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12/14/2006CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - DECEMBER 14, 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 December 14, 2006, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Bea Cortes, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields, Building & Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriff s Department John Harper, City Attorney ABSENT: None The City Council meeting was opened with Invocation by Pastor Rick Doucette, Calvary The Brook Church, followed by the Pledge of Allegiance by Herman Hilkey. CONVENE CITY COUNCIL MEETING Special Presentations to Outgoing Council Member Herman Hilkey Councilman Jim Miller, read a Resolution that was adopted by the Countyof San Bernardino Board of Supervisors acknowledging Herman Hilkey's retirement after 16 years in the office of City Council and all of his accomplishments while on the Council and wishing him a long happy and fulfilling retirement. Mayor Pro Tern Bea Cortes, presented a Certificate of Recognition from the California Legislator Assembly congratulating Herman Hilkey on 16 years of service to the citizens of Grand Terrace as a member of the City Council. Councilmember Lee Ann Garcia, presented Herman Hilkey with a Certificate ofRecognition from the State of California Senate recognizing and commending him for his exemplary service as Council Member for the City of Grand Terrace. She also presented him with a certificate of Special Congressional Recognition from the US House of Representatives in Council Minutes 1214.1006 Page 2 recognition of outstanding and invaluable service to the Community. Mayor Maryetta Ferre, on behalf of City Staff, City Council, and the entire City of Grand Terrace, presented him with the Chair ofHonor in appreciation of 16 years of true dedication to the City. Herman Hilkey, stated that being a Toastmaster and going through the program twice he told a little story about himself. When he was growing up he had a speech impediment and was always very quiet and never spoke. When he came to California, a man by the name of Bob Lahawn talked him into going to Toastmasters. He didn't realize how much silence bothers people. If you are with someone and you don't say anything it is bothersome. Toastmasters truly changed his life. He morphed into something different than what he was growing up in a small town in Colorado. He feels that Toastmasters is such an important organization. He has been a Councilman for 16 years, four terms, and was on the Planning Commission prior to that and decided this year that it is enough. He has become a science teacher at high school level and teaches 230 kids a day and it is going quite well. He stated that he is a project oriented Councilmember. Some people don't understand that. He gets his teeth into something that he feels is useful and good and pushes for it. Being raised by farmers and oil fuel workers in Colorado he feels that it is his job to get the right things done and he has always tried to do that, which can be offensive to people at times. Many public officers feel that the most important thing that they do is to get along and somewhere down the line getting done what needs to get done is second place. He has always felt that you need to get done what needs to get done first and get along later. He thanked Tom Schwab; from the very first day he was always very helpful to him. He always explained things to him and has been forthright. He feels that there is a real quality employee in him. He thanked the voters for putting trust in him for all of these years. He has done what he felt what the voters wanted. He expressed his concern with the Dodson property and feels that it was a Brown Act Violation. He feels that the Agenda has to represent what is happening and feels that it didn't that night. He got involved in politics 24 years ago when the School Board had an Agenda and what was on the Agenda was not what took place that night. He stated that the City paid 1.2 million dollars for a house that we will never use, don't need and shouldn't have. Because of the timing right after the election he has always questioned it and has been threatened with a law suit because of his questions with this transaction. There is no fraud in Grand Terrace. Sometimes the Council makes decisions based on a passion or what they feel is going to happen in the future but there is no fraud. The good things that have happened in the last 16 years that aren't his projects but some wonderful things have happened. The Town Center with Food Connection and Day Care was a major improvement that the staff put together, Pico Park, refinancing so that the City can become independent by cutting back and lived on its income. The coordination with the Planning Department and the staff at the School District and the City of Riverside and the relocation of the utility lines through where the new high school and Outdoor Retail Center is going. He stated that all of the projects that he has worked on are out in the Iobby. He stated that he does have some Council Minutes 12.14-2006 Pale 3 regrets. He feels that it is difficult to look ahead and decide what battle is worth digging your heels in for. It's easy to look back and pick the battles that were lost from the start. He has taken on a few battles that were probably lost from the start. He thanked the Seniors and for their newsletter. He stated that if he had to pick one best thing that has happened to him over the past 16 years if would be that he has gotten to know the citizens of Grand Terrace and those that run the City. He feels that it has been such a joy and pleasure and thanks everyone. Councilmember .Tim Miller, stated that he is sorry to see Herman leave he has only been on the Council with him for two years. He feels that he should be proud when he leaves tonight and the Council feels proud that he has done the best job that he could possibly do. He feels proud to know Herman and is sorry to see him go. He hopes the best for him and his family and expressed his sympathy for the passing of his mother. Councilmember Lee Ann Garcia, stated that she was really going to miss Herman. She has always valued, even when they disagreed, what he brought to the table. She stated that she will miss his sense of humor. She feels that it is wonderful that he is a teacher and the knowledge and wisdom that he has to share with all of the students is a great benefit to the entire society. She feels that Herman is an outstanding human being and she wishes all the best to him and his family. She expressed her sympathy for the passing of his mother. Mayor Pro Tern Bea Cortes, for those that don't know Herman, he is feisty and he can be really tough on you. When she first starting running for Council four years ago he bullied her and she thought to herself that if she gets elected she is going to have to work with Herman Hilkey. After she was elected, Herman was totally different with her. He supported her and when she was appointed to SANBAG he showed up at SANBAG and made an announcement to the Board of Directors she is taking my place, please help her and take her under your wings and help us in the City of Grand Terrace, which she is very appreciative of that. She thanked him for supporting her at SANBAG. She expressed her sympathy for the loss of her mother. She wished him the best of luck. Mayor Maryetta Ferr6, wished Herman the very best. He has certainly dedicated his life to Grand Terrace for 16 years and she and the residents appreciate it. 2. Reciting the Fact of the General Municipal Election Held on November 7, 2006, Declaring the Result and Such Other Matters as Provided By Law CC-2007-118 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0, to approve the Resolution Reciting the Fact of the General Municipal Election Held on November 7, 2006, Declaring the Result and Such Other Matters as Provided By Law 3. Swear in Newly Elected Mayor, Maryetta Ferr6 and Newly Elected Council Member Council Minutes 12.14.1006 Page 4 Bea Cortes City Clerk Mesa announced that the Newly Elected Mayor, Maryetta Fen-6 and Newly Elected Council Member Bea Cortes will be sworn in. She indicated that she will be doing the oath for Mayor Maryetta Ferre then once she is done Council Member Bea Cortes will be sworn in by her daughter Camille Cortes. City Clerk Mesa swore in newly elected Mayor, Maryetta Ferre. Camille Cortes swore in newly elected Council Member Bea Cortes. Manor Maryetta Ferre, stated that she would like to take a moment and say a few words. She is overwhelmingly honored to be elected the Mayor of Grand Terrace. She takes this position seriously and feels greatly responsible to this community. They have been given a clear mandate to move this City forward with a positive agenda and she truly believes that together we can keep Grand Terrace as a leading example of a City that plans for the future and still maintains the community spirit that has brought us together at this point. She can not begin to thank enough the people that supported her and the people that voted for her. She made new friends in the process and rekindled some old friendships. She especially thanked Jeff Jackson and Jamie Garcia and her family. She gives special thanks to her son, who gives her expert advise and unbinding support. Her family is here this evening and she introduced them. Councilmember Bea Cortes, feels that it is a great honor to be in this position and she owes that honor and thankfulness to God. She believes without God nothing is possible. She thanked her beloved children, Camille and Robert. She thanked the voters that voted for her, she is overwhelmed with the high percentage. She indicated that she walked 31 days and walked every street in Grand Terrace. She met so many new people and saw how beautiful the City is. She thanked the voters. She thanked the following list of citizens in the community that are close friends to her that have supported her and have been an encouragement to her: Gene Carlstrom, Byron Matteson, Matt Brown, Tony Petta, Ann Petta, Roy Nix, Pat Nix, Louise Lunstrum, Tim Lunstrum, Jaci Hammill, and Sid Bailey. She indicated that there is another group of people that you don't know that are behind the scenes that are very dear to her, which are Marti Hendrix, Isabel Monroy, Jodi Smith, and Larry Halvin. Larry Halvin was so supportive, people were thinking that he was her campaign manager. She thanked the staff, Tom Schwab for his hard work that he puts into the City. Steve Berry, she feels does an awesome job in putting the City in the press. She thanked all of the Department Heads and Tracey Martinez that did an outstanding job while City Clerk Mesa was on Maternity Leave and Jo Verhelle the Assistant to the City Manager, she really appreciates all of her support. She is very thankful to be here and will always do her best for everyone. 4. EIection of Mayor Pro Tern Council Minutes 1214.2006 Page 5 Mayor Ferr6 indicated that the Position of Mayor Pro Tem is now vacant and that the floor was open for nominations. Councilmember Cortes nominated Councilmember Lee Ann Garcia for the position of Mayor Pro Tem. CC-2006-119 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0, to appoint Lee Ann Garcia as Mayor Pro Tem of the City of Grand Terrace. 5. Review and Assign RepresentativeslAltemates to Various Organizations It was the consensus of the Council to continue this item to January 23, 2007 ITEMS TO DELETE - None SPECIAL PRESENTATIONS - None A. Introduction of New Citizen Patrol Members Lt. Hector Guerra, San Bernardino County Sheriff's Department, stated as Council may be aware, the Sheriff's Department has an on -going recruitment process to recruit citizens to participate in the Citizen's Patrol Program. This year they have been able to recruit a few citizens from the City and he would like to introduce the four newest members for the City of Grand Terrace: Jeanie Ray, Mary Ann Stewart, Debra Hurst and Mickey Bubier. They completed 40 hours of training in various areas of some of the tasks that they will be performing. This is just the beginning of the training, as they continue they receive a lot of on the job training. The Department is proud to have them. CONSENT CALENDAR CC-2006-120 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to approve the following Consent Calendar Items with the removal of items 3A. and 3C.: 3B. Waive Full Reading of Ordinances on Agenda 3D. Resolution of the City Council of the City of Grand Terrace, California, Rescinding Resolution 2005-02 and Establishing Times for Regular City Council Meetings 3E. Memorandum of Understanding - Pico Street Storm Drain (Colton Joint Unified School District) Council Minutes December 14, 2006 Page 6 3F. Joint Use Agreement - Pico Park (Colton Joint Unified School District) 3G. Notice of Completion Riverside 48" Water line Relocation (Trautwein Construction) 3H. Resolution - Approval of Final Tract Map No. 17264 (Dulce Vida, LLC) 3I. Annual Financial Report for Fiscal Year Ending June 30, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 3A. Approve Check Register Dated December 14, 2006 CC-2006-121 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to approve the Check Register Dated December 14, 2006. 3C. Approval of H-09-2006 Minutes CC-2006-122 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 3-0-0-1 (MAYOR FERRE ABSTAINED), to approve the November 9, 2006 Minutes. PUBLIC COMMENT Bill Hays, 22114 De Berry Street, stated that at the Iast Council Meeting he made a suggestion on the Corporation for Better Housing, the Senior Housing, in place of having someone from the Corporation for Better Housing come out and explain it that we have someone from HUD come out and explain it. Mr. Schwab said that it was not a Section 8 Housing Project, that it wasn't aHL-D Project and requested clarification because the Ground Lease, the Land Lease specifically says that it is Section 8 Housing. Patricia Farley, 12513 Michigan Street, she brought it to attention publicly for anyone who isn't focusing on it that is spite of the claims of certain City Officials both in these meetings and publicly running for office the importance of following the law. There are blatant violations of the law and inconsistent enforcement all over Grand Terrace. She feels that it is very disturbing. The City itself violates the laws, a good example is the grading going on Barton Road. Completely out of compliance with the law, court orders and without the proper permits. If she tried to do something she would be nailed. She feels that it isn't ok to say you don't know about it. You have had plenty of warning about what is going on in the City Management and you are responsible if you allow things to go on in the City and not equally enforcing the Iaw. This is light thumbing your nose at the courts and at the citizens if you do not equally enforce the law. It is very disturbing and it can not continue. City Manager Schwab, Section 8 Housing is a program that provides for housing grants to individuals to be able to rent either apartments or houses. It's not an entity that could even Council Minutes December 14, 2006 Page 7 `--' hold a contract. The project is not a HUD project. Corporation for Better Housing, as Council has been aware, will be here on January 9, 2007 to explain the project, how it's funded. If Mr. Hays wishes the questions then he certainly can. It is not a HUD Project it's not funded by HUD. All housing projects in the United States are governed by laws that HUD established, some of the income guidelines and so forth are established by HUD and there are references made to those guidelines but it is simply not a HUD project. In regards to the grading on Barton Road, the grading that you see on Barton Road is the beginning of the grading to build a new Miguel's Jr. restaurant there. Miguel's has been trying to get their project approved to build their new restaurant. They are moving from where they are located now next to Stater Bros. and build a restaurant with a big sit down dining area as well as a drive-thru. They started their clearing and grubbing process this week. They were issued their grading permits this week and so they are in complete compliance to be able to start doing their grading. There is absolutely no legal why we can not do this. Ms. Farley did participate in the filing of a law suit, however, filing of a law suit in and of itself does not stop a project. They are perfectly within their rights to start their grading and did so and when they come in to get their building permit we will issue that as well. REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of October 2, 2006 and November 6, 2006 CC-2006-123 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to accept the October 2, 2006 and November 6, 2006 Minutes of the Historical and Cultural Activities Committee. 2. Crime Prevention Committee a. Minutes of October 9, 2006 CC-2006-124 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to accept the October 9, 2006 Minutes of the Crime Prevention Committee. 3. Emergency Operations Committee a. Minutes of October 3, 2006 and November 7, 2006 CC-2006-125 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to accept the October 3, 2006 and November 7, 2006 Minutes of the Emergency Operations Committee. Council Minutes December 14, 2006 Page 8 b. Appoint New Alternate Member (Santana) CC-2006-126 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to appoint Oscar Santana as an Alternate Member of the Emergency Operations Committee with a term continuing to June 30, 2008. 5B. Council Reports - None PUBLIC HEARING 6A. Community Development Block Grant (CDBG) Program Re -Allocation Assistant City Manager Berry, stated at the August 28, 2003 City Council meeting, Staff requested Council to allocate up to $15,000 for a Consulting Services RFP to prepare an environmental remediation program for the now defunct K & J Plating facility on Main Street and Taylor. As presented on February 12, 2004, City Council allocated $120,000 of CDBG funds for a Phase U remediation program for the site based upon the recommendations from the environmental consultant and direct talks with the State's Department of Toxic Substances and Control (DTSC). In October 2006, staff was notified by the current owners of the property that they have decided to retain the property and accept responsibility for the cleanup. No CDBG funds were used in any preliminary clean-up efforts. Staff is recommending re -allocation of the remaining balance of CDBG project # 106-29110/2618 to be used with the balance in the un-programmed funds for the Newport Avenue Street Improvements project log #32325. This new project will be competitively bid out according to CDBG guidelines after a schedule change at a January 2007 CDBG plan modification hearing. Mayor Ferri opened the Public Hearing for discussion, there being none she returned discussion to the Council. CC-2006-127 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0, to re -allocate the remaining balance of CDBG project #106-29110i2618 to be used with the balance in the un-programmed funds for the Newport Avenue Street Improvements project log #32325. This new project will be competitively bid out according to CDBG guidelines after a schedule change at a January 2007 CDBG plan modification hearing. UNFINISHED BUSINESS 7A. Traffic Ad Hoc Committee Report CC-2006-128 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER Council Minutes December 14, 2006 Page 9 MILLER, CARRIED 4-0, to approve the recommendations of the Ad Hoc Traffic Committee. 7B. Fireworks Ad Hoc Committee Report CC-20005-129 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to accept the report as given by the Fireworks Ad Hoc Committee and direct staff to agendize further discussion on fireworks. NEW BUSINESS 8A. Approve Contract for the Corinthians Futbol Club for the Use of the Fields at Pico Park and Rollins Park CC-2006-130 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEM 3ER MILLER, CARRIED 4-0, to approve the Contract with the Corinthians Futbol Club for the use of the Fields at Pico Park and Rollins Park 8B. Procedure for Filling Vacant City Council Position CC-2006-131 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0, to appoint a person to serve the remainder of the term that was vacated by Mayor 17err6 within 30 days, receive applications from interested persons from December 18`h to December 28`h, and conduct interviews and take action at the Council Meeting scheduled to be held on January 9, 2007. 8C. Appropriation and Award of the Competitively Bid Mt. Vernon Street Phase II Road Maintenance Services Contract to Roquet Paving CC-2006-132 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to appropriate $430,000 for the Mt. Vernon Phase H road re -construction project (funding would be appropriated as such; $90,000 from Fund 11 and $340,000 from the General Fund unappropriated fund balance), establish in the General Fund an estimated revenue for a payment in lieu of the trench repair of $50,000, and approve the contract with the low bidder, Roquet Paving, for road maintenance services on Phase II on the Mt. Vernon road re -construction project. CLOSED SESSION - None Mayor Ferre adjourned the meeting at 10:06 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, January 23, 2007 at 6:00 p.m. Council Minutes December 14, 2006 Page 10 CITY CLERK of the City of Grand Terrace r MAYO f the City of Grand Terrace 11