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04/27/2006CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - APRIL 27, 2006 A regular meeting of the City Council of the Cityof Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on April 27, 2006, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Bea Cortes, Mayor Pro Tern. Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Brenda Mesa, City Clerk Larry Ronnow, Finance Director Gary Koontz, Community Development Director Richard Shields, Building & Safety Director Lt. Hector Guerra, Sheriffs Department Colin Burns, Attorney ABSENT: Tom Schwab, City Manager Steve Berry, Assistant City Manger John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Salim Elias, Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Mayor Pro Tern Bea Cortes. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS A. Proclamation - Blue Ribbon Week Councilmember Garcia read a proclamation proclaiming Blue Ribbon Week, Week of May 14, 2006, in the City of Grand Terrace in recognition and support of all peace officers and law enforcement agencies. CONSENT CALENDAR CC-2006-42 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COL NCILMEM 3ER GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items: Council Minutes April 27, 2006 Page 2 3A. Approve Check Register Dated April 27, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 04-13-2006 Minutes 3D. Community Development Block Grant (CDBG) Program 2006-09 Delegate Agency Agreement PUBLIC COMMENT Ruben Campos, Construction Liaisons with Caltrans in San Bernardino, gave information on an upcoming project that will be taking place late this summer. The Devore 2 Construction Project will include I15 from Sierra Avenue in Fontana through Devore to South of the Kleghorn Road in the Cajon Pass. They will be replacing deteriorated pavement and adding a truck diamond lane in the north bound direction. This project should be completed by Winter 2007. Most of the work will be conducted at night. They will have more detailed information at a later date. They just recommend that people plan ahead when they travel. He reported that they will have updated information on their website continually. You will also be able to view real time traffic on the site and they also have a Fast Pass, which is an information sheet that gives information that can be e-mailed regarding closures and what to expect. Their public affairs department will be having press releases regularly. Patricia Farley, 12513 Michigan, expressed her concern with the fast pace of who is buying what and who is paying what and what the City is spending to help purchase property and the help that they are giving Jacobsen Family Holdings. She would like the City Officials to stop supporting Jacobsen. Rita Schwark, 21952 Grand Terrace Road, stated that she is against Lowe's coming into Grand Terrace. She heard that Fiesta Foods will be moving into the Stater Bros. warehouse. She feels that the City should have a say with who occupies that facility. She feels that the City will have problem with swampers if Lowe's comes into Grand Terrace. Bill Hays, 22114 DeBerry Street, questioned why when Mr. Jacobsen's second time extension expired on the Pith of this month for him to own all of the property and have all of the tenants signed are you going to go ahead with the Towne Center Project. The deadline has passed for Mr. Jacobsen. He questioned why they are still going ahead on a dead project. He questioned when the Towne Square Center Project is going to become a private development, he feels that it looks like a land swap for RDA owned land for Mr. Yasin's land. He questioned if this is a private development then why are tax payers funds being put at Mr. Jacobsen's disposal. He feels that this never was a private development and that the revenue will never go to the City but to the RDA. The majority of the funds that Mr. Jacobsen's is investing are ours not his. He stated that the vote on eminent domain was pulled from the agenda. He feels that the Council doesn't want to vote on the use of eminent domain until the last minute, however, intend to vote on it but not in front of the whole town. Council Minutes April 27, 2006 Page 3 If not voted on in public he would like each of the Council Members to tell the community tonight that they will vote against the use of eminent domain on Jo Stringfield and will they go on record saying that they will vote no. He stated that if they ignore this question or refuse to answer they will have a safe presumption that you intend to vote for it but not in a timely fashion. The Negative Declaration is still on the counter in the City Hall asking for the use of eminent domain on Jo Stringfield and should have been removed if there is no intention on using eminent domain. Brian Phelps, 22857 Wren Street, urged the Council to amend the fireworks ordinance to include the dates of June 281h to July 4'h for the sale of fireworks and to keep the discharge dates the same. They feel that the more sales that they make the more taxes that the City will make, which helps offset the cost of the enforcement that will be done this year and the following years. The fund-raisers help to keep the League going. They feel that the problem is the illegal fireworks not the Safe and Sane. Patricia Farlev, 12513 Michigan, expressed her concern that a Negative Declaration was placed on the counter and today is the deadline for making comments on it. People have been making comments all along about their concerns but she wants it on the record that she is formally complaining that this is a specific plan it's Iarge and it includes proposals like Lowes, which requires CEQA evaluations, EIR, there is going to be a massive problem with trucks, pollution, safety and transportation and damage to roads. She feels that the declaration is not legal and is not acceptable. If it is ever approved it should be taken to court. She pointed out that Mr. Schwab mailed letters threatening eminent domain so anyone that develops on this property is contaminated with the unfair taking of property. If Stater Bros. wants to build a new store they should get the land by themselves legally and not ask the City to obtain it for them so they can pretend that they are not taking someone's home. If anyone takes property through eminent domain she wants the business boycotted and feels that this should be promoted and made very clear to those businesses. She feels that the location of Stater Bros. is great and that the owner of the current property has agreed to enlarge it to what Stater Bros. needs and feels that is what they should do. ORAL REPORTS 5A. Committee Reports - None COUNCIL REPORTS Councilmember Hilkey, expressed his concern with what Rita Schwark said about the old Stater Bros Warehouse and requested that staff look into that. The property just east of Grand Terrace is going to be a housing development with 2 acre lots, it will create more traffic on Barton Road. He questioned if we have any input on the traffic issues. Council Minutes April 27, 2006 Page 4 Community & Economic Development Director Gary Koontz, responded that staff hasn't seen a traffic study yet. He has requested large scale grading plans he will have our traffic engineer look at it. He feels that they are on top of it. Councilmember Hilkey, stated that there are three issues that have never been settled. One is the widening of Barton Road next to Hill Top and also access to Westwood and Mohave Drive. He wants to make sure that there is no access at all on Westwood. Community & Economic Development Director Koontz, stated that staff made that very clear and based on what they have seen there isn't a connection. Councilmember Garcia, requested that Building & Safety Director Richard Shields tell Council about the poles coming up the hill. Building & Safety Director Richard Shields, responded that they are Edison support poles and they are set all the way down to Loma Linda. They are going to be replacing high voltage lines and they need those poles to support the voltage lines before they go up. They are temporary. Councilmember Garcia, questioned if they will be closing the roads. Building & Safety Director Shields, responded that he believes so. Councilmember Garcia, questioned if we will be notified of the closures. Building & Safety Director Shields, responded that he needs to get more information. Councilmember Garcia, requested that when staff receives the information to please place it on our website. She questioned the Observation and Palm Project and how long it will take. Building & Safety Director Shields, responded that the project is being done by Riverside Highland Water Company and that he will look into how long the project is going to take. Councilmember Miller, attended the first Annual inter -Communities Ken Hubbs Classic, which was a flag football game between Colton High School and Terrace Hills Middle School. He reported that there was a big turn -out. He has a plaque and will present it at the next meeting. On May 22, 2006 at 7 p.m. there will be the first meeting of the Traffic Mitigation Committee, which he is a member of. The meeting will be an open forum and they want input from everyone. He stated that he is not speaking for the Council, he is speaking for himself, that he has always said that he will not take Jo Stringfield's home by eminent domain. Council Minutes April 27, 2006 Page 5 Mayor Pro Tern Cartes, reported that rain or shine at 7:30 a.m. sharp is the Grand Opening of the Sav-on Drug Store and everyone is invited to attend. Mayor Ferre, attended the training exercise that was put on by the City and the Grand Terrace Emergency Operations Committee and the San Bernardino County Fire Department Office of Emergency Services. She has confidence that the City has a plan in the even of an emergency. A very special thank you to Vic Pfennighausen and JoAnn Johnson for all of the work that they have done to get everything in place. She feels very fortunate to have volunteers that work so hard to make Grand Terrace a safe place for our residents. Councilmember Hilkey, referred to an article that stated that we are going to get the signal light sequencing along Barton Road and a new signal light at the intersection of Barton Road and Honey Hills. This is a trade off because of the delay of the 215 widening and Grand Terrace is getting hit with a lot of traffic. He stated that he wouldn't want anyone to vote on something without the details. There are no details in front of the Council and they have never been asked to purchase Jo Stringfield's property. He is not going to be in the position where anyone tells him to make a decision until he has those details. 0 Councilmember Miller, stated that there are now two left turn lanes going south on Barton Road. PUBLIC HEARING 6A. Specific PIan No. 05-02 (SP-05-02), Vesting Tentative Tract Map No. 05-03 (TTM- 05-03/County No. 17766) and Environmental Review Case No. 05-21 (E-05-21) to construct a 35 single family condominium development Ordinance of the City Council Approving Specific Plan No. 05-02 (SP-05-02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at 11830 Mt. Vernon Avenue and Environmental Review Case No. 05-21 (E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act Resolution of the City of Grand Terrace Approving Tentative Tract Map No. 05-03 (TTM 17766) for a 35 Single Family Residential Condominium Development in the City of Grand Terrace John Lampe. Planner, reported that the third public hearing for this project was held on April 13, 2007 and was continued to the Council Meeting of April 27' in order to allow the applicant to respond to a remaining issue raised by a member of the Council. This remaining issue consisted of the location of the fencing along Mt. Vernon and the size of the rear yards of those units backing up to Mt. Vernon. Council Minutes April 27, 2006 Page 6 Walter Eeds, Greystone Group, reported that they prepared the additional exhibit based upon the discussions at the last Council Meeting. He is hopeful that the exhibits are clear and that he will be happy to answer any questions. Councilmember Hilkey, expressed his appreciation of the clarity on the front of Mt. Vernon. The question he had before was how the fences line-up with existing property lines. He stated that on the north side there is an apartment complex and they have a solid block wall and questioned what will happen with that wall. Walter Eeds, responded that the wall will stay. He stated that the south side has plans to build a wall adjacent to the existing wall and believes the same for the north side, however he feels that the existing wall can be utilized. Councilmember Hilkey, wanted clarification on what type of fencing will be on the north side. Walter Eeds, responded that on the north side the existing wall will be used. Councilmember Hi lkey, expressed his concern with the possibility of tagging and questioned if staff is happy with the proposed fencing. 0 Communi1y & Economic Development Director Koontz, responded that the issue is that there is already a retaining wall and if you place additional block on top it will be a big concrete wall. Staff is taking the position that Council wants to see heavy landscaping in front of the walls that will screen it from taggers as quickly as possible and they will make sure that it happens. Staff is comfortable with the fence. Mayor Ferre opened the public hearing for discussion, there being none she returned discussion to the Council. Councilmember Garcia, stated that after looking at this project she has a problem with the backyards facing Mt. Vernon. Community &^Economic Development Director Koontz, responded that during the initial review process they discussed reverse frontage. The issue is that the more they looked at it, when you drive down the street you have the apartments where you see the sides and rears of apartment all along the side. Here you will see a small patch of front yards that no one will ever use because they are on Mt. Vernon. In their opinion it is better to put a block wall there aim the house inside so that it is part of the total community plus there is a sound barrier. They really feel that this is the better way to do this project. Councilmember Miller, can see why Councilmember Garcia has her concern, however, he Council Minutes April 27, 2006 Page 7 feels that the proposed project is probably the best as it is. He questioned if the developer owns the land or are they in escrow. Walter Eeds, responded that they are in escrow. Councilmember Miller, stated that the property is covered in weeds and it really needs to be taken care of. Mayor Pro Tem Cortex, stated that she can see what Councilmember Garcia is saying, however, she also feels the project is best as it is proposed. Councilmember Garcia, she questioned what can be done to regulate utility cabinets. Community & Economic Development Director Koontz, responded that utility cabinets are regulated by the utilities. if there is a way staff can work with the utility companies and agencies he will. He stated that the current utility cabinet shown on the plan is an existing utility cabinet that belongs to SBC. Councilmember Garcia, she stated that there are people out there looking to make the cabinets less visible. Community & Economic Development Director Koontz, stated that they support malting the cabinets less visible. The more that can be put underground the better. Councilmember Garcia, confirmed that there will be no new utility cabinets for this project. Building & Safety Director Shields, responded that just meter pedestals for landscape irrigation, which would be approximately 2 % feet wide and 3 feet tall. It would be more than likely covered by landscaping. Edison will regulate which type of meters can be used. Councilmember Garcia, questioned if Edison takes care of the graffiti on the cabinets. Building & Safety_Director Shields, responded that the City takes care of the graffiti. Councilmember Garcia, questioned if the City can regulate what type of materials are used for the cabinets. Building & Safety Director Shields, responded that the materials are approved by an electrical outfit that approves all of the cabinets. There are different types of cabinets and Edison approves the ones that can be used in their right-of-way. Councilmember Garcia, stated that there are some cities that are on the leading edge of this Council Minutes April 27, 2006 Page 8 and are looking at this. She stated that Huntington Beach has done something and suggested that staff look into it. Councilmember Hilkey, requested that Council be notified as the process moves forward. CC-2006-43 MOTION BY MAYOR PRO TEM CORTES, SECOND BY MAYOR FERRE, CARRIED 5-0, to approve Specific Plan No. 05-02 (SP-05-02), Vesting Tentative Tract Map No. 05-03 (TTM-05-03/County No. 17766) and Environmental Review Case No. 05-21 (E-05-2 1) to construct a 35 single family condominium development and the first reading of an Ordinance of the City Council Approving Specific Plan No. 05-02 (SP-05-02) fora condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at 11830 Mt. Vernon Avenue and Environmental Review Case No. 05-21(E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act and a Resolution of the City of Grand Terrace Approving Tentative Tract Map No. 05-03 (TTM 17766) for a 35 Single Family Residential Condominium Development in the City of Grand Terrace UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks CC-2006-45 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to send back to the Fireworks Ad -Hoc Committee the Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks to discuss the issue of the date of sale and that they have a meeting prior to May 4, 2006 so that a first reading of the Ordinance will be on the Agenda of May 11, 2006 and a second reading on the Agenda of May 25, 2006. 7B. Second Reading of an Ordinance of the City Council of the City of Grand Terrace Rescinding the Traffic Signal Improvement Fee Schedule and Circulation Fee Schedule (4.104) and Replacing it with a new Fee Structure and Rescinding the Capital Improvement and Maintenance Fee Schedule (4.80) and replacing it with a new Fee Structure CC-2006-45 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER MILLER, CARKED 5-0, to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace Rescinding the Traffic Signal Improvement Fee Schedule and Circulation Fee Schedule (4.104) and Replacing it with a new Fee Council Minutes April 27, 2006 Page 9 Structure and Rescinding the Capital Improvement and Maintenance Fee Schedule (4.80) and replacing it with a new Fee Structure NEW BUSINESS - None CLOSED SESSION - None Mayor Ferre adjourned the meeting at 7:25 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, May 11, 2006 at 4:00 p.m. jaz"Q� ' 94'�� CITY CLERK of the City of Grand Terrace MAYOIVf the City of Grand Terrace