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05/11/2006CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - MAY 11, 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 May 11, 2006, at 4:00 p.m. PRESENT: Maryetta Ferre, Mayor Bea Cortes, Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Steve Berry, Assistant City Manager Brenda Mesa, City Clerk Larry Ronnow, Finance Director Gary Koontz, Community Development Director Richard Shields, Building & Safety Director Lt. Hector Guerra, Sheriffs Department John Harper, City Attorney ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY C UNCIL MEETIN AT 4:00 P.M. REVIEW THE PROPOSED FY 2006-2007 CRA/CITY COUNCIL BUDGET Finance Director Larry Ronnow, gave a presentation on the proposed FY 2006-2007 CRA/City Council Budget. Councilmember Hilkey, stated that last year our expenditures for both CRA and the City exceeded our income predominately because we were spending the 20% set -aside for the Senior Housing. This year it looks like there is $343,000.00 decrease in the fund balance. He questioned if something happens with the Towne Center project and we don't sell the $1.7 6 million that $343,000.00 will go up to approximately $2 million. He questioned if there were any flags that were going up about spending more than were bringing in two years in a row that we might need to address. City Manager Schwab, responded that on some of the Capital projects we are using one time fees from development fees to fund them as well. We are not using it for ongoing operating expenses. Council Minutes May 11, 2006 Page 2 Mayor Pro Tern Cortes, thanked staff for doing a great job on the budget. She questioned how the Deputy that was funded by the COPS grant is going to be funded this year. Finance Director Ronnow, responded that starting with this years budget we need to use approximately $110,000.00 from the General Fund to make up the difference, however this year it doesn't have a big impact. Councilmember Hilkev, questioned where there are funds that support the library other than the CDBG Funds. City Manager Schwab, responded that the City does not provide any direct support to the library. The Block Grant funds their literacy program. We provide the building at no charge, however, they provide for the utilities and the janitorial services. Councilmember Hilkev, questioned if there is an entry in the budget that show utilities paid for by the library. City Manager Schwab, responded that is not shown in the budget but staff could provide a spreadsheet how much is incurred in expenses and how much money is distributed back to the City. 0 Assistant Ci , Manager Beny, stated that they pay $1,295.00 per month to cover their expenses. ouncilmember Hilke , questioned if that was calculated. Assistant City Manager, responded that he did a calculation and that it was accurate. Councilmember Hilkey, questioned who pays for the custodial service. Assistant City Manager Begy, responded that the library pays for their own service. Council member Hilkev, questioned if there was a way to shape the Law Enforcement Service package to suit the needs now versus the needs of 20 years ago. He stated that he spoke to City Manager Schwab earlier about cycling the traffic officers. He is getting the feeling that we don't have the faith in the Department like we use to. City Manager Schwab, stated that his suggestion would be to set up a workshop to show the Council what the deployment looks like today and what the theory is for coverage. He stated that he was planning on adding a Deputy next year, however, if the Council would like to add a 40 hr car this year it is an option that can be added to the budget. Council Minutes May 11, 2006 Page 3 It was the consensus of the Council for staff to agendize to bring an item to Council to explain the deployment and to receive Council input on how it might be changed. Councilmember Hilkey, stated that most people consider police protection number one. He feels that if the Department isn't responding in the published response time the City needs to do something about it. He would like to see something showing a regular list of response times so that Council and staff can answer questions. City Manager Schwab, stated that the published response time are priority one calls. If the call is not a priority one call it would take longer. He stated that our Law Enforcement is thin and that he will have the Sheriffs Department come and show the Council the deployment and let the Council decide what they feel is an acceptable level. He stated that he will try to bring this to Council in June. Councilmember Garcia, stated that at the Council Priority Session they discussed performance and criteria. She stated that she doesn't know if the Department would be open to it but if there was a performance criteria established where they would make a commitment that with this amount of dollars this is what you get and if you don't perform there is a decrease in the amount that they get paid. She will be looking closely at the Sheriffs Service Specialist position. She stated that there is a new Fire Chief in the County of San Bernardino and suggested that we do the same with the Fire Department. She stated that the Library is a strong priority for the City. She stated that she wants to fight for a library in the Towne Center Project. She stated that she feels that there should be some money in the budget for a library. City Manager Schwab, stated that in any circumstance in order to fund a librarythere is going to have to be money. Staff was depending on the income from the center to help pay for debt service or rent depending on what is worked out. This was predicated on having a large enough revenue cash flow off of the project to pay either the rent or the debt service. Without that the money is not immediately there to do that. If the Council says this is what our priority is and they want to spend enough money to build a brand new building somewhere in the community they could do that, however, he feels that we have to balance the desires for a new library against the desires that he just heard for more police. Councilmember Garcia, she stated that she would like another budget workshop if the decision would be between a new library and law enforcement. She stated that she would be willing to trim the budget to fund a library. She questioned when the Council can discuss the priority of a new library. Mayor Ferre, stated that the Council has already determined that a new library is a priority. The library is an issue and Council thought that the City was going to get a library with the Towne Center and now there is a question. She would like to see how things play out before Council Minutes May 11, 2006 Page 4 she makes a decision to change her priority from safety to the library. Councilmember Miller, agrees that a library is important and also agrees that the Council needs to wait and see how this plays out and then possibly look at the priorities once again. Mayor Pro Tem Cortes, also agrees that the library is important but so is safety and feels that we should wait until we can get more information on the Sheriffs deployment. Councilmember Garcia, questioned if after there is a workshop on the law enforcement the Council is open to having a workshop to discuss the Towne Center Project/Library. Mayor Ferre, stated that we are in limbo right now and she would like to see it played out. If there is a chance that there is going to be a library then we are where we want to be if there isn't going to be a library then we need to do something about it. Councilmember Garcia, questioned where we are with the Towne Square Project. Councilmember Miller, feels that we don't know where we are with the Towne Square Project and feels that we are still in negotiations. Mayor Ferre, concurred. 0 Councilmember Garcia, stated that when she is asked questions about where the City is with the Towne Square Project she will tell them that on May 11, 2006 the Council stated that they are not going to do anything related to the Towne Square Project for 30 to 60 days. City Manager Schwab, stated that the Developer had stated that he would be back in 90 days and that was approximately 30 days ago. Right now the Developer's reality is that he has 18 acres and he has one parcel that he can't acquire. He is moving forward with the 18 acre parcel commonly known as Plan B. The Redevelopment Agency is in discussions to potentially acquire that parcel. He indicated that he should know in a month whether there is any ability to acquire that parcel on the owners terms. Plan B does not include a Library but that is not to say that when that comes back Council can't look at that option. Councilmember Garcia, stated that if Mr. Jacobsen is doing Plan B that it includes a library. City Manager Schwab, responded that Plan A and Plan B both have a parcel earmarked for the library. Councilmember Garcia, stated that the library is very important to her and plans on doing everything she can do to make it happen. Council Minutes May 11, 2006 Page 5 MY Manager Schwab, indicated that the adoption of this budget doesn't close the door on anything. We are just funding our operations at the current level with the exceptions of the items that have been described. We need to see what is going to happen with the Towne Center. Councilmember Garcia, clarified the budget amount and how it works. She stated that the problem with building the library is that it doesn't create income. CA,CAY Manager Schwab, responded in the negative. He stated that very little of what we build creates income. We were depending on the Towne Center Proj ect generating enough income to pay the debt service on the library and still have some left over for other things. If it is going to be PIan B then we need to evaluate what kind of income that will generate. The Center will generate income. Councilmember Garcia, stated that when we do a development there should be a fiscal impact that includes the amount of increased dollars that will be spent for law enforcement, etc. She stated that we have been criticized about not being accurate when it comes to law enforcement on the large upcoming developments and feels that the Sheriff's Department should address that. She requested that staff work on the fiscal analysis of the impact of projects coming into town. City Manager Schwab, stated that staff will look into it. Councilmember Miller, questioned if there was any consideration of having a joint use of a Iibrary with the new proposed school. Currently Rialto and Fontana have one. City Manager Schwab, responded that staff did look into that and some of the locations that have joint use libraries. They found that it is difficult to have a high school combination library if it's the only library that they have in the community because it is only open when the school is closed. It just didn't seem like a good idea. Councilmember-Miller, stated that there were some funds that came in for a bike lane and he believes that they were approximately $56,000.00. Building & Safety Director Shields, responded that it was $50,000.00. Councilmember Miller, stated that it is now going to cost the City $74,000.00 and questioned if that was correct. Building & Safety Director Shields, responded in the affirmative. Councilmember Miller, questioned when we are scheduling to do the bike lane. Council Minutes May 11, 2006 Page 6 Building &_Safety Director Shields, responded that he received a phone call from Caltrans yesterday giving us a one year extension. He stated that a few months back he brought a Resolution to the Council to extend the bike lane for a year. It has taken this long for Caltrans to respond to him. During the time that it took Caltrans to respond to him staff was able to get a Class 3 bike lane instead of a Class 2. Because of the time that has lapse the cost has gone up. Councilmember Miller, questioned the difference between a Class 3 bike lane and a Class 2. Building & Safety_Director Shields, responded that with a Class 2 bike lane you will not have parked cars on the roadway with a Class 3 you are allowed to have a parked car. It is his understanding that in the area of Food Connection the property owners didn't want to lose the street parking. Councilmember Miller, questioned where the bike lane will run. Building & Safety Director Shields, responded that it will go all the way to Michigan and all of the improvements will be done as well as the re -striping down the opposite side of the street. Councilmember Miller, confirmed that the bike lane will be down both sides of Barton Road. He questioned where the extra money that will be needed will come from when we actually do the project, because the price will probably go up again. Building & Safety Director Shields, responded that when he prepared his budget he increased the numbers to cover the expected increase. Councilmember Miller, questioned if we will wait for the Towne Center to be built before we do the bike lane. Building & Safety Director Shields, responded that he plans on doing it right away. Mayor Ferre temporarily adjourned the CRA/City Council Meeting at 5:30 p.m. MAYOR FERRE RE -CONVENED THE CITY COUNCIL MEETING AT 6:00_P.M. The City Council meeting was opened with invocation by Raul Montano, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Councilman Herman Hilkey. ITEMS TO DELETE -None Council Minutes May 11, 2006 Page 7 SPECIAL PRESENTATIONS A. Tony Grasso - Executive Director San Bernardino Associated Governments (SANBAG) Mr. Grasso introduced himself and indicated that he has been with SANBAG since January 23, 2006. He gave a brief history of his background. He discussed some of the issues that will be faced in near future. He stated that he will be happy to come back and address the Council at any time and work as a partner as we look to enhance the quality of life in the community. B. Proclamation - Water Awareness Month - May 2006 Mayor Ferr6 read a proclamation proclaiming May 2006 as Water Awareness Month in the City of Grand Terrace urging all citizens to be responsible water users and protectors. Mayor Ferr6 presented Don Hough, Riverside Highland Water Company, with the Proclamation. Don Hough, Riverside Highland Water Company, thanked the Council on behalf of Riverside Highland Water Company for the proclamation and for the opportunity to remind everyone of water conservation. C. Water Awareness Poster Contest Winners - Terrace View Elementary School Don Hough, Riverside Highland Water Company introduced Melanie Cox, Vice - Principal Terrace View Elementary School and the winners of the contest to the Council and had them show the Council their posters. Don Hough, Riverside Highland Water Company, gave an update on the Palm Project and what the residents and Council can expect. 2D. Jim King - The Foundation of Grand Terrace Assistant City Manager Berry indicated that Mr. King could not make it and that he will speak at another meeting. CONSENT CALENDAR CC-2006-46 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of Items 3D., 3E., 3F., and 3G.: Council Minutes May 11, 2006 Page 8 3A. Approve Check Register Dated May 11, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 04-27-2006 Minutes ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Contract Between the City of Grand Terrace - Blue Waves Swim Program and the Riverside YMCA for Swim Lessons and Open Swim at Terrace Hills Middle School CC-2006-47 MOTION BY COUNCILEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the Contract Between the City of Grand Terrace - Blue Waves Swim Program and the Riverside YMCA for Swim Lessons and Open Swim at Terrace Hills Middle School. 3E. Redlining 290 Feet of Curbing in front of 12269 Michigan and 22114 DeBerry Bill Hays, 22114 DeBerry Street, encouraged the Council to approve the Redlining of the curbing in front of 12269 Michigan and 22114 DeBerry. CC-2006-48 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve Redlining 290 Feet of Curbing in front of 12269 Michigan and 22114 DeBerry. 3F. Revise the Existing Contract Between San Bernardino County, City of Colton and Grand Terrace for the Construction of a Traffic Signal and Minor Modifications at the Intersection of La Cadena Drive and Barton Road. San Bernardino County Contract No. 04-843 CC-2006-49 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve the Revision of the Existing Contract Between San Bernardino County, City of Colton and Grand Terrace for the Construction of a Traffic Signal and Minor Modifications at the Intersection of La Cadena Drive and Barton Road. San Bernardino County Contract No. 04-843 with the provision that Staff clarifies who is responsible for moving any utilities, if any, and if someone needs to be responsible and there are additional funds needed it will come back to Council. 3G. Community Center Sub -Lease with Grand Terrace Lions Club CC-2006-50 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM Council Minutes May 11, 2006 Page 9 CORTES, CARRIED 5-0, to table the Community Center Sub -Lease with Grand Terrace Lions Club. PUBLIC COMMENT RA `Barney" Barnett, 474 Prospect Avenue, was glad to see Mr. Grasso at the meeting this evening. He invited everyone to attend Highgrove Day on Saturday, May 13, 2006. There will be a lot activities throughout the day. Jeffrey McConnell, 21785 Walnut, reported that there is going to be some paving on Barton Road and La Cadena on May 22, 2006 and expressed his concern with the detours that will more than likely go through his neighborhood. He requested that they work with the residents when this occurs. Rita Schwa rk, 21952 Grand Terrace Road, agrees with Mr. McConnell. She requested that Grand Terrace adopt the Illegal Immigration Act Ordinance and to get involved. Bill Hays, 22114 DeBerry Street, questioned what happened at SAV-On. He feels that the items on the agenda should be taken in order. He stated that there could be a problem with the wiring at the community center and that they may want to look into that. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee A. Minutes of April 3, 2006 CC-2006-51 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to accept the April 3, 2006 Minutes of the Historical and Cultural Activities Committee. 2. Crime Prevention Committee A. Minutes of March 13, 2006 CC-2006-52 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the March 13, 2006 Minutes of the Crime Prevention Committee. 3. Emergency Operations Committee l . Minutes of April 4, 2006 CC-2006-53 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM Council Minutes May 11, 2006 Page 10 CORTES, CARRIED 5-0, to accept the April 4, 2006 Minutes of the Emergency Operations Committee. COUNCIL REPORTS Councilmember Miller, questioned what happened at the SAVON. He reported that his landscaper's vehicle was high jacked on Saturday and heard that there was one high jacked at the SAVON as well. Lt. Guerra, at approximately 2:44 p.m. the Sheriff's Department received a phone call from an employee at SAVON that there was a gentleman inside the store acting somewhat suspicious. As the Deputies were responding to that call, the individual Ieft the store, went across the street, and as another citizen was exiting or entering their vehicle he accosted them and took their vehicle by force and tried to escape. He was able to escape prior to the Deputies arriving. The response time from the initial call to the arrival of the first officer on scene was less than 10 minutes. He was eventually apprehended and is in custody. Councilmember Miller, questioned if he knew anything about the other high jacking. Lt. Querra, responded in the negative. Councilmember Miller, reported that on May 22, 2006 the Traffic Mitigation Ad -Hoc Committee will meet. Councilmember Hilkev, questioned if we have gotten any feedback on who the new tenant will be at the Stater Bros. warehouse. City Manager Schwab, responded that when he was in a meeting at Stater Bros. he asked about it and they responded that there was some interest in acquiring the property and building condos on it. Stater Bros. does not own the property they lease it. Councilmember Hilkev, reported that he received a couple of calls regarding the High School and asked if anyone knew anything about it. Mavor Ferre, responded that she knew nothing about it. Councilmember Garcia, reminded everyone to attend Grand Terrace Days. She reported that there will be a Pancake Breakfast on Saturday, Junel 1, 2006. She thanked Don Hough on the update on the Palm Project. She questioned what the hold-up at the corner of Barton and Mt. Vernon. Building & Safety Director Shields, responded that Adelphia has taken a long time in Council Minutcs May 11, 2006 Page l l moving some of their utilities. They are probably 3/4 of the way done. The comer of SAVON will be paved Friday. Adelphia will be working across the street in front of Mr. TV Video. Councilmember Garcia, questioned if the truncated domes will be installed at each comer. Building & Safety Director Shields, responded eventually. Councilmember Garcia, stated that the red paving is a little different from the existing paving. Building & Safety Director Shields, stated that they had to bring back the corner 4 ft for right-of-way purposes and for more room to make a right hand turn. Councilmember Garcia, appreciates staffs work and for staying on top of the projects. She has heard that one of the taggers in Grand Terrace was 12 years old. She requested that when the review of the deployment of the Sheriff s Department is discussed that Crime Prevention to be included so that she can see how they fit into the overall picture. Mayor Pro Tern Cortes, reported that SANBAG is going to be meeting with RCTC . She also reported that SANBAG is going to be creating an Ad Hoc Committee that will encompass housing, environmental, etc. all issues that pertain to transportation. They will be selecting certain individuals from the cities and from the Board of Supervisors. She will make sure that the Council is kept up to date. Councilmember Hilkey, stated that he feels that there isn't anyone that feels that SANBAG is doing an adequate job of improving the roads. Everyone is frustrated with the transportation and feels that it is ridiculous to take Measure I money and take on a new project. He feels that they should focus on what they are doing. Mayor Pro Tern Cartes, reported that she and Councilmember Miller attended the SAVON Grand Opening. She felt that it was a nice event. She requested that the Grand Terrace Road closure information be place on the web. She wished everyone a Happy Mother's Day. Mayor Ferre, requested that Assistant City Manager Beery talk about the free compost. Assistant Ci , Manager Berry, reported that Friday, Saturday, and Sunday compost will be available at the Senior Center to all Grand Terrace residents. PUBLIC HEARING Council Minutes May 11, 2006 Page 12 6A. Appeal of the Planning Commission's Approval of SA-06-02, V-06-01, and E-06-02 for the Construction of a Two -Story Commercial/Industrial Building on a 2.4 Acre Site for ESSCO Electric John Lampe, Planner, reported that on April 6, 2006, the Planning Commission held a public hearing for Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02 for the construction of a two-story commercial/industrial building for ESSCO Electric. ESSCO seeks to expand its facility as a result of increased sales while remaining in Grand Terrace. They have acquired approximately 2.4 acres on the south side of Commerce Way, west of Michigan Street. The Planning Commission held a public hearing, took public testimony, and unanimously approved the project. On April 17. 2006, an appeal was filed by Raymond Johnson for the Citizens for Responsible and Open Government. He gave an overview of the project and gave responses to the items of concern that were pointed out. Staff recommends that the City Council deny the appeal and approve Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02. Councilmember Miller, referred to issue #2 and requested an explanation. Planner Lampe, responded that there are some sections on Commerce Way where the ultimate width had been dedicated when the project went up across the street and based on the ultimate width that is planned for Commerce Way the recommendation of the Public Works Department was an additional 4 foot of the subject site would be required in order to allow for the ultimate width of Commerce Way along that section. Community & Economic Development Director GM Koontz, indicated that the current requirement is 44 feet from centerline and that 4 ft from each side would be dedicated to obtain the 44 feet. Councilmember Miller, referred to issue 6 section c and questioned if there were ever any burrowing owl's on this site. Community & Economic Development Director Koontz, the biologic survey that was done under the original EIR noted that the areas South that are undeveloped are potential burrowing owl habitat. They did not observe any owls on the site, which is in their report. He stated that if you go down the flood control channel there's a lot of rodent burrows along there and that is the area that they are concerned about. Councilmember Miller, questioned if an amendment will have to be made to the EIR to answer Mr. Johnson. Community & Economic Development Director Koontz, responded that there are no owls on the site. The owls are further to the South. Council Minutes May 11, 2006 Page 13 Councilmember Miller, stated that he noticed that there is an eight foot high decorative wall and questioned what decorative meant. The storage at ESSCO is currently overhanging the fence and he is concerned that there is going to be a storage problem there that is going to be unsightly. He questioned if any of the staff has spoken to ESSCO regarding this and questioned how we will mitigate that problem. Community & Economic Development Director Koontz, responded that staff has had very lengthy conversations. Staffs concern is what is the view from the street. They have an existing industrial building that they are backing up to so there really isn't a view from the back. He has an eight foot wall next to the street, which will provide a buffering. ESSCO has been very cooperative and they understand the issues. Councilmember Miller, he indicated that currently there is only one way to see the facility, however, in the future there will be a lot of traffic in the area and we don't want an unsightly view. Councilmember Garcia, wanted to clarify that the parking is increased. Community & Economic Development Director Koonts, indicated that the parcel is substantially larger than the current parcel and the parking has increased. Councilmember Garcia, stated that they are expanding their business so there is a potential for more deliveries and business. Community & Economic Development Director Koontz, responded that they spoke with ESSCO regarding delivery trucks. One of the issues that they are dealing with now is that they have a small storage area they can't warehouse a lot of materials at one time, to the point that the trucks arrive half full. With a larger storage area, they can actually fill the trucks and they stated that they probably won't see additional trucks they will just see fuller trucks. Councilmember Garcia, questioned if we can make it a condition that storage will not be seen from the street. Community & Economic Development Director Koontz, responded in the affirmative. Councilmember Garcia, questioned what they are going to be doing with the landscaping. She questioned where the nearest residence is. CommuniIX& Economic Development Director Koontz, responded that the nearest residence would be Byron Matteson's property. Councilmember Garcia, questioned how high the lighting standards are. Council Minutes May 11, 2006 Page 14 Community & Economic Development Director Koontz, responded that the lighting has to be per the City's Code. Councilmember Garcia, questioned if they will be on all night for security purposes. From a residents perspective you wouldn't want something that was bright. Community & Economic Development Director _Koontz, responded that there is a requirement that they can't have the light glare off -site. All the lights have to be aimed down. Councilmember Garcia, referred to the noise study. Community & Economic Development Director Koontz, stated that he feels that they have addressed the absorption of noise. Councilmember Garcia, questioned what the plan is for the existing location. Community & Economic Development Director_ Koontz, responded that they will be selling it. Manor Pro Tem Cortes, stated that the closest residence already has some businesses with a high block wall. Community & Economic Development Director Koontz, stated that issues ofnoise right now are generated from trucks going in and out on Michigan. Mayor Pro Tern -Cartes, questioned if the trucks that are going in and out are going to be regulated on their hours. Community & Economic Development Director Koontz, responded in the affirmative. Councilmember Hilkey, questioned the widening of the road. Community Economic Development Director Koontz, responded that they are not widening the road they are increasing the right-of-way parkway. Councilmember Hilke , stated that there is a block wall or building around the entire perimeter. Community & Economic Development Director, gave an overview of the site. Councilmember Hilkey, questioned what the retention is at the far west comer. Council Minutes May 11, 2006 Page 15 Community & Economic Development Director Koontz, responded that it is a Iandscape swell area for the NPDES issues. It is a small detention basin and will be landscaped so that the drain -off is clean up before it goes out to the storm drain. Councilmember Hilkev, questioned if it is vegetation or rock and if it is higher or lower than the street. Community& Economic Development Director Koontz, responded that it is vegetation. Mayor Ferrequestioned how long ESSCO has been doing business in Grand Terrace. City Manager Schwab, responded approximately 12 years. Mayor Ferre, confirmed that they have been a good business for Grand Terrace. Community Economic Development Director Koontz, responded that theyare ourhighest sales tax generator in town. Howard Parcell. Engineer, reported that the perimeter wall will be 8 feet and concrete that will ultimately be covered in vines to heavily landscape the area. Councilmember Garcia, referred to the plans where it shows a rounded area on the wall. Mr. Parcell, responded that it depicts a landscape berm. They are trying to make it look interesting. Mayor Ferre opened discussion to the Public. Raymond Johnson, indicated that he represents the applicant and stated that he faxed revised comment letters several days ago that were dated May 8, 2006 and questioned if the Council received copies of that. Community & Economic Development Director Koontz, responded that he never received a fax. Raymond Johnson, stated that he had a fax confirmation stating that we did. He stated that one of the issues with the City is that sometimes the City Council will do one thing in public and then do something else when they think no one is looking. He feels that this project is a prime example. The project that is proposed is not consistent with the specific plan or the requirements of the EIR that was done for the OAC. He stated that the General Plan is inconsistent internally and that it is impossible to be consistent with it. With regards to the issue of noise, the EIR stated that the construction noise would extend over 1,000 feet from the edges of the property and feels that it will be higher than acceptable standards. The Council Minutes May 11, 2006 Page 16 requirements in the General Plan EIR was that all projects in the portion of the specific plan must conduct an acoustical. It was also required to do a traffic study. When the EIR was done for the OAC Specific Plan it noted that in order to achieve acceptable levels of service on the area streets there were $170 million dollars of traffic improvements that needed to be made in order to accomplish mitigation to the acceptable levels. The OAC's portion of those traffic expenditures was established at $10.2 million dollars. That is a lot of money for the OAC. This project represents approximately 3% of the OAC project and its relative fair share of that portion would be $330,000.00 to mitigate traffic impacts based upon the EIR that was done for the OAC plus the $24,000.00 that has to go to the County. There is approximately $350,000.00 worth of traffic mitigation that is required by the OAC EIR that is not being required of this project. If this project doesn't provide their fair share and subsequent portions the developers of the OAC or the City is going to have pick-up those costs. If Council is concerned about the traffic they can't afford to throw away $330,000.00 worth of mitigation. With regard to the street, he was incorrect. According to the Specific Plan, the minimum acceptable right-of-way according to the specific plan for that street is 122 feet which does not meet the minimum required right-of-way. He questioned if this is the type of use that they want to have at the entrance/gateway to the OAC. The OAC requires a very specific design on the walls and that is not what is being proposed. He feels that they have not complied with the design requirements. He feels that there is a likelihood that there may be burrowing owls on the site. The EIR mitigation measure specifically required that protocol burrowing owl surveys be done prior to any project being approved. There are simply too many mitigation measures that are required that the City is ignoring. He stated that the project is not consistent with the specific plan and it is not consistent with the mitigation measures required in the OAC's Specific Plan or E[R. They have not done the necessary studies and therefore is not consistent with the requirements. Mayor Ferre returned discussion to Council. City Attorney Harper, stated that the issues that were brought up by Mr. Johnson can be addressed by staff. Councilmember Hilkey, questioned if this piece of property is part of the OAC. Mr. Johnson, responded in the affirmative. Community & Economic Development Director Koontz, also responded in the affirmative. Community & Economic Development Director Koontz, gave a background of the hearings that were held on the specific plan and the uses. He addressed the noise issues and feels that it has been mitigated to an acceptable level. Councilmember Hilkey, stated that he feels that the OAC was a dead issue after hearing that the freeway access won't be done until Phase III of Measure I. Council Minutes May 11, 2006 Page 17 City Attorney Harper, stated that the existing zoning of the property is OAC regardless of what might happen in the future. Any project that is considered today is bound by the existing OAC zoning. Community & EconomicDevelopment Director Koontz, stated that the OAC project is not dead until the freeway is widened it is on hold until they figure out what to do with the bridge. Staff is working on interim solutions to address the traffic issues. The freeway itself doesn't have anything to do with project being delayed. Councilmember HilkeX, questioned if we take the existing properties out of the OAC then there will no longer be an issue. Community & Economic Development Director Koontz, stated that the reason this area is included in the OAC is so that they can look at the landscaping and architecture so that it is consistent. Staff feels that they did a pretty good job. City Attorney Harper, stated that if staff were to remove the property from the Specific Plan the entire process would have to start all over again. Councilmember Garcia, confirmed that the project is part of the OAC and questioned if it meets the guidelines. Community & Economic Development Director Koontz, responded that the project meets the guidelines. City Attorney Harper, stated that this is a Public Hearing and that there is an Attorney that stood up and made some arguments and you have staff that are the experts that have been hired and have given their opinion. It is up to the Council to weigh all of the testimony and make a decision. Community & Economic Development Director Koontz, stated that this is an appeal of the Planning Commission's decision. The Planning Commission took testimony, had all of the issues outlined to them and unanimously voted that this project is consistent with how they see OAC. Councilmember Garcia, questioned if the issues that were brought up by Mr. Johnson were expanded from what the Planning Commission received. Community & Economic Development Director Koontz, responded that the only thing that he can see that has changed is the width of the street, which he feels he addressed. C i1y Attorney Harper, stated that what the appellant is allowed and obligated to do is present at this hearing evidence in the form of testimony. There isn't any legal opportunity for Council Minutes May 11, 2006 Page 18 people to continue to submit written materials for Council to review prior to making a decision. Mr. Johnson has brought up the issues verbally and staff has an opportunity to address them and if they need more time then it would be appropriate to continue this agenda item. Counci Imember Mille[, indicated that he would like to continue this item so that Council has more time to review the issues that were elaborated this evening. Councilmember Garcia, asked if continuing this item would cause a hardship. Community & Economic Development Director Koontz, stated that continuing this would create a hardship for the applicant, they have a time frame. CC-2006-54 MOTION BY MAYOR PRO TEM CORTES, SECOND BY MAYOR FERRE, CARRIED 3-2-0-0 (COUNCILMEMBER GARCIA AND MILLER VOTED NO), to accept Staffs Recommendation to Deny the Appeal and Approve Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02. 6B. 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. City Manager Schwab, reported that the Fireworks Ad -Hoc Committee met to address the issues of the sale and discharge dates that were in the agenda. He introduced Lou Ann Archbold, a member of the Ad -Hoc Committee. Lou Ann Archbold, stated that she was at the meeting on behalf of Kim Hathaway who is the Committee Chairperson. She thanked the Mayor and the Councilmembers for her appointment to the Ad -Hoc Committee. She acknowledged the members of the committee by name. Each member of the committee were given an opportunity to express their expectations. The final decision was a compromise for all. She stated that the following are the recommendations of the committee. 1. The committee recommended the City continue to allow the sale of safe and sane fireworks. 2. Modify the sale period to June 28'h - July 41h 12 noon - 9:00 p.m. and ly 151- 4'h, 9 am - 9 pm and modify the discharge dates June 28'h - July 4'h 12 noon - 11 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 ofthe maximum allowable by law. 4. Enforcement as recommended by the Sheriff's Department and the Fire Department: Sheriffs: during the sales period (currently 4 days) provide 1 Supervisor, 1 Council Minutes May 11, 2006 Page 19 Detective, 2 Deputies, and I Evidence Technician; Fire Department: up the staff to 2 engines (8 personnel) and the 3'a considering the day of the week the 4`h falls on. 5. Maintain the current ordinance that allows only youth sports to participate in the sale and continue to limit it to one location. 6. Committee to meet after the 41h of July to evaluate statistics on the number of call for service and make any new recommendations to Council if appropriate. 7. Inform residents in all possible media outlets of the new rules and fines. 8. Posters of current notices and fines located at the sales booth. 9. Create an internal tip line for the 4" of July to direct law enforcement and fire to fireworks related calls. 10. Surcharge of 3% on fireworks sales for partial reimbursement for extra law enforcement. 11. Accept TNT's offer to pay for one day of law enforcement's cost and purchase an ad in the newspaper promoting new rules and fines. 12. Copies of the rules and fines to be handed out at the fireworks stand. 13. Create and man a fireworks booth at GT Days to promote fireworks safety She indicated that in the Blue Mountain Outlook there will be a questionnaire for people to fill out and return to the Committee Chair so when the Committee meets again to Iook at the results and statistics and determine if they need to make any additional recommendations. Councilmember Garcia, stated that working on this committee was a great experience. She reported that educational information will be given out at Grand Terrace Days and the following Saturday at the Fire Station Pancake Breakfast. Councilmember Hilkey, expressed his excitement that America celebrates such anAmerican Holiday and that we have a committee that is willing to respond to our concerns and meet again. Mayor Ferre opened the Public Hearing for discussion, there being none she returned discussion to the Council. CC-2006-55 MOTION BY COUNCILMEM 3ER GARCIA, SECOND BY COUNCILMEMBR HILKEY, CARRIED 5-0, to adopt an Ordinance of the City of Grand Terrace, California, Amending Chapter 8.112 of the Grand Terrace Municipal Code and Regulating the Sale and Discharge of Fireworks which reflects the changes recommended by the Fireworks Ad -Hoc Committee. UNFINISHED BUSINESS 7A. Second Reading of an 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 Council Minutes May 11, 2006 Page 20 Mt. Vernon Avenue and Environmental Review Case No. 05-21 (E-05 -2 1) Mitigated Negative Declaration as Provided by the California Environmental Quality Act CC-2006-56 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the Second Reading of an 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 NEW BUSINESS - None CLOSED SESSION A. City Manager's Bi-Annual Evaluation Patricia Farley, 12513 Michigan Street, stated that the evaluation of the City Manager and the staff that you rely on for decisions is so alarming to the citizens of Grand Terrace. The staff are not seasoned attorneys and you are taking their opinion over the law at the risk of the community and money and she has a problem with that. Many people in Grand Terrace are dissatisfied with Mr. Schwab's performance. Over the past few years, complaints have been expressed by many citizen's in Grand Terrace about how Mr. Schwab is managing our City. Your evaluation of him needs to reflect all of the problems that we have and continue to have. As Councilmembers, you need to have the best legal advice to protect all residents and you are not getting that. Your continued support of Mr. Schwab and ignoring the concerns of the residents is very alarming. Council is responsible for the problems that Mr. Schwab is causing Grand Terrace if you continue to support him. She and others in this City feel very strongly that the Council owe it to the Citizen's of this City to hire a new City Manager in which they can have confidence and who better represents the needs of the community. You have a big job to do and you need to do the right thing. Mayor Ferre announced that the Council met in Closed Session to discuss the City Manager's Bi-Annual Evaluation and that the evaluation was done and that Council has given direction to our Attorney, John Harper to discuss with Mr. Schwab his salary and benefits. Mayor Ferre adjourned the meeting at 9:48 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, May 25, 2006 at 6:00 p.m. CITY CLERK of the City of Grand Terrace Council Minutes May 11, 2006 Page MAYOR the City of Grand Terrace