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03/27/2007CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - MARCH 27, 2007 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 March 27, 2007, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern 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 Lt. Hector Guerra, Sheriffs Department Rick McClintock, San Bernardino County Fire Colin Burns, City Attorney ABSENT: Dan Buchanan, Councilmember Gary Koontz, Community Development Director John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Salim Elias, Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Councilman Jim Miller. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Proclamation - National Crime Victims' Week - April 22-28, 2007 Mayor Pro Tern Garcia read a proclamation proclaiming the week of April 22 through 28, 2007 as National Crime Victims' Week in the City of Grand Terrace. 2B. Proclamation - National Day of Prayer - May 3, 2007 Councilmember Cortes read a proclamation proclaiming May 3, 2007 as National Day of Prayer in the City of Grand Terrace urging all citizens to observe this day in keeping with their personal beliefs. Council Minutes March 27, 2007 Pale 2 Mayor Ferre presented Carolyn Preschem with the proclamation. Carolyn_Preschern, Moderator, Connecting Leaders Through Prayer, thanked the City for the proclamation. CONSENT CALENDAR CC-2007-32 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER BUCHANAN WAS ABSENT), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated March 27, 2007 3B. Waive Full Reading of Ordinances on Agenda 3C, Approval of 03-13-2007 Minutes 3D. Notice of Completion - 2006-2007 Slurry Seal Program (American Asphalt South, Inc.) 3E. Contract Between the City of Grand Terrace - Blue Waves Swim Program and the Riverside YMCA for Swim Lessons and Open Swim Program at Terrace Hills Middle School for Summer 2007 PUBLIC COMMENT 0 Roxanne Williams, 22005 Tanager Street, indicated that she has a proclamation that she would like the City Council and City Manager to consider and read the following: Proclamation In Opposition to the AES Highgrove Power Plant WHEREAS, the City Council of Grand Terrace supports the construction of the Colton Unified School District;s high school 43; and WHEREAS, City Council of Grand Terrace finds that the AES Higligrove Power Plant is not in the best interest of the city, and offers no direct benefit to its citizens; and WHEREAS, the AES Highgrove Power Plant poses safety risks to the high school 03 students due to the power plant's storage of hazardous materials (ammonia, sulfuric acid, etc.), transport of wastewater, and the proximity of high pressure gas lines; and WHEREAS, the AES Highgrove Power Plant will emit harmful air emissions of particulate matter (PM2.5 and PM 10), carbon monoxide (CO), sulfur dioxides (S02), and nitrogen dioxide (NO2); and Council Minutes March 27, 2007 Page 3 NOW, THEREFORE BE IT PROCLAIMED that the City Council of Grand Terrace: HEREBY expresses our opposition to the AES Highgrove Power Plant HEREBY urges the California Energy Commission (CEC), the South Coast Air Quality Management District (SCAQMD), the Department of Toxic Substances Control (DTSC), and the Colton Joint Unified School District to oppose the AES Highgrove Power Plant. BE IT FURTHER PROCLAIMED that the City of Grand Terrace urges its citizens and neighboring cities to oppose the AES Highgrove Power Plant. Dated March 27, 2007 She feels that the proclamation is important and that the City Council's opinion should be heard prior to the South Coast Air Quality Management District and the California Energy Commission's preliminary determinations. They should have the City Council's input prior to the preliminary determinations. The proclamation will serve that purpose of that communication. She feels that the City Council has a responsibility to make a proclamation on the building and operation of a polluting power plant within its borders. She indicated that she met with the City Manager on 01-24,2007 and requested that the City Council direct the City Manager to hold a town meeting. She stated that they agreed that if the CEC and AES will come then he is willing to hold a meeting and to write a letter and to advertise in the local newspapers and to be on the front page. REPORTS SA. Committee Reports 1. Crime Prevention Committee a. Minutes of February 12, 2007 CC-2007-33 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-1-0 (COUNCILMEMBERBUCHANAN WAS ABSENT), to accept the February 12, 2007 Minutes of the Crime Prevention Committee. 5B. Council Reports Mayor Pro Tern Garcia, apologized for missing the last Council Meeting, she was not feeling well. She announced that the daffodils are blooming at Richard Rollins Park. She expressed her gratitude for the Inland Empire Breakfast and encouraged everyone to attend. She reported that a sunrise service will be held on Easter Sunday. She thanked Councilmember Council Minuses March 27.2007 Page 4 Jim Miller for attending the Commuter Rail Meeting. They were able to get the Commuter Rail Committee to agree to take no action at this time and allow SCAG to study the feasibility of the Metrolink station. She feels that it was beneficial to have Councilmember Miller there to speak on behalf of the project. She attended along with Mayor Ferre and Councilmember Cortes, the City County Conference. She reported that downtown San Bernardino will have a lot of building in the next five years. She was extremely impressed with the Director of Caltrans. She reported that she and Assistant City Manager Berry went to Sacramento for SCAG to testify on behalf of the Senate Transportation and Housing Committee and while they were there they were able to meet with Senator Dutton, who is doing a great job. They were also able to meet with Assemblyman Emmerson. It was a very good visit and very beneficial. She attended, along with Councilmember Cortes, the Economic Conference. Councilmember Cartes, she enjoyed the forum with all the State Legislators that was held at the City County Conference. She announced that Vic Pfennighausen was in a terrible accident and wished him well. He is a long time resident of the City and a great volunteer and requested that a card and flowers be sent to him. She requested that the meeting be adjourned in memory of Dale C. Harpe. He had a long battle with cancer_ He was active with the Girl Scouts and helped with a lot of their programs and coached little league. A certificate was prepared showing that the meeting was adjourned in his memory. She wished Richard Shields a happy birthday. Councilmember Miller, feels that it may be the time to invite AES and the CEC to have a workshop so that everyone has a better understanding and knowledge of what is going on with the Power Plant. He reported that there is trash and junk on the hillside and asked him to get a hold of Caltrans. He indicated that it was Mayor Pro Tem Garcia that convinced the Commuter Rail Committee to go the way that they did. She is an excellent supporter of the community and the region and did a wonderful job changing the thoughts of some of the people on the Committee. He questioned when the next SANBAG meeting will be held. Councilmember Cortes, responded that it will be on April 4, 2007. Councilmember Miller, stated that Senator Emmerson will behaving the Annual Woman of Distinction event. Laurie Shearer from the Library and Pauline Grant, a Volunteer for the City, will be honored at that event. Mayor Ferre, indicated that she feels that the City looks very good. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace Adding Chapter 9.28 of the Grand Terrace Municipal Code to Regulate Medical Marijuana Dispensaries I Council Minutes March 27, 2007 Page 5 within the City of Grand Terrace City Manager stated that currently the City of Grand Terrace does not have any regulations nor are there any codes cited regarding the medical marijuana dispensaries. Recent newspaper articles regarding this subject, many cities in the area are taking up ordinances and moratoriums to prevent these type of facilities to be located in their communities. He spoke to the City Attorney who recommended that the staff bring forth this Ordinance to regulate these type of dispensaries. Although the State of California has approved laws allowing for medical marijuana they are still prohibited under Federal Law are in violation of the Federal Controlled Substances Act. He is recommending that the Council conduct a Public Hearing and adopt the first reading of the Ordinance. Mayor Ferre opened discussion to the public. Thelma Winkler Beach, 12570 Mt. Vernon Avenue, expressed her thoughts regarding the proposed Ordinance. She encouraged the Council not to allow Marijuana Dispensaries in the City. Mayor Ferre returned discussion to the Council. CC-2007-34 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-1-0 (COUNCILMEMBER BUCHANAN WAS ABSENT), to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace Adding Chapter 9.28 of the Grand Terrace Municipal Code to Regulate Medical Marijuana Dispensaries within the City of Grand Terrace. UNFINISHED BUSINESS - None NEW BUSINESS - None CLOSED SESSION - None Mayor Ferre adjourned the meeting at 7:22 p.m. in memory of Dale Harpe, until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, April 24, 2007 at 6:00 p.m. MAYO of the City of Grand Terrace CITY CLERK of the City of Grand Terrace I I