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02/08/2011CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - FEBRUARY 8.2011 Joint Workshop Cily Council & Planning Commission PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Doug Wilson, Planning Commission Chairman Matthew Addington, Planning Commission Vice -Chairman Tom Comstock, Planning Commissioner Robert Bailes, Planning Commissioner Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director __ Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director ABSENT: John Harper, City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriffs Department Rick McCIintock, San Bernardino County Fire Department A joint workshop of the City Council and Planning Commission of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, at 4:30 p.m. 1. Canal Village Affordable Housing Complex Sandra Molina, Senior Planner, indicated that this is a Public Workshop not a Public Hearing. The purpose of this workshop is to discuss the proposed Canal Village Apartments and to provide direction to staff. She reported that advisory notices were provided to surrounding property owners as well as to the Manager of the Highland Apartments. She indicated that staff has been working with Mr. Darryl Moore of Aegis Builders on the development of a 23-unit affordable housing rental complex at 11695 Canal Street. The project promotes several policies of the Housing Element. The Housing Element is updated every five years. The last Housing Element was adopted on April 21, 2011. The Housing Element is updated every five years to coincide with a Regional Housing Needs Assessment (RHNA) which is conducted by the Southern California Association of Governments (SCAG). The RHNA considers the anticipated population growth in the Region, and Council Minutes 02/08/2011 Page 2 assesses each city and county an allocation of that growth by household income levels. Part of the Housing Element is looking at the City's housing needs, the existing housing stock, resources and constraints to housing, and land availability. Land availability ties directly to the RHNA allocation. A housing plan is provided on how the City will accommodate the need. The Housing allocation is 329 units, which is for the cycle 2008-2014. The land inventory showed that we are accommodating most of the requirement with the exception of 37 units. It is assumed that the market will provide housing for the above -moderate income household category which will account for 10 units. She indicated that HCD has required the City to identify R-3 zoned sites that could accommodate additional units and that could be re -zoned to a density of 20 units per acre before they would approve the Housing Element. The City identified two sites that could be re -zoned, and adopted a housing program that the sites would be re -zoned to a density of 20 dwelling units per acre. One of those sites is the locations of the proposed Canal Village Project. One of the factors that facilitates this site for affordable housing is that it's owned by the Agency. She explained the income limits for affordable household levels and how it relates to the maximum rental rate. She stated that the proposed project would meet and promote housing elements policies that have been adopted. She also indicated that this project was identified as a potential housing program for the use of the Low/Mod Housing Funds under the Community Redevelopment Agency Five -Year Implementation Plan. As far as the proposed project goes, the applicant has submitted a full application packet for the project. In doing so, the applicant has expended considerable resources and additional resources will be required to respond to the City's requirements for additional information and revisions to the plans, including the various agreements that are required when Agency assistance is provided. Prior to expending further time and resources, there are key questions that must be resolved so that the applicant can refine the site plan and documents. This workshop is to discuss those broad, overarching questions. Specific project analysis and details would be a part of subsequent public hearings. The project is 23 units and anticipates to have one, one bedroom unit, which will be the manager's unit. The rest will be two bedroom and three bedroom units. There is a recreation room, covered barbeque area, tot lot, and 46 parking spaces are being provided. Staff is researching whether elevators are going to be required. The applicant has filed several necessary applications for development of the project. The applicant is requesting the approval of 23 units, which the City has the authority to grant a density bonus greater than 35%. The applicant is also proposing to construct four 3-story units within the permitted height limit of the 35 feet for the zoning district. Staff feels that given the project location and the surrounding multiple family Highlands Apartments, the three-story concept is appropriate at the location. They have also requested a reduction in the landscaped area due to the site layout. Staff is asking Council and the Commission to give them a consensus on how they should proceed. Commissioner Matthew Addingtonquestioned if the Gage Canal is the right-of-way owned by the Canal Company or is it an easement over the land. Council Minutes 02f08-:2011 Page 3 Senior Planner Molina, responded that the property is owned by Riverside Utilities. Commissioner Addingign, questioned if there was any possibility of them allowing landscaping of the Gage Canal to go towards the required amount of landscaping. Senior Planner Molina, responded that to fulfill the requirement of the landscaping it is suppose to be on the property itself, however, they were given permission to landscape and it gives continuity to the project. Councilmember Darcy McNaboequestioned if the 46 spaces included visitor parking. Senioir Planner Molina, responded that State Law does not require additional parking for guests. Councilmember McNaboe, stated that she has a problem with not providing guest parking and questioned if Canal Street is wide enough to have people parking along it. Director of Building and Safety/Public Works Richard Shields, responded that he believes that the fire department is requesting a red curb because there isn't a secondary access for this project. Mayor Walt Stankiewitz, questioned if there is a way to access some of the Edison Property across the street for some additional parking. Director of Building and Safely/Public works Shields, responded that most of that is taken up by the 215 right of way, indicating that they are going to be building a new bridge in that location. Senior Planner Molina, stated that she realizes that the parking is a concern and indicated that she is not 100% clear on what the City is limited to based upon State Law. She stated that she will get clarification from the City Attorney. Planning Commission Chair Doug Wilson, stated that he believes that other cities have interpreted the State requirements and use a more streamline version by determining how many square feet you have to provide how many parking spaces for. He knows the financial circumstance when you are in a low or very low income project. He is impressed that the applicant was willing to take on all the additional costs to be able to do all the filing they have and to go this far in the process. As far as the three story height, he feels that this location is well suited for what is adjacent to the property. He feels that it is a quality project given what they have to work with. U Councilmember Gene Hays, stated that based on his observation the Highlands Apartments Council Minutes 02/08/2011 Page 4 appear to be terraced and feels that the proposed project buildings would fit well with the terraced affect of the apartments. He feels that it is a good project based on the lot shape and size. Councilmember Bernardo Sandoval, feels that the project looks good based on the piece of land available. He questioned what guarantees the City has that there will be a competent property manager to ensure that proper back ground checks are done. He questioned what the annual requirement is going to be from the RDA to provide assistance. Communily and Economic Develol2ment Director Joyce Powers, responded that when the RDA agrees to provide assistance to meet the goals in providing affordable housing to the community, there are a lot of extra legal documents that come with that one being a Regulatory Agreement and another a Disposition and Development Agreement. The Regulatory Agreement is the agreement that sets up the annual auditing and how units have to be provided in certain income ranges and what the property management and maintenance standards are. City Staff would have to audit the project on an annual basis. Councilmember Sandoval, questioned if the City is protected in terms of making sure that felons are not moving in. Community and Economic Development Director Powers, responded that it could be a requirement by virtue of the RDA providing the assistance. We are so early in the process, staff has not spent a lot of time or money on the documents but she has met with Daryl regarding that issue and he is aware of the extra steps and requirements to accept the funds. Planning Commissioner Robert Bailes, stated that he has looked into the Crime Free Multi Housing Program that is provided by the Sheriffs Department, which should provide the protection that Councilmember Sandoval was requesting. Communily and Economic Develo ment Director Powers, stated that it could be made a requirement in the agreement. Mayor Stanckiewitz, questioned if they are going to just build the complex or will they be providing the management as well. Mr. Daryl Moore, Aegis Builders. Inc., stated that they haven't worked out the final details, however, it would be a management company. He stated that he lives on Minona Street in Grand Terrace. He stated that this property was originally purchased to build ten free standing condos on it. Staff approached him indicating that the City needed to comply with its affordable housing requirements and stated that his property would be a perfect piece of property. He stated that a 23 unit project is tough to do but would like to move forward with it. 0 Council Minutes 02/08/2011 Page 5 Councilmember McNaboe, questioned how they will keep the cost of utilities down with the utilities being included in the rent. Mr. Moore, responded that they would design the building to be efficient and that any excess in use would be the renters responsibility. Councilmember McNaboe, questioned ifthere will be a maximum number of people that can Iive in each unit. If student's qualify for low income, traditionally they become multiple parties per room to further lower the rent which raises the need for more parking and other amenities. Mr. Moore, responded that he doesn't have an answer for her. He said that it is sometimes hard to limit that. Councilmember McNaboe, stated that she would be interested in knowing if that could be an added restriction. She feels that it is a beautiful project but feels that the parking is going to be an issue. She questioned if this workshop was a result of a list of items that the Planning Department was going to be required to be changed. Mr. Moore, responded that the Planning Department didn't necessarily have a problem with the Project but because there was a Council change they felt that they needed guidance. Councilmember Hays, questioned what percentage ofthis project will the company be asking the Redevelopment Agency for assistance with. Mt. Moore, responded that it is roughly 80% of the project. He stated that it is not just his company, it would be any company that would come into the City to build a project like this. Community and Economic Development Director Powers, stated that they are following a time track to hopefully having a good solid application to submit for home funds in October 2011, which is why staff wanted to discuss some of these issues. The assistance per unit is typically high in these types of projects. They are seeking Federal Funds and they need to know that the project is supported by the City. She has audited annually these types of projects before and you catch the overcrowding. She also stated that she hears the concerns of the parking. Mayor Stanckiewitz, questioned where the affordable housing funds will go. Community and Economic Development Director Powers, responded that the funds that they anticipated allocating to this project are what they have now. They would want to enter into an agreement with Mr. Moore that will secure that funding. She stated that typically you enter into an disposition and development agreement before you enter into escrow. Council Minutes 02/08/2011 Page 6 Mayor Stanckiewitz, questioned if moving this along will protect the low/moderate housing fund so that it is going to be there when we need it. Community and Economic Development_ Director Powers, responded that it is her understanding at this point that if the funds are contractually obligated then the Stated would not take those funds. Mayor Stanckiewitzquestioned if this project is being fast tracked due to what is going on with the State. Community and Economic Development Director Powers, responded that in their view it is not considered a fast track. Staff has been discussing this project for quite some time. Chairman Wilson, stated that this entity has filed a specific plan and a site assessment, a zone change, a General Plan Amendment and an Environmental Review Application. They are way along with the process. What they are looking for is a consensus that the number of units, the height and the landscaping concept is a final. He knows that the latest budget showed that there was over one million set -aside for this particular item in that 20% set - aside. Councilmember Hays, questioned who the parties are in the contract for the environmental work. Senior Planner Molina, responded that the City of Grand Terrace and the Environmental Consultant that was selected after an RFP Process, which is Lilburn Corporation. The cost of the environmental work is paid for by the applicant. Councilmember_Hgys, stated that he was questioning this because he was looking for additional ways that the City would be able to make the argument that those funds have been committed in the event that the Agency decides to de -establish. Community and Economic Development Director Powers, stated that the City could enter into an exclusive negotiating agreement until such times those documents are prepared. Chairman Wilson, feels that there aren't many alternatives for adding additional parking. Jeffrey McConnell. 21758 Walnut Avenue, stated that there is a care program available program for low income individuals that gives them a significant discount on utilities. He stated the maximum number allowed in a dwelling is 2 people per bedroom per the State. He suggested having a bus stop near the project if possible. He stated that there was a public meeting regarding this project some time ago and the Manager of the Highlands Apartment at that time did not have a problem with this project being three levels. He stated that he Council Minutes 02,'08'2011 Page 7 believes that we are still required by the State to build 27 low to moderate income housing units. He questioned what would happen if we do not comply with the housing needs. Community and Economic Development Director Powers, responded that it would have to be built by 2014. 1f it is not built they are unsure if there would be any fines. Mr. McConnell, 21758 Walnut Avenue, stated that what he is hearing is that there are several reasons to get this project moving forward. He has supported the project all along. Charles Hornsby, 22656 Brentwood Street, stated that he is not against this project but feels that it has not been presented honestly. When the math is done and you put 23 units on .83 acres it is 27 units per acre. He feels that they should base their decision on that. He feels that it is really crowded. They are going to have to do whatever they can to make this project look better. He doesn't feel that it is fair for the builder to ask the City to pay the tab and at the same time sacrifice the standards. He feels that the parking is way under the limit. He would be hard pressed to walk around this town and find a family that doesn't have more than two cars. He would like the Council to go by the real numbers when making their decision. Mayor Pro Tem Lee Ann Garcia, stated that her concern is with safety. She would like more information on the lighting and landscaping. She would like to see the Sheriff's Department review the plans from a safety perspective. She expressed her concern with half of the open space being allowed. She questioned who was notified regarding this workshop. Senior Planner Molina, responded that Staff notified the Highlands Apartment and surrounding property owners and extended the notification to the neighborhood east of Mt. Vernon. Mayor Pro Tem Garcia, questioned if they notified the property owners on Newport. Senior Planner Molina, responded in the negative. Mayor Pro Tem Garcia, feels that it would have been helpful to know the fiscal impact. She would like more fiscal analysis that would show what the City's commitment would be and what they will be able to receive from the County. Community and Economic Development Director Powers, responded that it would be Staff s next step to provide that information if the Council is ok with them moving ahead. Councilmember Sandoval, questioned if this was going to be a gated community. Senior Planner Molina, responded in the affirmative. Council Minutes OV08/2011 Page 8 Mayor Stanckiewitz, questioned what staff is looking for from the Council and Planning Commission. Senior Planner Molina, responded that they are looking for a sense that the three story concept would be workable, that the unit count is something that the developer can move forward with as well as the landscaping concept. Those three design items are critical in how this project lays out. She is getting the sense that the Commission and the Council, as far as these design concepts, aren't overly problematic. She realizes the parking is something that they are going to have to look into. Based on what she is getting from the Council and Commission they will move forward with what they have and begin the public review and public hearing process. Communi1y and Economic Development Director Powers, stated that with the other issues we have to consider staff will talk to the City Attorney about putting together an Exclusive Negotiating Agreement to secure that right with Mr. Moore. Chairman Wilson, supports the number of units and the number of stories and the relative height and the landscaping concept as it was proposed. It was the consensus of the Council and the Commission that the three story concept is workable, the unit count is acceptable as well as the landscaping concept. 0 Mayor Stanckiewitz closed the Joint Workshop at 5:38 p.m. 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 February 8, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tem. Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, 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 Council Minutes 02.1:08; 2011 Page 9 ABSENT: None The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary the Brook Church, followed by the Pledge of Allegiance led by Councilwoman Darcy McNaboe. ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Colton High School Football Team Recognition Mayor Stanckiewitz announced that the Colton Yellow Jackets Varsity Football Team won the 2010 CIF Southern Championship and recognized them for their Achievement. He presented the team with a Certificate of Recognition. He introduced Richard Bray, Sr., Head Coach. Richard Bray, Sr. Head Coach, introduced his staff and players. 1 Councilmember Bernardo Sandoval, thanked Frank Ybarra from the Colton School Board and Roger Kowalski from the Colton School Board for coming. He stated that they are always welcome regardless of what Gil Navarro says. The Board is important to the City and they value the relationship and is looking forward to having a healthy working relationship with the Board. 2B. Recognition of Winter Storm Emergency Response Workers Mayor Stanckiewitz stated that a severe winter storm hit the City on December 22, 2010 closing two main access roads causing over $400,000.00 in damages. Volunteers were activated to assist the City and the Sheriffs Department in responding to this storm. The Community Emergency Response Team (C.E.R.T.) from the City and an Explorer for the Sheriff s Department rallied around us. These volunteers filled sandbags, directed traffic and assisted staff and contractors in responding to the flooding and mud slides caused by the Storm. On behalf of the City Council he thanked the Staff and volunteers for their efforts in responding to the winter storm. He presented the following with a certificate of Appreciation: Tanner Larson, Sheriff s Explorer Jeff Allen, CERT Randy Halseth, CERT Tom Roberts, CERT Jim Stamm, CERT Mil Herman, CERT Joe Borelli , CERT Phil Spisak, CERT Joe Ramos, CERT Helen Ramos, CERT Sue Taylor, CERT Ken Smith, CERT Andy Sandiford,CERT James Monroe, CERT Debra Hurst, CERT Nina Mendoza Richard Shields Barrie Owens Council Minutes 02/08/2011 Page 10 Bernie Urrea, CERT Lynette Sandiford, CERT Greg Torres Matt Wiry Mike Cruz Angel Agudo CONSENT CALENDAR CC-2011-10 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of Items 3A., 3C., and 3E.: 3B. Waive Full Reading of Ordinances on Agenda 3D. Amendment to Waste Delivery Agreement Between the City of Grand Terrace and the County of San Bernardino 3F. Resolution Making Certain Findings and Authorizing the Use of Agency Funding for the Reconstruction of Mt. Vernon Avenue During Fiscal Year 2006-2007, Thereby Reducing the Amount Owed to the Agency by the General Fund by $819,235.00. 3G. Potential Fiscal Impacts of Governor's Proposed 2011-12 Budget ITEMS REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register No. 02-08.2011 Debra Hurst, 22950 Orangewood Court, feels that it is very slow to get answers from City Staff. She stated that Jo VerheIle has been helpful trying to get answers but there are still a couple that have not been answered. She questioned Voucher # 66312. She feels that when Councilmembers are sent to Sacramento it should be questioned whether it is required or is it something that can not be done local. She questioned Voucher #66324 in the amount of $13,789.23 to Burrtec Waste and questioned what it is for. She questioned Voucher #66337 to Houston Hands in the amount of $10,197.50 and questioned if this was on City property or is it private property. If it is not City property, will the City be getting reimbursed from the property owners. She questioned Voucher 466354 in the amount of $315.00 for Eden Support and questioned what it is for. CC-2011-11 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to approve Check RegisterNo. 02-08-2011. 3C. Approval of Minutes of 01-13-2011 and 01-25-2011 CC-2011-12 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 5-0, to amend the January 13, 2011 minutes as follows: Council Minutes 01081201 I Page 1 I On Page two City Manager Adams continents: City Manager Adams, responded that staff will have more specific information as the park plan is finalized. Based on staffs reduction of maintenance to $10,200.00, due to requested elimination of restrooms to the parr plus the neighborhood's willingness to assist with opening and closing the park among other items, staff`' believes based on knowledge today, the City can maintain the parr even with the dire budget options. 3E. Senior Center Kitchen Remodel CC-2011-13 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to appropriate $24,985.38 from the unencumbered Redevelopment Capital Project Funds to the Senior Center kitchen project account to fund change order and provide an additional 8.5% contingency. PUBLIC COMMENT Denis Kidd, 22874 Pico Street, is representing Friends of Blue Mountain and invited everyone to the Fourth Annual Blue Mountain Hike on Sunday, March 13, 2011. Jo Stringfield, 22273 Barton Road, stated that a few meetings back it was discussed to pull the property east of her property out of the Agreement with Jacobsen and she has since talked to Community and Economic Development Director Powers who told her that her property will be pulled out as well. She is pleased this may give her more options with her property. Anne Wade -Hornsby, 22656 Brentwood Street, stated that Pigeon Pass road although has been closed for quite some time will eventually be opened. It is on the General Plan for Riverside County to be opened, meanwhile a housing development has been put in place and the High School is going to be opened soon and an inclusive 120 acre development plan to go around the High School called Grand Crossings. She presented information to Council regarding future traffic that is being proposed by Riverside County so that Council is aware of the impact that it will have on Grand Terrace. Charles Hornsby, 22656 Brentwood Street, reported that he took a walk to what is slated to be the Dog Park. He walked it and all it really needs, in his opinion, to start with is to clean up the debris on the lot. He feels that 10-12 volunteers could remove the debris easily in a half day. The other thing it needs is some fencing. It would also need a couple of benches. There are nice shade trees on the lot. The last thing it would need is water. His question to the Council if they could begin to do this if they felt that their efforts would be rewarded by it becoming a joint effort between volunteers and the City. Council Minutes 02/08/2011 Page 12 COUNCIL REPORTS Mayor Pro Tem Lee Ann Garcia, suggested that anyone who is considering the walk up blue mountain should start conditioning for it. It is a beautiful walk. She reported that the City got hit pretty hard by graffiti. The Code Enforcement Officer works with the Sheriffs Department to try and find who is doing it. When graffiti is done on private property it is the property owners responsibility to remove it and sometimes it takes longer than it would if the City were able to remove it. She thanked the local paper for the recent coverage of graffiti. She reported that she attended a tour ofthe Grand Terrace High School with Councilmember Hays. The property that is right on the comer is not going to be developed but there will be fencing all around the property. There are a couple of issues that staff will need to work on with them regarding reclaimed water and improvements to the streets in order to make it safe for buses and vehicles. The campus is very big and she is concerned with safety and would like to see safety cameras installed. And last is the railroad crossings that will need to be looked at. She questioned if staff is working on a joint meeting with the City Council and the Colton Joint Unified School District Board to discuss some of these issues. Councilmember Sandoval, reported that the last few weeks have been very intense because of RDA and what it means to the City. He appreciates staff's efforts in putting together options for Council. He stated that there are Councilmembers looking at every option and they are not Iimited to how things were done in the past and everything is on the table and they are looking at every possible option to resolve the situation that we are in. Little League is holding their opening ceremonies on Saturday, February 12, 2011. Everyone is invited to attend. He feels that these are interesting times and appreciates the commitment of the Councilmembers to engage in processes that are new to them and not comfortable. They are committed to doing whatever it takes to save the City. He requested that staff set up a joint meeting with Highgrove MAC to discuss the issue that was brought up. He feels that the project is a fundamental risk to Grand Terrace. If that traffic is moved in the way that it is being recommended he is afraid that Grand Terrace will become a Reche Canyon. Cily Manager Adams, responded that Highgrove is not a City, it's part of Riverside County and the MAC is an advisory committee. She would need to do some research to understand the issue to see where the push is coming from. Our efforts may need to be more directly with the County. Councilmember McNaboe, reported that she enjoyed the opportunity to go to Sacramento on behalf of the City on Thursday, February 3, 2011. She joined over 100 other cities in speaking with the sub -committee for the Senate specifically for budget and fiscal review and looking at Redevelopment Agencies. With the exception of one person, everyone in the room had their reason, their take and their story of how redevelopment has helped their community or their unincorporated areas or their county areas. She feels that it gave the Senators a really good perspective on the usefulness of Redevelopment Agencies. It is easy Council Minutes 1 1 02/08i2011 { I Page 13 t--� for State level to look at Redevelopment Agencies as taking their money but when you really start to hear the stories of where it has been put to use for low cost housing, needed infrastructure in certain local areas, especially for small cities, it really paints the picture that this isn't money that's just being taken to build things that are nice but not necessary. They voted to keep this issue open to their larger committee. She is really hopeful that the discussion will cut across party lines and that they will start to realize that Redevelopment is something that is helpful to the State, even though the money stays locally it really is helping them with infrastructure. It will end up costing them money to provide these services and infrastructure projects. They will just have to do it in a different way. Hopefully they will look at the cost of doing these projects in a different way and really give a good fiscal accounting of what those alternatives can be. She would like to talk about accountability, visibility, and accessibility. The issue has been raised before in public comment regarding questions that are asked by the Community in the Chambers and then addressed later. It makes sense that they are addressed later so that they can be fully researched. The question was raised is there a way for those answers to be made available some how to other members of the community. She takes that question further and say if there are people that come to the counter asking for information, perhaps some of that information is information that should be available to anyone in the community as well, especially if it is something that staff needs to take the time to research. She has questions regarding what is standard practice in the City when answering questions to the public. Where is it defined what is an adequate amount of time needed to answer some of the questions. She feels that we as a community need an opportunity to come to some definitions what we feel is adequate time and what their expectations truly are and if they are realistic expectations. She suggested two things one being can Staff make some recommendations based on the current resources, for a way that we can make answers to questions asked available to the whole community. She also asked to have a workshop to discuss the idea of the way we get answers to questions in the City and what is adequate time to prepare those answers and what the expectations are so that we know the staff has an opportunity to meet those expectations without feeling like they have to drop everything they are doing at that moment to service a questions yet still be responsive. Second item is visibility. Technology has been briefly discussed to allow visibility into the Council proceedings but then it also would take the accessibility to information within the City to a higher level to make it easier for a citizen to access information, which doesn't come without a cost. She would like the Council to consider that perhaps there is a technology task force, community citizens, that could help to give an assessment of what our current technology capabilities are and help them to define the goals for the future so that we have a direction on where to go and set priorities. With that it would enable us to at least look for grants that might allow us to get there with funding opportunities. Thirdly is accessibility. This issue really addresses the idea of physical accessibility. Accessibility for people that have difficulties with their physical abilities that would preclude them from participating fully in this forum. She feels that we keep out people that can not come downstairs and have a difficult way of navigating the doors in the building. She feels that there are accessibility issues as a whole in the City. She would like Council Minutes 02/08/2011 Page 14 to look at a task force to help access and suggest ways to address physical accessibility in the City. Councilmember Hays, stated that everyone who attends the Council Meetings, including Council, is very passionate about the City and we all want to make sure that the City is moving in the right direction. One thing that we need to be aware of is that when we come to the Chamber for these meetings, there could be individuals in the audience that may have an opportunity to offer the City. It could be a business, a high revenue potential business. He would just ask that they be aware of how they conduct themselves and ask questions and address concerns in these meetings. You never know who we may turn off as a potential investor or business partner in the City. Mayor Stanckiewitz, reported that on Thursday, March 10, 2011 from 5:00 to 7:30 p.m. is the Colton Chamber of Commerce Tri-City Mega Mixer and Business Expo will be held at Ashley Furniture. He reported that he received an e-mail from Senator Dutton's office regarding a FEMA briefing set by those affected by the storm. He requested that the information be made available on the website. He reported that there was a closed session held on January 25, 2011. In the closed session there were two items, conference with Legal Counsel regarding existing litigation GC54956.9 Chambers Group and Labor Negotiations and Council reported that there was no action to report. Tonight he is reporting that there has been some action regarding the items and requested that the City Attorney explain the actions that came from item A. City Attorney John Harper, this was a law suit that was file by Chambers Group. They were employed by the City to perform services related to the preparation of an Environmental Impact Report for the General Plan. Over a fairly lengthy period of time as a result of changes in the law and simply the passage of time, there were a number of change orders which were submitted in a group by the City Council. City Staff felt fairly strongly that we weren't getting the quality of service and that in fact staff was performing quite a bit of the work themselves. They were feeling that the amount that was being charged by Chambers was excessive as a result in large part by their staff. Staff felt that it was appropriate not to pay their final invoice. The result was a claim and ultimately a law suit. The Claim was for $52,000.00. After negotiations with the Chamber's Group, they have decided to withdraw their claim and enter into a settlement agreement, which essentially they are walking away. That was the only outstanding litigation currently in the City of Grand Terrace. PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS Council Minutes 02;'08,2011 Page 15 8A. Section 125 Plan CC-2011-14 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to adopt a Section 125 Flexible Benefit Plan Agreement, adopt a Resolution Adopting a Health Flexible Spending Arrangement and Authorize the City Manager to sign Broker of Record Designation with Keenan & Associates. 8B. First Quarter and Second Quarter Financial Review CC-2011-15 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to accept and file the first and second quarter financial review for fiscal year 2010-11. CLOSED SESSION - None Mayor Stanckiewitz adjourned the meeting at 8:50 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, February 22, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace