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02/23/2006CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - FEBRUARY 23, 2006 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 23, 2006, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes, Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, CounciImember Tom Schwab, City Manager Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Hector Guerra, Sheriff's Department 0 ABSENT: Larry Ronnow, Finance Director Gary Koontz, Community Development Director The City Council meeting was opened with Invocation by Pastor Roberto Garcia, Terrace Crest Baptist Church, followed by the Pledge of Allegiance led by Mayor Pro Tern Cortes. 1. Conduct Interviews and Consider Making an Appointment to Fill a Vacancy o►onn the Planning Commission Mayor Ferr6 announced that the following is a list of individuals that Council will consider for making an appointment to the Planning Commission to fill the vacancy that currently exists: Frank Roppolo Robert Stewart Janice Martin Brian Phelps Jeffrey Allen Dani Bubier Brian Remarz Margie Miller Darcy McNaboe CC-2006-16 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to appoint Darcy McNaboe to fill the unexpired term on the Planning Commission and Brian Phelps to fill the next vacancy that occurs. Council Minutes February 23, 2006 Page 2 ITEMS TO DELETE - None SPECIAL PRESENTATIONS A. National Child Passenger Safety Week - February 12-18, 2006 Councilmember Garcia read a proclamation proclaiming the third week in February, 2006 as "Child Passenger Safety Week" in the City of Grand Terrace and encourage all citizens to perform and support child passenger safety practices. Penni Overstreet -Murphy, Fire Prevention Specialist, San Bernardino County Fire Department and member of the Traffic Action Safety Taskforce, gave a brief presentation on child passenger safety and the importance of it. CONSENT CALENDAR CC-2006-17 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of item 3C.: 3A. Approve Check Register Dated February 23, 2006 3B. Waive Full Reading of Ordinances on Agenda ITEM REMOVED FROM THE CONSENT CALENDAR 3C. Approval of 01-26-2006 Minutes CC-2006-18 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the January 26, 2006 Minutes with the indicated correction. PUBLIC COMMENT Patricia Farley, 12513 Michigan Street, expressed her concern with the expansion of the trucking business on Michigan. She realizes that all of the members of the current Council may not have been a part of the decision, however, Council Members have the obligation to become informed. She stated that Mr. Swertfeger is expanding his business and has violated more than one of the conditions. She stated that he has requested a permit to continue to expand and build on that property. She feels that the Council needs to listen to the complaints and understand them. She feels that this business should not be allowed to expand but it needs to be completely removed. Trucks come in and out of the business at all hours. She requested that the City hire a good attorney to protect the residents with regards Council Minutes February 23, 2006 Page 3 to this business. Bill -Hays, 22114 De Berry Street, in the last several weeks the teenage gang that runs Michigan and DeBerry Street has been converging after 1:00 a.m. There have been a couple of times I have called the Sheriff's Office when the subjects were entering the back yard of my neighbor. The response time once was about 40 minutes and the second time the same early a.m. night was not at all. I confronted them myself and just before they split up and ran, here is the sprinkler head they broke off and threw at me. These subjects wear black hooded sweatshirts and pull the hoods over their faces. Even if it weren't pitch black you would be unable to give a description other than height. I pay about $80.00 a year for a 75 watt street light on Michigan. The corner of Michigan and DeBerry are where these punks congregate and then do their mischief going east on DeBerry. Two weeks ago I had to call my neighbors, the owners of Stonewood Construction and have Gary turn on his outside lights because several of this little gang had entered his property. As soon as the lights came on they ran. My other neighbors, the Leathers on Michigan and the Smiths on DeBerry were victims of auto burglaries, neither of which were reported to the Sheriffs Department because they felt it would do no good. The Leathers vehicle they attempted to set on fire. My request to the City is that since you won't provide us with adequate protection at least provide us with deterrent. Take three hundred dollars a year of the 24 million dollar budget and install three street lights. One on the telephone pole on the North/East corner of DeBerry and Michigan. One on the next telephone pole going east on DeBerry on the North side of the street and the third on one of the telephone poles between the one described above and our property and Councilwoman Cortes' home. These are dark sections of the street that allow this group to create their trouble. I request the City respond to this request before someone gets hurt by these delinquents. Now at the Council Meeting last month I asked the question, in writing, what is the source of the $24,000,000 in this year's budget? Even when in writing Mr. Schwab did not answer the question. I request he do so this time. Barney Karger, 11668 Bernardo Way, apologized to Jo Stringfield for not listening to her and feels that she is a good member of Grand Terrace. He feels that the City is not doing the right thing and feels that they are not dealing in good faith. City Manager Schwab, stated that the Swertfeger operation pre -dates incorporation of the City and is there as a pre-existing non -conforming use. A metal building was approved some time ago. Staff is negotiating with Swertfeger on their public improvements required for the building of the metal building. He stated that staff will look at putting in street lights in the locations that Mr. Hays described. He feels that he did in fact answer all of the questions that Mr. Hays asked at the last meeting and in terms of a $24 million dollar budget, we have never had a budget of that size. The City's budget averages between 10 and 13 million dollars. He stated that two letters have been sent out to Ms. Stringf eld and one phone call with her attorney so staff is in contact with her. Staff has been in contact for a long time with Mr. Yasin in negotiating for the purchase of his property. He met with Mr. Yasin personally Council Minutes February 23, 2006 Page 4 this week and have a meeting scheduled for next week to negotiate the terms of his sale of the property. Councilmember Garcia, requested clarification on when Swertfeger's business came to Grand Terrace in writing. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of January 9, 2006 CC-2006-19 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the January 9, 2006 Minutes of the Historical and Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of January 3, 2006 CC-2006-20 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the January 3, 2006 Minutes of the Crime Prevention Committee. 3. Crime Prevention Committee a. Appoint Alternate Member (Hurst) CC-2006-21 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to Appoint Debra Hurst as an alternate member of the Crime Prevention Committee. COUNCIL REPORTS Councilmember Hilkey, expressed his satisfaction that staff is putting together a joint meeting with the Planning Commission and the City Council and CRA to discuss the development along Barton Road. It is his desire that it be an open session that allows for more public input than the content of the City Council Meetings. He has asked that the Chamber of Commerce chair or host a meeting that show both developers and they are a little hesitant. His concern with having it at City Hall is that it tends to be another dog and pony show for the City. He is concerned if there are the same restrictions on communications at this meeting that there are at Council Meetings we won't accomplish what needs to be accomplished. His memory doesn't match what he has heard about Swertfeger's business. He would also like to see a thorough report on the origination of that company. He doesn't Council Minutes February 23, 2006 Page 5 remember approving a metal building and feels that it is a filthy eyesore and doesn't understand why we aren't citing them the way we should. He requested clarification on what offers were made to Jo Stringfield. His expectancy after the last meeting was that the process is that we come up with a value and that someone makes an offer for that value and expected to see that fairly quickly. Councilmember Garcia, complimented the new SSS Officer Amber Emon, who is getting on the graffiti issue. She appreciates Mr. Hays' recommendations. Expressed her concern when the Edison line in front of the Highlands Apartment came down and wants to make sure that Edison makes sure the poles are secure and safe. She reported that La Pasta Italia has Ravioli Fridays, where they have different types of Ravioli and encouraged everyone to try it. She said that the owners of Siyaka live in Grand Terrace and encouraged everyone to try their restaurant. She reported that it looks like we are getting an ice cream shop in Grand Terrace, which would be a nice addition to the City. Mayor Pro Tern Cortes, stated that Mr. Larkin had an announcement to make with regards to Riverside Highland Water Co. Don Larkin.1450 E. Washington, Colton, stated that he is representing Riverside Highland Water Company and that the Annual Stockholders Meeting will be held on March 23, 2006 at 9:00 a.m. at City Hall. All property owners are encouraged to attend or to be sure to fill out their proxy. Mayor Pro Tern Cortes, requested that the editor of the Blue Mountain Outlook put that information in the next issue as well as the Child Passenger Safety information. Mayor_Ferre, reported that she will be representing the City of Grand Terrace at the City Selection Committee Meeting on March 1. At that meeting they will appoint a chair and vice -chair for the City Selection Committee and they will appoint a primary member and an alternate member for the Local Agency Formation Committee (LAFCO). She stated that if any of the Councilmembers have anyone that they would like to highlight, please let her know after the meeting. PUBLIC HEARING 6A. Community Development Block Grant (CDBG) Program Year 2006-07 Steve Berry. Assistant City Manager, reported that the City of Grand Terrace is under contract with the County of San Bernardino Department of Economic and Community Development (ECD) who is responsible for the review and compliance of programs conducted within Grand Terrace. This includes not only the conducting of the grant process, but also the administration of project implementation and compliance. The County has a Council Minutes February 23, 2006 Page 6 process which follows the guidelines of HUD in requiring public hearings and input into the grant allocation process for these funds. For Grand Terrace, this includes a public hearing, submittal of recommended projects to ECD who qualifies for the eligible programs, then returns those to the City for prioritization and funding. Additionally, during the grant process, outside agencies may submit projects directly to the County, however, the final determination of the spending of the City allocation is with the purview of the city Council. The City has been notified to expect $54,000 for FY 2006-07. There is a 15% funding limit for public service activities. Staff is recommending the following list for funding: Public Service Projects: 1. San Bernardino County Library, Log No. 32142, continuation of Literacy Education at the Grand Terrace Library Branch. Total request is for $10,000 staff recommends full funding of our maximum public service amount of $8,100. Capital Improvement Projects: 1. City of Grand Terrace, Log No. 32023, New -Install Audible signal devices at Major Traffic Intersections (Preston and Barton, Canal and Barton, DeBerry and Mt. Vernon) in Grand Terrace. Estimated project funding cost $15,000. 2. City of Grand Terrace, Log No. 32024, Hearing Assisted Wireless Station for City Council Chambers. Estimated project funding cost $8,000. Mayor Ferre opened the Public Hearing. Patricia Farley, 12513 Michigan Street, stated that if the public had more access to the staff reports she would be better informed on the options. She commended the Council on getting some of the minutes on the web and hopes that all of them get on there including the Planning Commission and that they are complete and accurate as to what the individuals state. She feels that she has been misunderstood because of her gruffness and introduced who she is. She stated that she is a special education teacher and has a long career in special education and cares very much about kids and knows what to expect from them. As a teacher she has to plan how they are going to move through her room etc. without doing graffiti and fighting. It makes her angry when a developer comes in and insults her intelligence. She feels that she is a good resource for the Council. She feels that when Council is making decisions they rely on staff to advise them and they need to know what the information means that is provided. She is not opposed to libraries, senior citizens, and a high school she is opposed to what has been let loose in the community and feels that the Council does not know what is going to happen and she feels like she doesn't have enough time to tell them. She feels that they should be obligated to listen to the residents for more than three minutes. She requested that the Council make themselves available. She indicated that there is a community awareness group which would be a good opportunity for Council Minutes February 23, 2006 Page 7 the Council to come and meet with and talk to them. Mayor Ferre returned discussion to the Council. Councilmember Hilkev, questioned what happened to the piece of property that they were going to use CDBG funds to clean up. Ci1y Manager Schwab, responded that K&J Plating is about to go bankrupt and the City is doing everything that we can to try and take over the site and clean it up using block grant money. We are negotiating with The State Department of Toxic Substance Control (DTSC) on a mitigation plan, however, the process is very long. Councilmember Hilkev, stated that the audible signal devices can be annoying and questioned if there is a better project to spend the money on. He questioned if the City is allocating CDBG money to the library does the Council have some say so in the running of the library. He feels that it is not going in the direction like it was before and it seems like the City has no control over it. Ci y Manager Schwab, responded that we do not have any direct control. We are giving a grant to the County Library system to operate. He feels that if there was a specific issue that needed to be addressed that they would listen. Councilmember Garcia, questioned if they wanted to further discuss the Audible Signal devices, would there be time. Assistant City Manager Berry, responded that Council is just approving the amount that will be allocated to the project, however, the project can be modified. Mayor Pro Tem Cortes, feels that the Audible Signal Devices are helpful. Mayor Ferre, questioned if Council is approving the amount of money to be funded and the locations will be determined later. Assistant City Manager Berry, responded that the locations were included in the report. City Manager Schwab, stated that staff will go out to bid and will request bids for each intersection so that it is not an all or nothing project. CC-2006-22 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the following list of projects for the allocation of County of San Bernardino Department of Economic and Community Development (CDBG) Funds for the 2006-2007 Program Year: Council Minutes February 23, 2006 Pale 8 Public Service Projects: 1. San Bernardino County Library, Log No. 32142, continuation of Literacy Education at the Grand Terrace Library Branch. Total request is for $10,000 staff recommends full funding of our maximum public service amount of $8,100. Capital Improvement Projects: 1. City of Grand Terrace, Log No. 32023, New -Install Audible signal devices at Major Traffic Intersections (Preston and Barton, Canal and Barton, DeBerry and Mt. Vernon) in Grand Terrace. Estimated project funding cost $15,000. 2. Cityof Grand Terrace, Log No. 32024, Hearing Assisted Wireless Station for City Council Chambers. Estimated project funding cost $8,000. UNFINISHED BUSINESS 7A. Fireworks Sub Committee Recommendation CC-2006-23 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-1-0-0 (COUNCILMEMBER MILLER VOTED NO), to accept the following recommendations made by the Ad Hoc Committee with the understanding that the Ordinance will be approved by the Council: 1. The Committee recommended the City continue to allow the sale of safe and sane fireworks. 2. Modify the sale period to July I" - 0, 9 am - 9 pm (presently June 28, 12 noon - July 5, 11:59 pm) and modify the discharge dates July I" - 41h , 9 am - 11 pm (presently June 28, 12 noon - July 5, 11:59 pm) 3. Increase fines for use of illegal fireworks to the maximum allowable to either $1,000 or $2,000 depending on the City Attorney's interpretation of the maximum allowable by law. 4. Enforcement as recommended by the Sheriff's Department and the Fire Department: Sheriff's : during the sales period (currently 4 days) provide 1 Supervisor, 1 Detective, 2 Deputies, and 1 Evidence Technician; Fire Department: up the staff to 2 engines (8 personnel) on the 3' considering the day of the week the 4' falls on. 5. Maintain the current ordinance that allows only youth sports groups to participate in the sale and continue to limit it to one location. 6. Create a no discharge area in the Honey Hills and the bluff area north of Grand Terrace Road between Mt. Vernon and Barton Road Council Minutes February 23, 2006 Page 9 7. Open parks on the evening of the 4`' of July if fireworks are banned in the above described areas. 8. Committee to meet after the 4`" of July to evaluate statistics on number of calls for service and make any new recommendation to Council if appropriate. 9. Inform residents in all possible media outlets of the new rules and fines. 10. Posters of current notices and fines located at the sales booth. 11. Create an internal tip line for the 4'' of July to direct law enforcement and fire to fireworks related calls. 12. Surcharge of 3% on fireworks sales for partial reimbursement for extra law enforcement. 13. Accept TNT's offer to pay for one day of law enforcement's costs and purchase an ad in the newspaper promoting new rules and fines. 14. Copies of the rules and fines to be handed out at the fireworks stand. 15. Create and man a fireworks booth at GT Days to promote fireworks safety. NEW BUSINESS 0 8A. Cancellation of Council Meeting: March 23, 2006 CC-2006-24 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to cancel the March 23, 2006 City Council Meeting. 8B. Moratorium or Regulation on Amateur Antenna Structures CC-2006-25 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to direct staff to develop an ordinance with regards to the regulation on Amateur Antenna Structures and bring a draft to Council within 45 days and to adopt a moratorium for the interim. 8C. Joint Community Facilities Agreement (JCFA) with Riverside Unified School District, Developer Fee Reimbursement Agreement CC-2006-26 MOTION BY COUNCILMEM 3ER MILLER, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve a Resolution of the City Council of the City of Grand Terrace approving (1) Joint Community Facilities Agreement with Riverside Unified School District (Community Facilities District No. 23) and (2) Agreement Providing for Reimbursement of Development Fees from Bond Proceeds. 8D. Schedule a Joint City Council/CRA/Planning Commission Meeting CC-2006-27 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to schedule a special joint meeting between the City CounclllCRA Council Minutes February 23, 2006 Page 10 and Planning Commission on March 23, 2006 at 6:00 p.m. to have Jacobson and Ms. Stringfield present to the Council their proposed projects for the Towne Square Center. CLOSED SESSION 9A. Real Estate Update, 22874 Arliss City Attorney Harper indicated that the Community Redevelopment Agency and the City Council will be meeting in Closed Session. He stated that the authorized representative of the City is Tom Schwab, City Manager. The Negotiator for the Real Estate Negotiations is the City Manager, Tom Schwab. The purpose of the Closed Session under both the Redevelopment Agency and the City is to discuss price and terms. The negotiations will be with the respective property owners. Under the Redevelopment Agency those property owners would be the Jacobson Group and Ms. Stringf eld. For 22874 Arliss the representative is Bobbie Forbes. Mayor Ferre announced that the Council met in CIosed Session to discuss the Real Estate Update for 22874 Arliss. Mayor Pro Tern Cortes recused herself . The home at 22874 Arliss sold for $505,000.00 to Tim and Lori Gould. An item will be on the next Council agenda to this effect. Mayor Ferre adjourned the meeting at 9:51 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, March 9, 2006 at 6:00 p.m. CITY CLERK of the City of Grand Terrace i MAYO of the City of Grand Terrace