation Drive, indicated that he is the Planning Commission Chairman. He did not recommend this Development Agreement to the Council for approval and neither did Vice -Chairman Addington. He felt that the Development Agreement may be premature, that does not mean that it is premature. Ordinarily they see a much more detailed document. They had a discussion about that during the Planning Commission Meeting. The Development Agreement as it stands, the Developer receives protections regarding entitlements, fees, moratoriums, assignment, impositions and guarantees of approvals and in return the City is a little bit short on development standards and performance standards and specific conditions of approval, which he is concerned about. They were not able to recommend it for approval and would suggest that the City Council look closely at these items, make sure that there are performance standards. Mayor Ferrd closed the Public Hearing and returned discussion to the Council. Councilmember Stanckiewitz, stated that after going through this packet he came to the same conclusion that Mr. Wilson just expressed. He would like to see if a caviat could be added that they approve the agreement with the condition that the economic incentives that are tied to the development agreement would expire if the grocery store isn't built in five years. Meaning the 1.2 million dollars that the Redevelopment Agency put up, if the store is not built in five years that 1.2 million is off the table. He would like to see if we can remove from the DDA parcels 1167-31 I -01 and 1167-231-01, which are City owned, so those could be available for public use given the alternatives that were presented to the Council during the Barton Road Specific Plan update so that those would go towards public use instead of a commercial development. Mayor Pro Tem Garcia, she feels that any type of agreements that Council moves forward they need to be very clear on the specifics. She stated that the Council does not get to see the reports until the Wednesday prior to the meeting. She has asked the City Manager and Staff to consider more workshops and opportunities to meet with the residents to let them know what is coming down to get that front-end input and dialog going with the residents. She does not want in anyway to harm the relationship the City has established with Jacobsen and with Stater Brothers. She stated that in a month there will be two new Councilmembers and she is looking forward to working positively with whoever is sitting up here at the dias and unless staff can explain to her a reason why this has to go tonight she would like to have further analysis and to continue this to the next meeting. Mayor Ferrel, responded that this has not been an urgent thing. She has followed this project for 8 years and has read volumes of material as have the rest of the Council. She understands the ramifications of this project and the importance of it to the community. This is not a rushed thing, it has been going on a very long time and doesn't feel the need to postpone it Council Minutes 11109/2010 Page 6 and would be disappointed if she didn't have an opportunity to vote because she is prepared to vote on this project that she has researched for nearly 8 years. We have worked toward this, if Council has some changes that they want to make then it should be discussed but would like to move forward. Councilmember Stanckiewitz, concurred with Mayor Ferrd. City Attorney Harper, stated that this is an Ordinance and it requires three affirmative votes. The development agreement, as a practical matter only solidifies the approvals that have already been given to the project. There is nothing new in it outside of some of the fee credits which are essentially statutory that affect the project. Council has already approved all of the underlying pieces. This simply says that those underlying aren't going to change for some specified period of time. Councilmember Stanckiewitz, stated that there is a second reading and the new Council will have to approve the second reading. Mayor Pro Tern Garcia, stated that she would like to see where the control is in the Agreement. Councilmember Stanckiewitzstated that it is his job to sell this City to businesses so that they will come to Grand Terrace. His next job, when they decide to come, is to try and make their move into this City or occupation of a building or building of a building as few hurdles as possible to welcome them in. It is our job to make this city attractive. He feels that in the 8 years that the Mayor has been working with Stater Bros. we have tried to make it as attractive as possible. They have committed to us with this store and he feels that they have committed even beyond that, that they are taking the risk that not only are we going to build the store we are going to take the responsibility to bring in tenants into other pads. They don't succeed if they don't bring tenants. Mayor Pro Tern Garcia, questioned where that is stated in the development agreement. Councilmembetr Stanckiewitz, responded that it is in the Master Development Agreement. The pads are shown on Development Unit 1. It is their responsibility to fill those pads and they have an economic incentive to do that. They need to make money to pay for this project. Mayor Ferrd, stated that not only has Stater Bros. invested in this but so has Jacobsen, rather hansomely. Mayor Pro Tem Garcia, stated that we all have to vote the way we are and she challenged staff to tell her the urgency to this and she hasn't heard anything other than the Attorney Council Minutes 11 '09/2010 Page 7 saying that this really isn't changing anything. Community and Economic Development Director Powers, responded that they are not here indicating to the Council that this an urgent matter, however she feels through the public hearing process you may hear from the other parties what they will be doing subsequent to this and that she will share with the Council. She stated that Mr. Shields will also confirm that they are prepared to pull the grading permit and start grading next week. They would like to pull the building permit for the grocery store before the end of the calendar year. Providing them with this certainty is necessary for them to meet those dates. If we choose not to assist them in meeting those dates she would assume that they wouldn't meet their 75" Anniversary commitment to open the store next year. Staff is not saying that it is an urgent matter, pressuring you to do it this evening, they are just telling Council what the alternative is. Mayor Pro Tern Garcia, questioned if Mr. Slaten from Stater Bros. would comment. Mike Slaten. Stater Bros. Market, stated that he agrees with Councilmember Stanckiewitz. They told the Council what they were going to do to get the store open and they will do what they need to do. He stated that as far as removing those two properties from the agreement, they would be ok with it as long as they would be able to fulfil the agreements that they have with Jacobsen on what would be allowed to go on the pads. He stated that as far as the timing issue, it is going to be their 75" Anniversary and that only comes around once. They are ready to move forward and they would like to get on site and start. This will take them to the end of August or September for the grand opening. City Attorney Harper, stated that the other properties are subject to all the other approvals, they are just simply not a part of this development agreement. The uses that have already been approved for the entire project would apply to properties whether they are in the Development Agreement or not. Mayor Pro Tem Garcia, feels that Councilmember Stanckiewitz must have had a lot of briefing to be up to speed. Councilmember Stanckiewitz, stated that he watched every Council Meeting and knows exactly what took place. He was unable to vote on it, however, he watched it all. Mayor Pro Tem Garcia, clarified that Councilmember Stanckiewitz' position is that he is for the Development of Town Center. I Councilmember Stanckiewitz, responded in the affirmative. Mayor Pro Tern Garcia, questioned if Councilmember Stanckiewitz was willing to do Council Minutes 11 "09/2010 Page 8 whatever it takes to make this happen or is there caviats there. Councilmember Stanckiewitz, responded that he will do whatever is legally possible for this City to make it happen. City Attorney Hamer, stated that what is on the Agenda tonight is a City Agreement with the Developer called the Development Agreement. That is different than the DDA, which was approved seven or eight years ago. The DDA governed all the properties beyond and including this property. What has happened in the interim is that the Council approved a Town Center Project which also includes more than the properties subject to this Development Agreement. He expects when it comes time to develop the remainder of the Town Center, the developer, whoever it is, will come forward with another Development Agreement request. The DDA is a Redevelopment Agency document which just has to do with the potential disposition of Agency owned properties. All the uses are governed by the City rules, which you have adopted in the Town Center. Councilmember Stanckiewitz, stated that what he is trying to accomplish by removing the two properties from the DDA is making a commitment to the City that we are going to seriously consider that land for public use. It was talked about with the Barton Road Specific Plan Update that came to Council. He is trying to move preemptively so that we have that property available when time comes for us to start talking about a public use facility and it's no longer a part of this commercial development. Mayor Pro Tem Garcia, questioned if Councilmember Stanckiewitz had discussions with Staff related to those properties. Councilmember Stanckiewitz, responded in the affirmative. These covered with both entities. Mr. Sla_ten, feels that there is a common thread in the two agreements and it is Jacobsen. As Staters takes them out of the 12.5 acres, the thought is if he is not in it what need does he have with the other properties. There are some benefits for all of the pain and suffering he did on the west side of the project. Mayor Pro Tern Garcia, stated that there has been discussion between a Councilmember and Staff and she has been left out of the loop. She wants to be supportive of the agreement but as it is written right now she is going to abstain. If people are willing to sit down and talk about how the City can give Stater Bros. some certainty she feels that she needs a lot more time to process this and digest it. She feels that the Staff is working with a Councilmember on the side and she doesn't like to be left out of the loop. Mayor Ferrd, stated that she hears what Mayor Pro Tern Garcia is saying, however, there is Council Minutes 11,'09.1010 Page 9 a huge background on this item and she put it all together. All of that information much of it should have been read and already digested. Now it is all put together into a form that can be voted on. Every Councilmember has their own outlook, that's the democratic process. She feels that it is time to put it together and vote. Councilmember Stanckiewitz, stated that part of his responsibility is to do his homework in those five days that they had to review the reports. He came to staff with his questions. He was concerned with the fact that there was a split vote on the Planning Commission and he got a copy of the Planning Commission Meeting so that he could listen to it, as did all of the Councilmembers, so that he could follow exactly how the process went down. He feels that they are the right people and is good with what they are doing and feels that it is going to be a successful project but for the sake of the community, if something happens, and the store isn't built in five years then the 1.2 million incentive from the Redevelopment Agency is off the table. That gives the City control and Stater Bros. guarantee. The two parcels are just so that the commitment to the community is that those two parcels are not going to be part of a commercial development, they are going to be used for public use. He feels that we can answer Staters by saying we are not going to put competing businesses on that land, that's not our intention. Ma, or Pro Tem Garcia, questioned if the City Manager and Community and Economic Development Director said that those two sites could be used for Public Use. Councilmember Stanckiewitz responded that it was his suggestion and he asked them to contact the two player to get their opinion as to whether that was something they would consider as a part of putting this together. Ma, or Pro Tem Garcia, stated that she wants to be supportive of the two representatives, however, she does not feel comfortable voting on this tonight. She will abstained tonight and she is willing to have a special meeting to come back and vote on this item. She is uncomfortable with some of the things that Councilmember Stanckiewitz has said. She feels very strongly about the role of the Council. She feels that Council should not be cutting deals with developers. It is an internal issue. CC-2010-90 MOTION BY MAYOR FERRE, SECOND BY COUNCILMEMBER STANCKIEWITZ, FAILED 2-0-1-1 (COUNCILMEMBER CORTES WAS ABSENT AND MAYOR PRO TEM. GARCIA ABSTAINED), to approve the Development Agreement - Jacobsen - An Ordinance Adopting Development Agreement 09-01 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan with the approved suggestions that Councilmember Stanckiewitz brought forward. City Manager Betsy Adams, stated that if the Council were going to continue this item it Council Minutes 11r0912010 Page 10 would have to be held on December 14, 2010. Mayor Pro Tem Garcia, questioned if there is any harm in waiting until the 14t' of December. City Manager Adams, stated that the building code changes substantially in the new calendar year. Council recently took action to adopt the new State Code effective January. She does not know if they were hoping to pull their building permits under the 2010 codes. Mayor Pro Tern Garcia, stated that this Developer Agreement is to give them certainty, why can't we just give them certainty without all of the extra stuff being thrown into the pot. She does not like when things come in at the last minute, especially when it looks as if Councilmember Stanckiewitz has been working with Staff and developer. Councilmember Stanckiewitz, stated that he takes his job seriously. He has this as an item that had to be acted on this evening. He made sure he did his homework and got his questions answered and his concerns raised. That is his job and he feels that he did job. Mayor Ferrd, feels that this is a critical item and she is very comfortable with the amount of time it has taken to get to this point and she is speaking for herself. She feels that this is a critical point and is concerned that we have shot ourselves in the foot. She stated that she is comfortable with staff and the players involved. She questioned what it would take to make Mayor Pro Tern Garcia comfortable to vote this evening. Mayor Pro Tern Garcia, responded to vote staff recommendations as is with no changes. She questioned if it is stated in the staff report that the project will be delayed if action is not taken this evening. Mayor Ferre, responded that it would not say that in the Staff Report. Ma or Pro Tern Garcia, stated that she likes to look at each thing separately and she feels that she is being told since you voted for the last item, you have to vote on this item too. Cily Attorne H er, stated that the project part is a done deal. You have already voted on that. The Development Agreement simply gives the developer some comfort level that the rules aren't going to change during the course of the building of the project. The project is a done deal and the approvals are done. The Development Agreement does not have any impact on the project one way or the other. Development Agreements are necessary to find financing because the bank has the same level of nervousness so they too want to have some certainty that they are going to be repaid. Ma or Pro Tern Garcia, stated that she understands the five years on the fees and the credit. She questioned the eight year land use. Council Minutes 1U09l2010 Page 11 City Attorney Harper, responded that the eight year is the underlying approvals, the things that you have already done, the City won't be able to change for eight years. The rules stay the same in terms of developing the project which you have already approved for the next eight year period. As a practical matter, the store will be built relatively quickly and he expects that the economy will come back sufficiently that the rest of the pads are going to be developed way before eight years runs out. He feels that this development agreement will become mute in probably 3 or 4 years. An eight year term on a development agreement is relatively short. Development Agreements are generally between 10 to 15 years and depending on the type of development up to 20. Mayor Pro Tern Garcia, stated that she understands that there are two 5 years extensions that go along with it. City Attorney Harper, responded that there are potentially two extensions, however, it is up to the Council. Mayor Pro Tern Garcia, questioned if the City Manager is comfortable that the City is in the drivers seat with this development agreement. City Manager Adams, responded that she will answer this with a little bit of a caviat. She felt comfortable but then the two items that Councilmember Stanckiewitz raised seems to give the City even more control. She stated that we are mixing two documents. The DDA would have to come to the Council for separate action. City Attorney Harper, stated that if Councilmember Stanckiewitz suggestions are included in the approval it would be language directing that the DDA come back to Council for approval with changes. City Manager Adams, feels that it would be in the City's best interest to pursue the changes that Councilmember Stanckiewitz mentioned but it would be separate action. Mayor Ferre clarified that the Council could approve the Development Agreement as it is with language in the motion that directs staff to prepare the necessary documents to amend the DDA. Ma or Pro Tem Garcia, questioned why Staff did not inform Council that the developers had been asked if they would amend the DDA. City Manager Adams, stated that Councilmember Stanckiewitz asked for some pretty significant amendments and she appreciates the fact that he didn't just spring it on Staff and the Developer and Stater's at the meeting tonight. It is not uncommon when talking to developers that Staff will go out and negotiate the best agreement that they think they can. Council Minutes 11;'09i2010 Page 12 The reality is the Council has a lot more leverage than staff members because they are the elected representatives. Council may be able to ask for things that Staff may not be able to get them to agree on. City AttorneXHaMer, stated that he would like language in the agreement that would address having to bring back the DDA. This is an agreement that they would have to sign off on. City Manager Adams, stated that Councilmember Stanckiewitz had some concerns because there was a split vote. He heard the information, which was also in the staff report, and was looking at what other things can we ask so that we feel that there is more protection to the City. The two items that he asked for are not within the document that Council would vote on tonight. They are within the DDA. Mayor Pro Tem Garcia, questioned why they have to be tied in together this evening. City Attorney Harper, responded that because the Development Agreement gave the City leverage to do something which would not have happened otherwise. Mayor Pro Tem Garcia, questioned what the benefit is to the changes that Councilmember Stanckiewitz requested. City Attorna Harper, responded that those two properties that are owned by the Agency are subject to the Development Agreement and all of the rules of the Development Agreement including the potential of having to sell it to the developer. The removal of those two properties from the DDA will allow the City flexibility to do what they want with the property. Mayor Pro Tem Garcia, questioned why Staff didn't think of that. City Attorney Harper, responded because it doesn't have anything to do with the Development Agreement. Mayor Pro Tem Garcia, she feels that it is very important to get things in writing. She questioned if staff is comfortable that they will agree with the added language in the Development Agreement. City Attorney Harper, stated that they can only sign what is approved by the Council. If they don't agree with the added language then it will have to come back to the Council. Mayor Pro Tem Garcia, stated that staff is saying that Stater Bros. is going to pull permits next week, however, this Ordinance requires a second reading and questioned how they can pull permits when it's not approved. Council Minutes 11 .'09-'2010 Page 13 City Attorney Harper, stated that they are pulling grading permits, not a building permit. Community and Economic Development Director Powers, stated that the two other parties to the Agreement have already provided their signatures, if the Council approves the document as written. They wanted to know that the Council supported this before they pulled the grading permit. It is staffs understanding that they were not going to wait until after the second reading. She proposed a suggestion that she would be willing to request the parties to provide a letter committing to making changes to the Economic Development Agreement to cap the term at five years and to either terminate or modify the DDA to except out those parcels in separate actions to come back. Mayor Pro Tem Garcia, questioned that they can go ahead and pull the permit before the agreement has the second reading. City Attorney Harper, responded that they have an approved project. Mayor Pro Tem Garcia, appreciates staffs recommendation of getting a letter prior to the second reading and to separately move the item. City Attornev Harper, stated that they can do that but it wouldn't have the same binding effect. He stated that if the parties made a request and the Council approved documents which affected those changes prior to the second reading of the development agreement it might accomplish what Council wants. Community and Economic Development Director Powers, stated that what she was suggesting is that Staff get their written agreement in a letter form and then we would separately have to have a public hearing to modify the DDA because it's a disposition document. Mayor Pro Tem Garcia, questioned if everyone is confident that they will agree to what is on the agenda this evening including the changes that Councilmember Stanckiewitz brought up this evening. Mayor Ferre, responded that she is confident that they will do the right thing. She stated that she has felt that all along. Mayor Pro Tem Garcia, stated that she would like to hear the affirmative from the City Attorney, City Manager, Community Development Director and if they all say yes then she will support this. City Attorney Harper, responded that he has never discussed the subject with them. Council Minutes l 1-109/2010 Page 14 Cily Manger Adams, responded that she is unsure either. City Attorney Harper, stated that if they put it in writing between now and the second reading then he believes that they will do it. Community and Economic Development Director Powers, stated that she contacted both parties involved and let them know that they should be prepared for some additional questions and their response to her was that they would be willing to do both of those items. Mayor Pro Tem_Garcia-, questioned if the City Manager was comfortable with the process that will take place. City Manager Adams, responded that we have to do it separate. She stated that the Council can take action to approve the Development Agreement this evening and further direct staff to obtain a letter confirming what was said earlier this evening so that it is available for the new Council when it is seated on December 14, 2010 to consider at the second reading. Once we receive that letter and assuming that the Development Agreement goes forward on the 14" we can come back at a separate public hearing that will be well into the new calendar year. She feels that directionally it is more for the City than what was originally asked for. She feels that it could all work. CC-2010-91 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE, CARRIED 3-0-1-0 (COUNCILMEBER CORTES WAS ABSENT), to approve the first reading of an Ordinance Adopting Development Agreement 09-0-1 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan and to further direct Staff to get a letter from the parties related to the 1.2 million over five years and the two agency owned parcels to be removed from the DDA. UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace California, Amending Title 15, of the City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08,15.12,15.16,15.20, and Adding Chapters 15.10 and 15.17, Deleting Chapter 15.09, Adopting the California Code of Regulations to Include the Referenced Standards, Title 24, Part 2, and 12, Volumes 1 and 2, Based on the 2009 International Building Code, Part 2.5 Based on the 2009 International Residential Code, Part 3, Based on the 2008 National Electrical Code, Part 4, Based on the 2009 Uniform Mechanical Code, Part 5, Based on the Uniform Plumbing Code, Part 11, Green Building Standards CC-2010-92 MOTION BY COUNCILMEM13ER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 3-0-1-0 (COUNCILMEMBER CORTES WAS �. Council Minutes 1 1/09/2010 Page 15 ABSENT), to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace California, Amending Title 15, of the City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08, 15.12, 15.16, 15.20, and Adding Chapters 15.10 and 15.17, Deleting Chapter 15.09, Adopting the California Code of Regulations to Include the Referenced Standards, Title 24, Part 2, and 12, Volumes 1 and 2, Based on the 2009 International Building Code, Part 2.5 Based on the 2009International Residential Code, Part 3, Based on the 2008 National Electrical Code, Part 4, Based on the 2009Uniform Mechanical Code, Part 5, Based on the Uniform Plumbing Code, Part 11, Green Building Standards. NEW BUSINESS 8A. City Council Retiree Benefit for Herman Hilkey Herman Hilkev, 23196 Glendora Drive, stated that because of the tax issues in the last year the benefits are taxed or not taxed. He questioned staff if he could submit for the medical which is non -taxed and staff suggested that he take this route. He stated that between the five Councilmembers at the time, it was your option to choose either health or medical. Depending on the persons employment or lack of employment they chose one or the other. He chose what he chose because of his circumstances at that time. The taxes have changed and his employment has changed so that is why he has requested this. It is a slight tax advantage, it's not that big of deal. He has to pay taxes on the life and not the medical, that is the only issue. There was no action taken on this item. 8B. Request for a Reduction of the Parkland and Open Space Acquisition Fee for New Residential Construction Dale Chronister, 1171 North Second Street Colton, commended the Council on the great staff that the City has. He stated that he bought this property in 2002 when the economy was good. He has until the first of the year to get his building permit. He feels that the fees are too high. He stated that there has only been one building built in the past year and there hasn't been a custom home built in two years. Neighboring cities have built almost 600 homes. They have lower fees. He spoke to the school board and they have lowered their fees almost 25%. CC-2010-93 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR FERRE, CARRIED 3-0-1-0 {COUNCILMEMBER CORTES WAS ABSENT), to deny the request for a reduction of the Parkland and Open Space Development Impact Fee for construction of a new single-family residence. Council Minutes 11 '09/2010 Page I6 CLOSED SESSION - None Mayor Ferrd adjourned the meeting in memory of Jo Ann Carlstrom at 8:55 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, December 14, 2010 at 7:30 p.m. t MAYOR of the City of Grand Terrace 6f"'�4/-A CITY CLERK of the City of Grand Terrace i