08/24/2006CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - AUGUST 24, 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 August
24, 2006, at 6:00 p.m.
PRESENT: Maryetta Ferr6, Mayor
Bea Cortes, Mayor Pro Tem
Herman Hilkey, Councilmember
Lee Ann Garcia, Councilmember
Jim Miller, Councilmember
Tom Schwab, City Manager
Tracey Martinez, Deputy City Clerk
Lary Ronnow, Finance Director
Gary Koontz, Community Development Director
Richard Shields, Building & Safety Director
Lt. Hector Guerra, Sheriff s Department
John Harper, City Attorney
ABSENT: Steve Berry, Assistant City Manager
The City Council meeting was opened with Invocation by Councilwoman Lee Ann Garcia, followed
by the Pledge of Allegiance led by Councilman Jim Miller.
CONVENE CITY COUNCIL MEETING
ITEMS TO DELETE - None
SPECIAL PRESENTATIONS
2A. Commendation - Outgoing Planning Commissioner Bidney
Mayor Pro Tern Cortes read a Commendation for Robert Bidney for his involvement in the
design, review and approval of projects that have enhanced the quality of life of all those
who live or do business in Grand Terrace and for the outstanding community service he has
provided to the City of Grand Terrace through the Planning Commission and presented him
with the Commendation.
Robert Bidney, thanked the Council for the presentation. He stated that he enjoyed serving
his four year term as a Planning Commissioner. He stated that you can never make everyone
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August 24, 2006
Page 2
happy. The Planning Commission takes the whole City into perspective. The Planning
Commissioners study each project and make their decision based on all the information that
they are provided and the input that they receive. The Planning Commission is very
dedicated and want to do what is right for the citizens of Grand Terrace.
2B. Recognition - Grand Terrace Little League Softball 9-10 All -Star Team
Mayor Ferr6 reported that the 9-10 year old Grand Terrace Little League All -Star Softball
Team that won the District 21 Championship, Section 7 Championship and finished third in
the Southern California State Tournament was being recognized at the meeting. She
introduced each of the girls, Manager and Coaches and expressed how proud the City is of
them and presented each of them with a certificate.
David Fisher, Team Manager, wanted to acknowledge the girls for their dedication that they
put forth. He reported that they spent about 6 weeks in All -Star competition practices and
games. Out of 45 days they only had 5 days off. He stated that they not only represented the
league but the City of Grand Terrace as well in winning the three tournaments and finishing
third in State.
CONSENT CALENDAR
Patricia Farley,12513 Michigan Street, stated that she knows that it is hard to get everything
down exactly in the minutes as it is said, however, sometimes very important statements are
made that some people don't realize when they are typing it. She feels that the minutes did
not include all of Lee Swertfeger's statements and feels that the following statement should
be included in the August 10, 2006 minutes: Not only did he claim to be in the trucking
business since the sixties but that he also stated that he had been charging people to park on
his property for all those forty plus years.
It was the consensus of the Council to direct the Deputy City Clerk to amend the August 10,
2006 Minutes to include Mr. Swertfeger's comments as verbatim and to bring them back for
approval at the next meeting.
CC-2006-95 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 3A., 3C., and 3D.:
ITEMS REMOVED FROM THE CONSENT CALENDAR
3A. Approve Check Register Dated August 24, 2006
3D. Lease Agreement - Colton Joint Unified School District Community Services
El
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August 24, 2006
Page 3
Building
CC-2006-96 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM
CORTES, CARRIED 5-0 to approve the following Consent Calendar Items that were
removed for discussion:
3A. Approve Check Register Dated August 24, 2006
3D. Lease Agreement - Colton Joint Unified School District Community Services
Building
PUBLIC COMMENT
Don Faris, 2482 Gail Drive, Riverside, stated that there is a problem everywhere with where
to park trucks. He stated that there are only 8 to 10 trucks that park at Swertfeger's
equipment. He stated that vandalism and security are issues for owner operators. He would
Iike to be able to continue to park his truck at Swertfeger's Equipment.
Graham Wetzel, 12355 Vivienda Avenue, he would like the City Council to allow him to
continue parking his truck and trailer at Swertfeger's Equipment. He has been parking there
for forty years and has never had a problem with theft or vandalism. His trucks have always
been maintained and inspected regularly by the State of California Highway Patrol and has
passed every inspection for low emissions and does not make excessive noise when it is
running. He doesn't drive it on the weekends nor does he leave for work during the night.
He leaves around 6 a.m. and is back in the yard at 6 p.m. The trucks that the neighbors are
complaining about are dirt haulers that are no longer there.
Chuck Vahovick, 12680 Sandburg Way, expressed his concern with every action being
overturned because of a few individuals. He thought Grand Terrace is for everyone not just
one person. He feels that the City needs to reconsider how they delegate their abilities to
progress.
Bill Hays, De Berry Street, reported that at the last Council Meeting he read an article from
the Press Enterprise dated April 28, 2006 regarding the time constraints that Mr. Jacobsen
set upon himself. He stated that Mr. Schwab answered that there would be a plan B. He
requested clarification because the DDA shows that all of Mr. Jacobsen's time constraints
have run out as of 151h on this month. He would like to know how Mr. Jacobsen can
continue on the Town Center Project when his time has expired and he would like to know
the status of Miguel's and the location of it. He stated again, for the fourth time, that he did
a written document request for the disposition of the 1996 Ford Crown Victoria. He has
been told that there is no documentation of what happened to that vehicle.
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August 24, 2006
Page 4
Patricia Farley, 12513 Michigan Street, stated that Mr. Lee Swertfeger was finally notified
that it has been illegal for him to allow truck parking on his property for over forty years
without being zoned for it and without proper permits, as he stated at the last Council
Meeting. Even though he has been charging people, as he stated all these years, no mention
was made regarding any damage to streets or how in allowing this has affected the quality
of life for the neighbors. She feels that the fees of $41,150 should never have been waived.
Mr. Swertfeger stated that he was unaware that he had been doing anything wrong and has
always followed all of the rules that the City has required, however, records seem to prove
otherwise. This type of operation was never even mentioned in the original conditions of
approval regarding his Conditional Use Permit that was approved in 2001 of which he has
been in violation because of non-compliance for many years. She believes that he is still in
non-compliance with the fire department regarding what is required by them related to his
handling and disclosure of hazardous materials and the City of Grand Terrace has to ensure
that it's businesses meet the State and Federal Laws. Also, permits that were required in
2001 by the AQD do not appear to exist and his business was not listed on the AQMD
chart for the new high school and should be. Staff knew that he had been in violation of
NPDES at times and may have allowed it according to Richard Shields as he stated in
minutes recently. He also stated that all of this should improve when Mr. Swertfeger is
allowed to expand with a 12,000 square foot building which never should have been
approved by Staff and the Planning Director with his history of non-compliance and the
many documents that have been submitted recently regarding his violations and for the most
part have been ignored. Other people in the City should be outraged about this and need to
come forward. The Council shouldn't represent just one person. She believes that Mr.
Swertfeger hasn't received the letters that Mr. Schwab sent listing the violations. The City
has an obligation to see that he receives that letter and he has a right to get it so that she
doesn't receive letters from his attorney accusing her of harassing her for standing up for her
rights and saying that he hasn't violated anything. She can prove that the letter says he has
and she has every right to protect her property and so do other residents of the City. She
questioned where Miguel's is going to be located because at the last Planning Commission
they said grading would begin in approximately two weeks.
Laura Austin, 12356 Michigan, stated that she knows the Mayor prides herself on having an
orderly professional dignified meeting and if anyone in the audience laughs, claps or speaks
out of turn you have told them right then that they are out of order, which she sees nothing
wrong with. However, she feels that she shouldn't single out a few people. At the last
Council meeting she spoke for only 2 minutes, the entire time Mr. Swertfeger laughed at her,
which could be heard across the room. When Patricia Farley got up and spoke for her three
minutes, he laughed the whole three minutes. It's on the tape and people mentioned it to her.
She would like the Mayor to be fair. She sympathizes with the truck drivers, she knows that
it is hard to find places to park the trucks, but they bought a home and they don't want the
trucks in and out of there. The first gentleman was from Riverside, where is the sales tax on
parking those trucks and is a Riverside resident going to come in and give a donation to
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August 24, 2006
Page 5
repair our streets. They do let the trucks idle. They don't want to hear the noise or smell the
fumes. She feels sad for them but would like them to find a commercial street.
Stacey West, 12438 Michigan Street, stated that they have had several issues with the
property and business. For forty years they have not charged for forty years worth of space
rental. The Fire Department has been at their property numerous times with inspections, no
problems. They are not required to have AQMD. As far as a harassment letter to Patricia
Farley, yes they have had numerous harassment issues with Patricia Farley, not only with
their business property but also with her mother and father's personal property. She does not
know what her issue is with her family but she has one. She doesn't know why these people
are complaining when they are buying next to commercial land. It is not their fault were
zoned for that area. They are in perfect right to do what they are doing with their property.
Because they are a commercial business they pay extra property taxes that helps with street
improvements and feels that they need to do better research.
Neil Derry, Southern California Edison Representative, came to discuss the recent rate
adjustments. The rates have gone up by an average of 15% in the system wide average. That
is everyone's rates will be affected differently depending on the size of the home and energy
efficiency of the home. June and July bills were significantly up. He suggested that
customers look at the website at sce.com, there are many opportunities for savings and
energy efficiency programs there as well as rebates and there is also opportunities to do home
efficiency surveys on that site. Due to the extreme weather and bill impacts, SCE has asked
the California Public Utilities Commission to postpone additional residential rate increases
from August 1, 2006 to November 1, 2006. Customers with questions about their bills can
call 1-800-655-4555.
Cynthia Bidney, 12219 Pascal, presented a measure for Council's consideration and
inclusion on an upcoming agenda. She read the first page of the prepared packet with the
entire document being entered into the record and available for public review. She would
appreciate it if she can complete the first page without interruption and would then like a
short moment to summarize:
An Ordinance of the City of Grand Terrace, California The People of the City of Grand
Terrace Hereby Ordain and Enact as Follows:
Title 2, Division 3 of the Codified Ordinances (Ordinance 187) of the City of Grand Terrace
is replaced in full as follows: (The Ordinance where ED is Allowed, City Clerk should be
able to find the right designation)
Whereas: Section 1. This Ordinance shall be known and may be cited as AN
ORDINANCE PROHIBITING THE EXERCISE OF EMINENT DOMAIN
FOR PRIVATE PURPOSES.
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August 24, 2006
Page 6
Whereas: Section 2. The City of Grand Terrace may not exercise the power of eminent
domain to acquire property from any private Owner thereof, without such
Owner's consent, when the purpose of the acquisition is to convey the
property so acquired to any private party.
Whereas: As used in this section, "Owner" means the owner of the fee title interest in
the property to be acquired.
Whereas: Section 3. Eminent domain is not to be used to further private economic
development. The City of Grand Terrace shall not initiate or participate in
any proceedings, or take any action to condemn private property for the
purpose of making such property available for private development, nor shall
the City participate, directly or indirectly, in such takings.
Whereas: "Participation" means contribution, lending, providing, pledging, or
foregoing, any funds, property, credit, in -kind services, or incurring any debt
to lease obligation or providing any other thing of value to an agency,
organization, or project.
Whereas: Section 4. Property acquired by the City of Grand Terrace through the use of
eminent domain after the effective date of this charter amendment must be
held or used for a public use by the City for a minimum twenty year period
prior to sale, lease, transfer or other disposition by the City.
Whereas: Section 5. Amendment or Repeal: This initiative may be amended or
repealed only by the voters at a City wide election.
Whereas: Section 6. Effective Date: Pursuant to the State of California Municipal Code
Section 92179217. If a majority of the voters voting on a proposed ordinance
vote is in favor, the ordinance shall become a valid and binding ordinance of
the City. The ordinance shall be considered as adopted upon the date that the
vote is declared by the legislative body, and shall go into effect 10 days after
that date. No Ordinance that is either proposed by initiative petition and
adopted by the vote of the legislative body of the City without submission to
the voters, or adopted by the voters, shall be repealed or amended except by
a vote of the people, unless provision is other wise made in the original
ordinance.
She would like to offer the Council the opportunity to sponsor this measure by signing as
signatures and sponsors of the measure, furthermore she would like to request this measure
proposal be placed on the Agenda for full Council consideration, public hearings and vote.
She provided two copies for Council signatures so that they can back up their words.
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August 24, 2006
Page 7
City Manager Schwab, stated that in regards to the truck parking issue at Swertfeger
Trucking, Staff met with them and go over several issues regarding their expansion and the
building of their new building. They agreed that they did not have a permit for the parking
of the vehicles on their parcel and they agreed at that time to issue notices to those truckers
to ask them to remove their trucks from the property and to discontinue storing them there.
Obviously based on the comments heard tonight, they have done that. Since this item is not
on the agenda, there is nothing that the City Council can do today. Right now there is no
permitted use for truck storage or parking, their use is for the manufacture, sales, and repair
of trucks and trailers. If they wish to pursue a use that included a truck storage, Staff would
have to evaluate whether that would even for within their current zoning. The only options
that they have is to make application to the Planning Department to ask if there would be a
possible way for them to do that. It would require the Staff to then evaluate it and make a
recommendation to the Planning Commission and that would then come before the City
Council depending on what action would need to be taken. If they want this to move
forward, he would suggest that they make some type of an application either through a letter
to the City or to the Planning Department. There was a question regarding Miguel's, it is
located exactly where it was located the last time it was approved. As the Council is aware,
the Miguels' moved three times until the location it is now, which is mid block on Barton
Road. In regards to the 1996 Ford Crown Victoria, several of the Councilmembers have
asked and he has explained to them, five years ago when he purchased the Dodge Durango,
his current City Vehicle, he was offered a trade-in by the dealer. At that time Steve Berry
paid the City $1,500.00 more than what the dealer offered as a trade-in. Mr. Berry drove it
to work for 2 1,12 years at which time he sold it and bought another vehicle.
REPORTS
5A. Committee Reports
1. Crime Prevention Committee
a. Minutes of July 10, 2006
CC-2006-97 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM
CORTES, CARRIED 5-0, to accept the July 10, 2006 Minutes of the Crime
Prevention Committee.
5B. Council Reports
Councilmember Hilkey, indicated that he is not happy with Southern California
Edison. He stated that when he SCE regarding his bill he was told that he had a 31 %
increase in June. He referred to a letter that stated that Edison didn't want customers
to face a rate increase this summer. The schedule amortization was August 1, 2006.
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August 24, 2006
Page 8
Neil Derry, responded that the rate increase occurred in January and February. There
were two rate increases one was 9% and one was 6% system wide average. There
was one that was scheduled for August and that is the one that has been put off until
November 1, 2006.
Councilmember Hilkey, stated that the one that hit him was June and July.
Mr. Derry, stated that there was no rate increase in June or July. The rate increases
occurred in January and February.
Councilmember Hilkey, stated that the woman that he spoke to stated that he has a
31% increase of his rates.
Mr. Derry, stated that could not be the case, she made a mistake. Customer rates
differ based on baseline, usage and a number of different factor that affect what each
individual pays. The August 1, 2006 rate increase that was suppose to go into affect
that has been postponed creates a new tier five rate. They currently have four tiers.
The first two tiers have not been affected throughout the year. Those are the two
rates that are at or j ust above your baseline. Anything above tier two did receive rate
increases as of January and February. Those rate increases were due to the cost of
natural gas that affect the generation of power.
Councilmember Hilkey, stated that he can't do anything about his bill, he has to buy
his electricity from Southern California Edison. Everyone is getting socked with
outrageous rates. He went through all of the charges that are added to the electric
bill.
Mr. Derry, responded by giving an explanation of the charges. He stated that he
would be happy to sit down and discuss the issues that Mr. Hilkey has. He stated that
there are ways that you can make home energy efficient and suggested going to their
website for suggestions and options. This is a statewide issue that everyone is
dealing with.
Councilmember Garcia, stated that she is big on getting information and questioned
if the City do a link to Southern California Edison's website.
Mr. Derry, responded that they have no control over the city's website, however,
there is no problem with SCE if the City would like to do that.
Councilmember Garcia, questioned if Edison can write some informational articles
for the local papers.
Council Minutes
August 24, 2006
Page 9
Mr. Derry, responded in the affirmative.
Councilmember Garcia, complimented Grand Terrace Elementary School for
providing their newsletter on what is going on at the school. She reported that the
Senior Center is up and running again and was pleased to see the newsletter. She
noticed the house on the corner of Mt. Vernon and Minona have beautifully
landscaped their yard. She questioned the status of the circulation study.
City. Manager Schwab, responded that he is unsure of the status of the study and will
have Assistant City Manager Berry provide a written comment for the Council when
he returns from vacation.
Councilmember Miller, suggested placing a no left turn sign on Barton Road near the
Sav-on. He stated that he received a letter, as well as the rest of the Council, from
Mr. Postmus, Chairman of the Board of Supervisors requesting support of his
recommendation for a Charter Amendment which would limit eminent domain and
protect property rights. He would like to propose that the City take a look at the
resolution and maybe vote on it, if not tonight then later on, and see if Council is in
favor of supporting Mr. Postmus. He mentioned that he would like to have a meeting
with Swertfeger and any of the concerned citizens that we have to possibly talk out
some of the issues. He doesn't know if this is something that still needs to be done
but would like to know if there are still issues that need to be addressed.
City Manager Schwab, responded that Staff had a meeting with Mr. Swertfeger to
discuss. If Council would like to set up a meeting Staff can certainly do that,
however, he is unsure what they would like to resolve.
Councilmember Miller, feels that things are starting to escalate and is not sure that
they will be able to solve anything, however, when you get people around the table
and they are able to talk, maybe they can start listening to other ideas and be able to
come up with some solutions. He requested that the meeting be adjourned in
memory of Gerdy Molini, who passed away this past week from a long courageous
battle with cancer. She was a long time resident of Grand Terrace.
Mayor Pro Tern Cortes, reported that Chamber of Commerce President, Sid Bailey
asked her to remind everyone about the Annual Golf Tournament that will be held
on October 27, 2006 at the Shandin Hills Golf Course. It is $75.00 per player, there
is a 10% discount if you sign-up and pay before the end of September. She gave her
condolences to Gil Molini and his family for their loss.
Mayor Ferre, reported that she attended the concert in the park last Friday evening.
They estimated 300 to 350 people. It was wonderful. City Staff did a marvelous of
setting up and breaking down. There was a book sale from the Friends of the
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August 24, 2006
Page 10
Library, Friends of Blue Mountain had a booth, Grand Terrace Woman's Club had
a booth and the Grand Terrace Community Soccer Club had a booth selling
refreshments. She thanked staff for doing a great job.
PUBLIC HEARING - None
UNFINISHED BUSINESS
7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace
Approving Zone Change No. 06-01 (Z-06-0 1) to Change the Existing RI -20 Zoning
to R1-10 and Delete the AG Overlay Zone for an 8.26 Acre Parcel Located on the
Northerly Side of Pico Street Starting Approximately 150 Feet Easterly of the
Intersection of Pico Street and Kingfisher Road and Environmental Case No. 06-03
(E-06-03) - Mitigated Negative Declaration as Provided by the California
Environmental Quality Act Council Procedures
CC-2006-98 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER
MILLER, CARRIED 5-0, to approve the Second Reading of an Ordinance of the City
Council of the City of Grand Terrace Approving Zone Change No. 06-01 (Z-06-01)
to Change the Existing R1-20 Zoning to R1-10 and Delete the AG Overlay Zone for
an 8.26 Acre Parcel Located on the Northerly Side of Pico Street Starting
Approximately 150 Feet Easterly of the Intersection of Pico Street and Kingfisher
Road and Environmental Case No. 06-03 (E-06-03) - Mitigated Negative Declaration
as Provided by the California Environmental Quality Act Council Procedures.
NEW BUSINESS
8A. AES - Discussion Item
Councilmember Hilkey, indicated that he handed out to each of the Councilmembers a quick
recap of the two meetings where AES presented their request for the City to allow a zoning
change and a property exchange. He feels that this item is going in a different direction than
he feels it was presented to Council. During the two meetings that were held he feels
Council was made to believe that the Council was going to have input. Now we hear that
the complete application is on its way. He feels that it is moving along quickly. The first
hearing is being held in Highgrove and expressed his concern about that. He feels that we
don't have a say so on the project and suggested that the Council take a position against the
installation of the peaker plant. He feels that this project is going to be an eye sore and a
potential pollutant.
Councilmember Garcia, stated that she remembers that they told Council the CEC would ask
for involvement from the City. She thought that City Hall received information on the
hearing. If she thought we could stop it, she would support that, however, she was under the
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August 24, 2006
Page 11
impression that although the City would have input but unless we had valid concerns that
could be backed up, there probably is not a chance of changing the outcome. Her concern is
that Grand Terrace is a small City; take on the fights that we can win. She feels that in order
to take on the fight you have to have the facts. She indicated that if she had a choice she
would rather not have the peaker plant there but the question is does she want to direct Staff
to go and do the research to fight this in the public hearing process of the CEC. She feels
that you would probably have to hire an expert to challenge the process. She would like to
hear what the rest of the Council has to say.
City Attorney Harper, stated that going on the record that the City opposes the project
probably isn't going to have much impact because you need to have some factual basis. The
CEC is going to make their decision based upon substantial evidence of the record. The one
thing, since he has been involved in the process, is that he doesn't know what environmental
is being done through CEC. If there is an environmental impact report being done then we
have the opportunity to appear in that process. Again, in comes down to us being able to
submit contrary evidence if we have a problem with something their EIR says. IF you want
to proceed down the path that Councilmember Hickey is suggesting, now is the time to start
doing that. You are going to need someone to examine those issues and give
recommendations. Given the fact that there is going to be a new high school built in the area,
he would think the School District would be interested in the project as well.
Councilmember Garcia, questioned if there was a chance ifwe challenged the project and we
were able to identify negative impacts that we may be able to get compensation.
City Attorney Harper, responded that if the City raises issues that there are potential
environmental impacts and based upon those he would presume that AES is going to have to
mitigate those effects but compensation is a different story.
Councilmember Miller, stated that the city is going to possibly receive $850,000.00 in sales
tax revenues from AES. He referred to the question, If we don't approve this project will you
look to do the project where the old building is now? The answer was yes. He stated that he
remembers asking Staff if we refuse to put the peaker plant where the tank farm is and they
build where the current facility is will we still receive the sales tax revenue and the answer
was no. He questioned if that was correct.
City Manager Schwab, responded that it is not correct. The revenue that was discussed was
property tax. There is no sales tax on the generation or sale of electricity. It would strictly be
on property tax and in fact, the property tax issues remain the same whether they are on their
existing parcel or relocated to the tank farm site.
Councilmember Miller, confirmed that even if we were opposed to the project on the new
site and they built the peaker plant on the existing site the City would still receive the same
amount of property tax funds. When he walked away that night the Council approved the
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August 24, 2006
Page 12
project he didn't believe this to be true. He feels that this is the first workshop and that we
will be invited and he is looking forward to the process. There is going to be 5 to 10 formal
hearings and 5 to 8 public workshops. He feels that we will get information and get a better
idea of which way we should go. He stated that his feeling is that we should be watchful of
what's happening but feels that we still have an opportunity at the upcoming workshops and
that we should wait and see.
Mayor Pro Tern Cortes, wanted clarification that regardless of what the Council does it is not
their final decision, it is the decision of the CEC.
City Manager Schwab, stated that the CEC will take into consideration things that the City
will bring up and would have to address them. The CEC is the final decision authority. The
City can comment and question their EIR but the actual approval process will be done
through the CEC.
Mayor Pro Tern Cortes, stated that there will be another and it should be in Grand Terrace.
Mayor Ferrd, stated that in the Council Packet mail, she received a letter from the CEC dated
August 8, 2006 and shared the following comments that she felt were important: The Energy
Commission is responsible for reviewing and ultimately approving or denying all thermo
electric power plants. It also said that over the coming months the energy commission will
conduct a number of public workshops and hearings on the proposal to determine whether
the hvp should be approved for construction and operation and if so under what set of
conditions. These workshops provide the public and local state and federal agencies the
opportunity to ask questions and provide input on the proposed project. The Energy
Commission will issue notices for these workshops and hearings at least 10 to 14 days prior
to the meeting. If your constituents would like to participate in the Energy Commission's
review of the project they should contact them. The City may participate in the Energy
Commission's review of the project and it is her understanding that a staff member will
attend all of the meetings.
Patricia Farley,12513 Michigan, is alarmed that the Council is not recognizing that they are
giving up their rights to go after them in court if you do not formally put in a letter in their
EIR complaining about the issues. You must protect the rights of the citizens by doing that.
Julie Wav, 690 Studebaker Road, Long Beach, there are clearly a number of questions about
the California Energy Commission permitting process, which in understandable because it is
a very complex process. She stated that it was their goal to have the first public workshop in
the City of Grand Terrace. She looked high and low but was unable to find a location that
had the capacity of the availability for the dates that the Energy Commission was available to
schedule the hearing. It is certainly their goal and the Energy Commission's goal to have
public workshops in the community in which the project will be cited. They will do their
best to make sure that the future workshops will be held in Grand Terrace. The Norton
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August 24, 2006
Page 13
Younglove Community Center, which is where the first site visit and informational hearing
will be held, is about a half mile from the project, so it is very close to the community, which
is why they felt it was an acceptable location for this first hearing.
Scott Galati, 555 Capitol Mall, Sacramento, feels that there is some confusion because the
Energy Commission process is very complex. The first hearing that Councilmember Hilkey
was talking about is a formal hearing to determine that an application is complete. That is
the only hearing that has taken place. That starts the process. Within 45 days they do their
first hearing to introduce the Commissioner to the site, to introduce the staff members to the
public and to introduce the site to the public. It is called the site visit and informational
hearing. The City should have been contacted for the September 19, 2006 site visit and
informational hearing. The purpose ofthat hearing is for the Energy Commission themselves
to tell you about their process. No decisions have been made. The application that was filed
with the Energy Commission is a two volume set that staff at the Energy Commission is
starting to review now. They will write what is called an issue identification report. What
is their first impressions, air quality, noise, land use, and visual will often end up in these
reports. This is the very beginning of the process, no one has made any decisions at this
point. There will be 5 to 8 public workshops and public hearings and there will be formal
evidentiary hearings before the Energy Commission ever considers the matter. There will
be several documents that will be published. There will be a preliminary staff assessment,
which will be like a draft EIR. The Energy Commission will also publish a final staff
assessment, which is their final recommendation. At that point, rather than the Commission
taking action, they have evidentiary hearings in the local community. The members of the
public that want to participate do not need to participate through the City. He urges any
member of the public that would like to participate to be granted status as an
intervener/member. This means that anything that they would file with the Energy
Commission would have to be mail to them as well as anything that the Energy Commission
published. Anyone who doesn't want to take on that status can get on as a n interested party
and receive everything on site. The application that they filed is in our local library or
download the documents on the Energy Commission's website. It is the very beginning, they
are no where near the end and they will have plenty of opportunity. We urge your
participation.
Councilmember Garcia, questioned who from the Staff will be tracking this project.
City Manager Schwab, responded that they haven't decided yet but that he, the Assistant City
Manager and someone from the Planning Department will attend the first hearing.
Councilmember Garcia, requested written reports from each meeting.
City Manager Schwab, responded that Staff will do that.
Councilmember Garcia, requested that Staff contact the School District and have someone
Council Minutes
August 24, 2006
Page 14
represent them as well.
Councilmember Hilkey, thanked Staff for getting the information together for him and
thanked Council for considering the question. He is concerned with the meeting being held
in Highrove and feels that it needs to be addressed. He hopes everyone participates and that
this project gets its due hearing.
CLOSED SESSION - None
Mayor Ferr6 adjourned the meeting at 7:50 p.m. in honor of Gerdy Molini, until the next CRA/City
Council Meeting which is scheduled to be held on Thursday, September 14, 2006 at 6:00 p.m.
CITY CL 0 of the City a rand Terrace
MAY of the City of Grand Terrace
III