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12/14/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR_ MEETING - DECEMBER14, 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 December 14, 2010 at 7:30 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened with Invocation by Kevin Woodbridge, Calvary the Brook Church, followed by the Pledge of Allegiance led by Councilmember Bea Cortes. Resolution Declaring the Results for the November 2, 2010 Municipal Election CC-2010-94 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to adopt a Resolution Declaring the Results for the November 2, 2010 Municipal Election 2. Special Presentations to Outgoing Mayor Mayor Ferrd and Councilwoman Bea Cartes Mayor Pro Tern Garcia stated that she will be giving a brief summary of the time that Maryetta Ferre and Bea Cortes spent on the City Council. She stated that Bea Cortes was elected to the City Council in November 2002. She was appointed the Mayor Pro Tem from December 2004 to December 2006 and was re-elected November 2006. She is retiring from the City Council on December 14, 2010. She enjoys the challenge of working people and utilizes he leadership skills and extensive contacts to make Grand Terrace and the Inland Empire a better place to live and work. While on the Council Minutes 12/14/2010 Page 2 City Council she was instrumental in raising $4,000.00 for the library, her first year in office, getting a bike lane grant from SANBAG, bringing the COMPASS Blue Print Grant from SCAG, and the prescription card program. She presented, on behalf of the City, an engraved lamp, to shine the light of her time in Grand Terrace. She Stated that Maryetta Ferre was elected to the City Council in November 2000. She was appointed as the Mayor Pro Tern from December 2002 until December 2004. She was re- elected in November 2004 and was appointed as the Mayor in 2004 until December 2006 and became the City's first directly elected Mayor November 2006. She is retiring from the City Council December 14, 2010. Maryetta is a woman of tremendous grace, knowledge and warmth. She has grown up in the area and the lave of her City is unsurpassed. As the fist elected Mayor, she has brought together the City to work toward a positive agenda. While on the City Council she was instrumental in the Senior Center Project, the City -Wide Reading Program, the new Stater Bros. Market and the Dog Park. She presented Maryetta with an engraved lamp. She also presented her with her gavel. Mayor Pro Tem Garcia announced that Congressman Jerry Lewis prepared Certificates of Special Congressional Recognition and presented them to Maryetta and Bea. She also announced that Governor Arnold Swartzeneger sent each of them a congratulatory letter and thank you on behalf of all Californians. Senator Bob Dutton's Representative —Robbie Broedow, recognized Bea Cortes for her tireless community involvement and diligent service as a City Council Member, her many hours of service to the people of Grand Terrace and her contributions making Grand Terrace a great place to live, work, play and raise a family and will be remembered for years to come. She wished her continued success for the future. She congratulated her on all of the work that she has accomplished. Supervisor Neil Derry's Representative. Nick Calero, extended a heartfelt thank you to Bea Cortes and presented her with a Resolution on behalf of Supervisor Neil Derry. Sally McGuire President Grand Terrace Area Chamber of Commerce, thanked Mayor Maryetta Ferre and Councilwoman Bea Cartes for their many of years of public service to the City of Grand Terrace as well as their continued support of the Chamber of Commerce. She thanked Councilwoman Cortes for her many years of service and passion and tireless commitment to the City will be remembered by many. She stated that she knows that she speaks for herself and many others when she thanks Mayor Ferrd for being a true leader for the great City of Grand Terrace. All leaders have certain values that make them stand out in the crowd. They have confidence, lead by example, learn from their mistakes, set high standards and put others needs first. During her term as Mayor, she has shown others how to work together as a team by leading with excellent relational skills, integrity, honesty and showing community focus. They thank her and her husband Frank for stepping up to the Council Minutes 12114/2010 Page 3 plate and dedicating their time to help build the foundation of this great City. They are proud to have worked with them over the years and wished them well in their retirement from public service. Senator Bob Dutton's Representative. Robbie Broedow, thanked Maryetta Ferrd for her significant contributions that she has made to the City of Grand Terrace and wished her well in her retirement on behalf of Senator Bob Dutton. Supervisor Neil Derry's Representative, Nick Calero, extended a heartfelt thank you and expressed his appreciation to Maryetta Ferrd and presented her with a Resolution on behalf of Supervisor Neil Derry. Councilmember Walt Stanckiewitz, stated that the last two years have been rather tumultuous but throughout that time he feels that he and Bea Cortes have always worked well together. It has been a pleasure to be seated beside her. He thanked her for her service to Grand Terrace and he wished her the best in her future endeavors, good health and happiness throughout the rest of her life. He stated that Maryetta Ferrd has been a dedicated public servant to this City for many years and most recently as the First Directly Elected Mayor. He stated that throughout her tenure she has displayed a professionalism found in very few people and for that he will always have respect and admiration for her. He thanked her for her dedicated service to the City and its residents. He wished that she and her husband have many happy years together in retirement, they have earned it. He wished them both best wishes. Mayor Pro Tern Garcia, thanked Councilwoman Cartes for her commitment to the City and willingness to go out there and work on the regional forums. She feels that the amount of donations that she received for the City was truly appreciated. She prays for all the best to her and her family in all their future endeavors and thanked her for her time on the Council. She stated that it has been a pure pleasure to work with Maryetta and has enjoyed her deep commitment and graciousness in all that she does. She has always represented the City of Grand Terrace well. She wishes all the best and prays for all the best for her and her family and thanked her for all that she has given to the City. Councilmember Bea Cartes, stated that she didn't expect any thing but appreciates all the kind words and certificates. It has been her pleasure to represent the residents of Grand Terrace. She feels that Grand Terrace has had wonderful accomplishments and she wishes the City and its residents to continue in progress and in success. Because she has built relationships on behalf of the City of Grand Terrace, she has been honored to meet a former president when he came to the Inland Empire and the Governor. She wished success for the newly elected officials. She knows that they will represent the City to the best of their ability. She congratulated all of them and wished them the best. She thanked City Staff. She feels that they work tremendously hard and long hours. She thanked Jo Verhelle and Council Minutes 12114/2010 Page 4 Rich Shields for everything that they have done for her. She thanked the volunteers for all of their efforts. She thanked her daughter Camille for all of her support throughout the years. Mayor Marvetta Ferre, thanked the citizen's of Grand Terrace for the opportunity to serve as a member of the City Council and as Mayor. It is truly an honor to be elected to public office to serve your community. She is so proud of everything that has been accomplished despite great odds, temporary set -backs and some political gameship at times. The Senior Center, the Citrus Grove, the Town Center Development will all serve as lasting improvements to the City. dust as important we came together as a Council to hire a top quality City Manager and with her professional staff, she feels that the City administration is in very good hands. As a private citizen now she is really looking forward to taking full advantage of the new state of the art Stater Bros. grocery store. None of these things would have ever been possible without the hard work and active support of so many concerned citizens in this community. She is truly indebted to the many members of the community who rallied around these very important causes. None of these achievements would have been possible without the residents turning out for important meetings and advocating on a daily basis for the best interest of the City of Grand Terrace. It was so important that parents and residents stood up and said that the new high school in Grand Terrace would be named "Grand Terrace High School" you will see her at the football games proudly wearing her Titans sweatshirt. She feels that they are so lucky to live in a City where the community leaders focused on giving back to the community and not the personal glory or political advancements. It is her hope that future Councils will maintain that focus in order to move the City forward and preserve the very special close knit community. Thank you. 3. Swear In Newly Elected Mayor Walt Stanckiewitz and Council Members Bernardo Sandoval and Darcy McNaboe City Clerk Mesa swore in the newly elected Mayor, Walt Stanckiewitz and newly elected Councilmembers Bernardo Sandoval and Darcy McNaboe. Mayor Walt Stanckiewitz thanked everyone for coming out and would like to give an opportunity for the new Councilmembers to address the audience. Councilmember Darcy McNaboe, thanked the community for the opportunity to serve in the roll of Councilmember. This is an exciting extension of her past experience with community service within the City. She is honored that she was elected to represent the wishes of the community. It is her intention to be accessible to her fellow residents to continue to hear first hand about the issues and concerns throughout the City. She appreciates all of the efforts of all the candidates who ran in the election. Having the number of candidates that there were this election shows her the dedication that there is in the City. She looks forward to working with her fellow councilmembers to lead the City to a better financial future and to a time of restored trust between Council, Community and Staff. Councilmember Bernardo Sandoval, this all started with a simple idea. A burning question of is it I Council Minutes 12? 14;'2010 Page 5 possible to affect a City and a School District at the same time. How can we impact and do and build and move both of them forward and how do we get people engaged in the process of selecting our City Government Officials in a way that hadn't been done before. He was told that it was impossible and that he could not win, and these were people that cared about him. Through some difficult times through a man that dreams really big dreams, his wife was there. He could not have done this without his wife and her support. He thanked his wife. He had all his friends stand up and thanked each of them for all of their support. He thanked the School Board Members for their support. He stated that the Council and School Board Members are going to work together and make the schools the very best that they can be and they will have a partner that they can trust and work with. He stated that he will work in good faith, when there are issues they will discuss them openly and honestly and frankly. They will move things forward and heal the fissures of the past and move on. He thanked Tobin Brinker for always being there. Mayor Walt Stanckiewitz, stated that the voters heard his message. Issues prevailed over personality in this election. The past was important to voters, they heard about it and sent the message that it needed to be fixed. Transparency and openness have now been mandated by the voters and he hopes that his fellow Councilmembers will accept this mandate and work to maintain openness in our City Government and do what is right for the residents. He thanked his wife for all of her support and his daughter and son-in-law. He thanked Bernardo and Francine. He thanked Elaine Bailes and Billy Crowe who walked a lot of Streets for them and he appreciates everything that they did. He thanked Roger for kicking off the coffee and Claudia and Patrick Ross for their support and he thanked Amanda Betten. They met a lot of people and had good dialog. He thanked the members of the School District for all of their support. He stated that it has been a wonderful trip and that it is now time to get to work and deal with the issues of the City. Mayor Pro Tem Lee Ann Garcia, feels that she and Councilmember McNaboe have worked side by side in terms of her involvement with the Planning Commission, Grand Terrace Area Chamber of Commerce and the Foundation and she knows that she has a heart and a deep love for the City and she is looking forward to having great discussions. She stated that she had the distinct pleasure of being able to spend some time with Councilmember Sandoval. She is looking forward to his energy and passion and the value set that he brings to the City. Working together to come to one accord as a Council to do what is best for the City. She stated that she and Mayor Stanckiewitz have shared the dias for two years as Councilmembers and she looks forward to continuing to work along side him as they as a Council move the City ahead and ensure stability for future generations with the same commitment and dedication as before. She is looking forward to the new discussions that will take place as they do the work of the City. 4. Selection of Mayor Pro Tempore CC-2010-95 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 4-0, to appoint Lee Ann Garcia as the Mayor Pro Tempore. Council Minutes 12/14/2010 Page 6 ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Recognition of COL Salinas and 1 Lt. Salinas Mayor Stanckiewitz introduced Col. Conrad Salinas, Senior and First Lt. Conrad Salinas, Junior and indicated that they are a family who has dedicated their life and service to their Country. He stated that Conrad Senior has been to Iraq twice and Afghanistan once as a medical doctor. Conrad Junior, first lieutenant, has been to Afghanistan and just returned. The City would like to honor them and hopefully kick off a program where the City honors residents of the City for their service, whether it be for the Country, City, County or Schools. He presented them with a commendation. CONSENT CALENDAR CC-2010-96 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 4-0, to approve the following Consent Calendar Items with the removal of item 3A. and 3C.: 3B, Waive Full Reading of Ordinances on Agenda 3D. Resolution Re -Adopting the Standard Conflict of Interest Code 3E. Resolution Adopting a Five -Year Capital Improvement Program 3F. Notice of Completion - Grand Terrace Road Landscaping Project (EZ Sunnyday Landscaping) 3G. Notice of Completion - Grand Terrace Road Reconstruction Project (Palm Canyon Contractors) 3H. State COPS SLESF Grant FY-2010-11 Expenditure Plan 3I. Final Parcel Map 17787, to Consolidate Seven Existing Lots and Resubdivide them into Seven New Parcels 3J. Resolution FY 2010-11 Appropriations Limit - Revised 3K. Crime Prevention Committee Minutes of September 13, 2010 3L, Community Emergency Response Team Minutes of September 7, 2010 and October 5, 2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated 12-14-2010 Debra Hurst, 22950 Orangewood Court, would like to set up a meeting with Finance Director Bernie Simon to go over questions that she has on expenses. She stated that a car was just purchased for $32,000.00 and questioned what it was for. Council Minutes 12/1412010 Page 7 CC-2010-97 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 4-0, to approve Check Register Dated December 14, 2010. 3C. Approval of Minutes of 11-09-2010 CC-2010-98 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR STANCKIEWITZ, CARRIED 2-0-0-2 (COUNCILMEMBERS MCNABOE AND SANDOVAL ABSTAINED), to approve the November 9, 2010 Minutes. PUBLIC COMMENT - Tobin Brinker, City of San Bernardino Councilmember, indicated that he would like to congratulate the newly elected Council Members and Mayor. He stated that he grew up in Grand Terrace. His children went to school in the community. About 18 months ago the City went to war about an issue of naming the High School. Mr. Sandoval and Mr. Stanckiewitz joined him in that battle. They were successful in getting the name of the high school to be named for the community. He thanked both of them for their efforts. He has the upmost respect for both of them. He has watched them throughout the campaign and the City of Grand Terrace is lucky to have them. He feels that they aren't the traditional candidates. He reported that he went to one of their house parties during the campaign. They were working together to coordinate with some of the school board candidates. Normally when a politician sits down to talk with people they keep things fairly general. These guys got down in the weeds and spent about three hours talking with a small group of residents about the details of City Government and what they planned to do if elected. They spoke from their hearts and talked about what they saw was going on in the City. When they say that they want openness and transparency they really want to make this about what is best for the community. He has nothing but the greatest respect for both of them and is excited for them to be in their positions that they are in and knows that they will do a great job and is looking forward to working with them in his capacity as a CounciImember in San Bernardino. He stated that he doesn't know Darcy yet but he is looking forward to talking with her more. He stated that it was good to see Lee Ann again and feels that she has a good group of people to work with. Randall Ceniceros, 15862 Falcon Court, Fontana, is a newly elected Board Member for the Colton Joint Unified School District and came to congratulate the newly elected Council Members and Mayor. He would like to create a partnership as we go forward and try to fully develop Grand Terrace High School. There was a lot of controversy going into the naming of the High School and now that he has taken his seat on the School Board he wants to reach out to the Council and let the community know that they are committed to getting the high school completed. He has known Bernardo for quite some time and knows that he has been an activist in the community and extended himself out to the Colton community. He feels Council Minutes 12;14/2010 Page 8 that Walt provides great vision and has great leadership skills. He stated that he had an opportunity to sit down with members of the community during the meet and greets and appreciates that they have reached out to the school board members and stated that they have an open door for the Council and that they are always welcome at the School Board Meetings. He Congratulated them. Patt Haro, 15753 Firethorn Road, Fontana, indicated that she is the newly elected Board President of the Colton Joint Unified School District. She looks forward to working together with the City Council. She believes that the voters of the cities of the School District spoke loud and clear when they cast this past election. They wanted change and they have respected that change by putting her in as Board President. She assured the Council the citizens of Grand Terrace that they are willing to work together and is looking forward to working with the City. She wants to be clear that this will be a Board that will be transparent above all. On November 17, 2010 they received a letter from Veneer Construction that the building of Grand Terrace High School would not be completed by August of 2011. This Thursday evening at 5:30 p.m. they have a special board meeting dedicated solely to the issue of Grand Terrace High School. They want to be as transparent as possible. Everything will be heard that has to do with the building of the high school and the delay directly from the construction company at the same time they will. She would like to assure the Council that the relationship that the School District will have with them will continue in this transparent manner and looks forward to working with each and everyone of the Council and the citizens of Grand Terrace. She congratulated all of the newly elected officials. Mayor Stanckiewitz, stated that things are changing and they will change for the positive. He encouraged everyone to attend the Special Board Meeting and listen to what they have to say. Councilmember Sandoval, stated that the City and the School Board are tied at the hip because of the new high school. What happens there will directly affect the City. He sees Grand Terrace High School as being the center of the community in the future. There is a new Board that is committed to doing what is right. Their discussions and debates will be based on what is best for children not based on political interest, control or power. He appreciates the school board very much and is looking forward to working with them. Charles Hornsby, 22656 Brentwood Street, reported that there has always been a little bit of a traffic problem on Brentwood Street. It is a long street that stretches about a ' mile. Recently it has gotten worse. There is an intersection right across from the school where there is a stop sign and at least three to four times a day, people blow through the stop sign going 35 to 45 mph. He is concerned that someone will get hurt and would like the City to do something. He feels that Sylvia Robles would be a great candidate to fill the Vacancy on the Council. Council Minutes 12-14l2010 Page 9 City Manager Betsy Adams, stated that she will talk to the Sheriff's Department regarding the traffic issue on Brentwood. Robert Krause, 22710 Eton Drive, stated that he lives across the street from the back side of Terrace View Elementary School. He reported that kids jump the fence to skateboard inside the court yard. He would like to see the City provide a skate park for the community. He feels that the parks should be for the kids so that they have some place to go. Tom Roberts, 22111 Newport Avenue # 148, stated that in October he challenged the Council to be more transparent and to find a way to reach out to the citizens. He would like to re - challenge the Council to make sure that it happens. He stated that he is not crazy about paying for an election to fill the vacancy on the Council. He stated that the community voted for them to make the decisions and that he would trust their judgement should they decide to appoint someone. He congratulated the newly elected Councilmembers and wished then luck. He thanked those Councilmembers that retired for their service. Pilar Tabera, 1401 Jennifer Court, congratulated the newly elected Council and Mayor. He indicated that he is looking forward to working with Mayor Pro Tern Garcia and hopes to establish a friendship and trust. He congratulated Councilmember McNaboe and stated that he is looking forward to working with her and getting to know her better. He congratulated Mayor Walt Stanckiewitz. He indicated that he met him during campaigning and he made an impression on him and his family. He feels that Grand Terrace is lucky to have him. He congratulated Councilmember Bernardo Sandoval. Councilmember Sandoval, feels that Pilar Tabera won his election because of Grand Terrace. He stated that this means Grand Terrace won't be ignored and won't have to fight the battles anymore. He feels that it is a good day for the City and the Board. Gary Grossich, 1411 W. Washington, Colton, congratulated Councilmember Sandoval and Mayor Stanckiewitz. He stated that he is on the Measure G Bond Committee and encouraged everyone to attend the Special Meeting of the Board. He stated that change can happen from the inside and from the outside if you are persistent. He feels that people are tired of professional politicians, they are looking for people that can relate to the people that live in the community and that will make decisions on what is good for the people that live there and not what is good for their own personal political career. COUNCIL REPORTS Mavor Pro Tern Garcia, requested that Director of Building & Safety/Public Works give an overview of the 1215 Public Hearing that was held last night at Grand Terrace Elementary. Director of Building & Safety/Public Works Shields, responded that the meeting was a Council Minutes 12?14/2010 Page 10 Public Hearing and a Notice of Intent to adopt a Negative Declaration for the 1215 Gap Closure. That is the HOV lanes that will go from the I215/60/91 Interchange in Riverside all the way to the Orange Show Road exit. It is the addition of two lanes. Some right of way will be increased and there are some proposals for sound walls to be constructed. The main problem that he saw was a lot of the commercial businesses that have been there for quite a while had an issue with the sound walls that they are proposing to construct. He feels that for the most part, everyone that was there was able to speak and have their concerns documented. It was heavily attended in the form of an open house. He feels that is was a good meeting and that there will be more meetings to come. Mayor Pro Tem Garcia, requested that this project be placed on the website with a short paragraph on what happened at the meeting and things that residents should be aware of. Stated that Reader's Digest is having a contest where they will be giving away 5 million dollars in funds. She encouraged people to vote for Grand Terrace. Reported that she was appointed to the Consolidated Transportation Services Agency. They will provide transit services to seniors and persons with disabilities and low income. They are trying to make this a non-profit. She thanked the Fire Department for Santa going through the neighborhoods. She wished everyone a Merry Christmas and Happy New Year. Councilmember Sandoval, shared that the intent and purpose for him running for Grand Terrace City Council is truly to make the community a better community. The vision that he has for Grand Terrace is probably very different than what has been heard in the past. He would love to see the systems within the City talk to each other in terms of data being able to be collected from different systems and being able to be centralized and put it to a webpage so that the people in the community can actually see where the budget is in real time through a web dash port. It takes re -engineering of business processes. Things will have to be looked at differently. This will create a transparency that the City has not had. Staff worked very hard and he is impressed with their work ethic. We have to work together in these times to provide the resources and do what is necessary to shift the way of looking at things and to not accept the way that we have done things in the past but to challenge them and see what can be done to make the process more efficient to the people of Grand Terrace. These things can be done and can be implemented and we can change together to make Grand Terrace a much better City. He feels that the information needs to flow more freely within the City and out to the residents. The lack of information creates mis-trust. The ideas that he brings to the table are different because his background is technology. It is not always easy but he guarantees that he will do everything possible to do what is right, ethical, and advocate for the people for all the people of Grand Terrace. He feels that it is time to move past the election and into governing. He thanked everyone in Grand Terrace who supported him and gave him their vote of confidence and that this is a deep honor. He asked that the meeting be adjourned in memory of Ray Abril, Jr. who passed away yesterday. He stated that he was a man who many have different opinions and feelings on. He stated that he got engaged in school board because he simply cared about people. He engage in injustices that Council Minutes 121140014 Page 11 were occurring and did it strongly. He was never motivated for self or money and he was a huge inspiration and mentor to him. Councilmember McNaboe, stated that she has a background in process improvement and she has been thinking some of the same things. She feels that there needs to be a method of deciding what are the ways and best practices for how things are done in the City. She would like to see the City look at the priorities this point going forward on how we can begin to start budgeting for up to date technology. She feels that even though there is a cost associated with it there is a return on investments that is huge. The time that is saved and the accuracy and the ability to answer questions and communicate with staff, she feels is very important. She would really like to see the City move toward that as the Council sets their priorities. She stated that she has a copy of something that the City of Redlands is looking at implementing in their City. It is a proposal of stated City Values. She would like Grand Terrace to consider coming up with some values that can be stated and abide by. She reported that the Grand Terrace Area Chamber of Commerce has done their annual holiday decorations voting and is looking forward to hearing the results. She wished everyone Happy Holidays, Merry Christmas and a Happy New Year. Mayor Stanckiewitz, reported that last week they spent time going around mending fences, spreading good will. He attending the swearing in of the Colton Council Members and the Board for the Colton Joint Unified School District. He reported that the Child Care Center did their Christmas programs last week and he was fortunate enough to attend one of the Tiny Tots program. It was a great program and commended the staff for their efforts. He reported that Wilden Pump will be having a blood drive on Wednesday, December 22, 2010 from 12 p.m. to 5:00 p.m. The blood mobile will be in their corporate parking lot. He requested that this information be placed on the reader board and on the website. He reported that Colton High School are CIF Champs. A lot of Grand Terrace kids play on the football team. He would like the City to do something to honor the football team. He thanked the Historical and Cultural Activities Committee for the Anniversary Dinner and enjoyed the presentation. He read the following quote "Symbols of hope are destroyed by old habit." PUBLIC HEARINGS - None UNFINISHED BUSINESS 7A. Development Agreement 09-01 Affecting a Portion of the Grand terrace Town Square Master Development Plan Site Area - Second Reading of an Ordinance Adopting Development Agreement 09-01 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan Mayor Pro Tern Garcia stated that in this era of transparency she would like to strive to do Council Minutes 12114/2010 Page 12 so as a representative. She stated that when there is an item that comes before the Council that is confusing she would like to put it out there so everyone hears what the Council hears. She read the following for the record: "For clarification for myself and the residents I have a time line regarding Mayor Stanckiewitz' conflict of interest in the Stater Bros. Project. For the record I would like the following comments and documents to be including and attached to the minutes of this meeting: On July 27, 2010 on the vote for Stater Bros. Councilmember Stanckiewitz abstained noting that based on his phone call with the Fair Political Practices Commission there appeared to be a conflict. On September 1, 2010 on the vote for Stater Bros. again Councilmember Stanckiewitz abstained noting that based on his phone call with the FPPC there appeared to be a conflict. On September 20, 2010 Councilmember Stanckiewitz approved a letter written on his behalf by John Harper the Grand Terrace City Attorney to the FPPC regarding a possible conflict of interest on the Grand Terrace Town Square Master Development Plan Project which includes the new Stater Bros. On October b, 2010 a reply from the FPPC to John Harper September 20, 2010 request stated that this was their informal assistance on behalf of Councilmember Walt Stanckiewitz "Councilman Stanckiewitz will not have a conflict of interest in any council decision relating to the Town Square Master Development Project where it is not reasonably foreseeable that that decision will have an affect on his business that meets or exceeds the materiality threshold appropriate for that business as described below." On November 9, 2010, on the vote for the State Bros. Development Agreement Councilman Stanckiewitz provided the following statement in the minutes that were approved tonight on page 4. "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." Council Minutes 12(14/2010 Page 13 She clarified that Councilmember Stanckiewitz was in concurrence with the letter that John Harper wrote and for clarification for herself and the residents, that he has full knowledge that the decision to vote on the Stater Bros. projects and deeming no conflict of interest is his alone. It is not the decision of the City Attorney, the City Manager or the City Council but solely his. Mayor Stanckiewitz, stated that it is not a static situation, it is something that he will have to review on a perpetual basis. It is a materiality standard that has to be applied. He will have to look at that in every aspect every time they will have to deal with the Town Square Project. That is his responsibility and based on the information from the FPPC he believes that he does not have a conflict of interest at this point. Mayor Pro Tern Garcia. stated that she would like the following items to be considered as part of the approval of this agreement: That in the future she would like a full report on the status of the landscaping project for the south wall and the La Paix street widening and the plan of action for keeping the Council, residents and neighborhood informed of the process. That a time Line with action items of what the process will be between December 2010 and September 2011 with the proposed opening date of the Stater Bros. Public Information meetings on the status of the Stater Bros Development during the next nine months with three meetings staggering the times to allow all residents to attend. To hold a public workshop with the City Council and Representatives from Stater Bros. to discuss their future plans and the specifics coming forward. Mayor Stanckiewitz, stated that the there were two amendments that he had requested to be added to the Development Agreement and it had been determined that they could not be added and that they would have to be handled separately because they dealt with other agreements that existed prior. The City has received a letter from Jacobsen Family Holdings and Stater Bros. that they do agree to those two amendments and questioned what action staff will take to make those amendments. Community and Economic Development Director Powers, responded that staff will work with the City Attorney to prepare the documents and bring them back to the Council for approval. She stated that staff would recommend termination of the Disposition and development agreement because it is a document to sell or dispose of property once certain criteria has been met. There is no more property to transfer. There are a couple business items that Stater Bros. would like to keep in agreement between them and the City and Agency that were included in the DDA and staff will work on a separate document for those. Council Minutes 12/14/2010 Page 14 Escrow has closed between Jacobsen Holdings and Stater Bros. The other document that was mentioned was the economic development agreement, they have agreed to cap that term at 5 years if the store has not been constructed. Mayor Pro Tem Garcia, stated that she would really like to have a meeting with the Council and Stater Bros. so that everyone is all on the same page. She requested that a meeting be held prior to any agreement being placed on a future agenda. Mike_Slaten, Stater Bros Markets, stated that it is their goal to bring as much retail development as possible. His only concern with taking the properties out of the DDA would be that someone could build on the property that would be in competition with them. The goal is do whatever the City wants to do. He would like to have a workshop to sit down and see what everyone wants to do. Councilmember Sandoval, state that he is looking forward to digging into the details of this project and a workshop would be very helpful to him. Ci y Manager Betsy Adams, expressed her concern with having 3 public meetings with the heavy schedule that is ahead of us. Mr. Slaten, stated that they can come to the workshop with a time line so that residents know what is coming with the building of the store. CC-2010-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 3-0-0-1 (COUNCiLMEMBER SANDOVAL ABSTAINED), to approve the second reading of an Ordinance of the City Council ofthe City of Grand Terrace, County of San Bernardino, State of California Adopting Development Agreement 09-01 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan with the following additions: 1. That a full report on the status of the landscaping project for the south wall and the La Paix street widening and the plan of action for keeping the Council, residents and neighborhood informed of the process. 2. A time Line with action items of what the process will be between December 2010 and September 2011 with the proposed opening date of the Stater Bros. provided to the Council. 3. Look at having Public Information meetings on the status of the Stater Bros Development at the public workshop between the City Council and representatives from Stater Bros. in January, 2011. Council Minutes 12.' 14.'2010 Page 15 NEW BUSINESS 8A. Consider Options to Fill Vacant City Council Seat Laura Austin, 12356 Michigan, supports filling the vacancy by appointment. She supports the appointment of Sylvia Robles. Thelma Winkler Beach, 12570 Mt. Vernon Avenue, supports holding a special election to fill the vacancy. Cynthia Bidney. 12219 Pascal, stated that she has not got an answer from anyone as to how the South wall is going to be handled on the Barton Road project. She is looking for truth on the project and supports open government. She supports filling the vacancy by appointment and supports Sylvia Robles to fill that seat. Jo Stringfreld, 22273 Barton Road, supports filling the vacancy by appointment and supports Sylvia Robles to fill that seat. Patricia Farley, 12513 Michigan Street, supports filling the vacancy by appointment and supports Sylvia Robles to fill that seat. Gilbert Hernandez, 22997 Orangewood Court, supports filling the vacancy by appointment. Supports appointing Sylvia Robles to fill the vacancy. Betty Guzman, 23202 Glendora Drive, supports filling the vacancy by appointment. She supports the appointment of Sylvia Robles. Herman Hilkey, 23196 Glendora_ Drive. supports filling the vacancy by election unless the Council can agree upon someone who is independent. Anne Wade Hornsby, 22656 Brentwood Street, supports filling the vacancy by appointment. She supports the appointment of Sylvia Robles. Debra Hurst. 22950 Orangewood Court, supports filling the vacancy by appointment. She would like to see Sylvia Robles appointed to fill the vacancy. Jim Pollard 22757 Palm Avenue supports filling the vacancy by appointment. He supports the appointment of Sylvia Robles. Rita Schwark, 21952 Grand Terrace Road, supports filling the vacancy by appointment. She feels that Sylvia Robles should be appointed to fill the vacancy. Council Minutes 12114/2010 Page 16 DeDe Sternberg, 12215 Michigan, stated that she would like to be appointed to fill the vacancy on the Council. Wa a Whij2ple. 12090 Rosedale Avenue supports holding a special election. Terry McGuire, 22525 Franklin Street, supports holding a special election. He feels that there were plenty of qualified candidates that could be considered and questioned if applications would be accepted and if people could be interviewed in the event that the Council should choose to fill the vacancy by appointment. Bobbie Forbes, 11850 Burns Avenue, supports holding a special election. Jeff -re McConnell Walnut Avenue supports holding a special election. He stated that he spoke to the ROV and they told him that there was an election coming up in the Summer and that combining our election with that one could lower the cost. He encouraged staff to look into that possibility. He feels if an election can be done for less than $5,000.00 that is what the Council should do. Mayor Pro Tern Garcia, feels that this is a very important item and takes everyone's comments to heart. She has given a lot of thought to this item and she feels that the four council members will work together and do what is best for the City. In her heart she feels that the fair thing to do and the best thing to do is to let the people decide. Councilmember Sandoval, feels that it is unfortunate that there is two camps. There are members of a group that feel that Walt, Sylvia and himself are determined to continue the embarrassment of the City and are deeply afraid. There are people on the other side that want the reform, change and transparency. How do you reconcile these two groups. That is the challenge that they face as Councilmembers. He questioned how do they come to an agreement in such a short period of time when there hasn't been relationships built between the Council Members. He feels that we don't need more hostility. They need to begin governing. The fiscal conservancy in him says that there is no way he can support spending $50,000A0 on a Special Election. He stated that if there is a way to do it in the summer and be cost effective then could support that. From the Council Report that he has read that does not seem possible. If it is a possibility then he feels they should look into it. Ci y Manager Adams, stated that staff would have to check with the Registrar of Voters Office. Staff can check with them and Council could schedule a special meeting for early next week. Councilmember McNaboe, stated that her initial concern with a Special Election is the cost. On the surface is seems that the most expedient thing to do would be to appoint, however, what she has seen in the community is that the citizen's decided that they didn't want their Council Minutes 12l1412010 Page 17 City Council Members choosing among people that were elected that would be the Mayor and that is why the Mayor is directly elected. To her that is a shift in the trust on who was sitting on the dins. In the history of vacancies the Council has traditionally filled them by appointment. There has been a change and the decision was made to go to Special Election and to her that means the precedence has been changed. She is unsure that the community will truly trust who the Council would choose to appoint. From what she is hearing, there are people who really want to choose who their representatives are. She questioned what the threshold is for what is too expensive and what we are willing to spend in order to have our community members believe that they are being represented. If we can have an election that does tie to another one she would really like to do that. If a special election is decided on she would like to do it by mail. She is unsure that the four council members could come to an agreement on who to appoint for this particular position. If the Council does not appoint someone or call a special election then the seat would sit vacant. Mayor Stanckiewitz, stated that he is a business man and every dollar counts in his business. He stated that he has a problem taking $30,000.00 to $50,000.00 out of reserves for a special election. He stated that the Council is going to have a tough time balancing the budget next year and we are going to be drawing out of the reserves. He does not know how long this economic downturn is going to continue but he really does not want to jeopardize our ability to continue to balance our budgets by taking $50,000.00 out for a special election. He feels that the voters spoke this past election. Three out of the four have been selected by the voters to make decisions on their behalf. They have entrusted their confidence in the Council to make a decision to pick the right person to fill the seat. He is confident that the Council can work together and do this. He feels that independent critical thinkers need to be on the Council. People who aren't afraid to make waves, ask questions and aren't afraid to make things uncomfortable for others if that is what it takes to have the frank discussions and decisions that are in the best interest of the City. He feels that this election has awakened the community to be involved and he would like to give the community the opportunity to tell the Council. Every other City that has a vacancy is filling it by appointment. He has received a -mails and phone calls from residents who feel the same way. Councilmember Sandoval, stated that he has received a -mails who are very strong on both sides. The real challenge is the level of trust. He feels all the people of Grand Terrace need to be represented in order to move this process forward. He would hope that the Council can come to an agreement and appoint someone. He feels that all of the council members share a common cause. CC-2010-100 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER 0 SANDOVAL, CARRIED 4-0, to direct staff to call the Registrar of Voters to investigate the possibility of having a special election in August that was brought up by Jeffrey McConnell and to call a special meeting as soon as we receive an answer. Council Minutes 12 '14; 2010 Page 18 SB. Appointments to Various Regional Government Organizations Mayor Stanckiewitz stated this item will be tabled to the Special Meeting that will be called next week. CLOSED SESSION - None Mayor Stanckiewitz adj ourned the meeting in memory of Ray Abril Jr., at 11:10 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, January 11, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 11