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07/24/2007CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - JULY 24, 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 July 24, 2007, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Dan Buchanan, 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 John Harper, City Attorney Lt. Hector Guerra, Sheriff's Department ABSENT: None 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 AT 6:00 P.M. ITEMS TO DELETE City Manager Schwab, indicated that staff would like to continue item 6B. General Plan Amendment No. 07-01, Zone Change No. 07-01, Specific Plan No. 07-01, Site and Architectural Review Case No. 07-02 and Environmental Review No. 07-02 to construct a 120-Unit Senior Citizen Residential Facility Together with a Community Senior Center and 2.6 Acre Passive Park (Applicant: Corporation for Better Housing). City Attorney Harper, stated that late this afternoon staff received by fax a document of comments from Johnson & Sedlack on behalf of Citizens for Responsible Open Government. In order to address the issues which were raised, he is suggesting that the public hearing be continued for thirty days in order for the consultant to reply to the issues which have been raised. He stated that comments on this agenda item, since it is an item on the agenda, are not subject to public comment. In order to provide due process for both the developer and the citizens, we will have to limit comments on this subject to the formal public hearing, which will be in thirty days. Council Minutes July 24, 2007 Page 2 SPECIAL PRESENTATIONS A. Sheriff's Department Commanders Award - Gene Carlstrom Captain Tanguay, San Bernardino County Sheriff's Department, indicated that in June ofthis year, investigators from the Sheriff's Central Station acting in cooperation with the local businessman conducted an undercover sting operation at Excellent Spa in Grand Terrace. She is here tonight to recognize Grand Terrace's own Gene Carlstrom for his actions that made this investigation such a success. She read a memo that she received from one of the lead investigators, Detective Gary Snyder. She presented him with a Commanders Award for his efforts. Gene Carlstrom, thanked the Department for their work and for the award. CONSENT CALENDAR CC-2007-63 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of Item 3B. and 3D.: 3A. Approve Check Register Dated July 24, 2007 3C. Approval of 07-10-2007 Minutes 3E. Continuing Appropriations for FY 2007-2008 3F. Irrevocable Offer and Acceptance of Dedication - Riverside Highland Water Company ITEMS REMOVED FROM CONSENT CALENDAR 3B. Waive full Reading of Ordinances on Agenda 3D. Resolution Authorizing the Transfer of 12569 Michigan and 11695 Canal Street to the City of Grand Terrace and Appropriate $309,000 from the General Fund Unappropriated Fund Balance to Fund the Transfer CC-2007-64 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following items from the Consent Calendar: 3B. Waive full Reading of Ordinances on Agenda 3D. Resolution Authorizing the Transfer of 12569 Michigan and 11695 Canal Street to the City of Grand Terrace and Appropriate $309,000 from the General Fund Unappropriated Fund Balance to Fund the Transfer PUBLIC COMMENT Council Minutes July 24, 2007 Page 3 Chuck Hornsby, 22656 Brentwood Street, has lived in his home for about 13 years now and traffic was never been a problem until about 5 or 6 years ago. The City put in a couple of speed bumps that slowed things down for a while. A lot of cars come down Brentwood Street doing 45, 50 mph. He has noticed over the last couple of months that there are no speed limit signs on Brentwood. Sometimes all it takes is a reminder that the speed limit is 25. Scott Galati, 555 Capitol Mall, Suite 600, Sacramento, stated that he has been in front of the Council a few times and Council has heard him speak many times about how the AES Highgrove project is going through the Public ? Process through the California Energy Commission. The Energy Commission is having a workshop on August 1" and he wanted to make sure that the Council was personally invited to the workshop. There have been notices in some of the local newspapers and the Energy Commission has sent them out as well. This is the opportunity for the City and the City Council to participate in this public workshop, raise the issues and concerns they would like the energy commission to make sure they analyze. The purpose of this particular workshop is because the Energy Commission staff has asked AES to modify the Highgrove project's water proposal and how it was using water. They did revise that, went back and did some engineering and submitted that information to the energy commission. The energy commission staff has asked for a workshop so they can ask questions about that submittal and any other questions they may have about the project. This is again first of several workshops. There will be another workshop once the energy commission prepares its preliminary analysis. They have not done the preliminary analysis yet. While there are issues and concerns that can be discussed at this workshop, they haven't done their analysis. This is the perfect time for the Council and members of the public to come and voice their concerns. Herman Hilkey, 23196 Glendora Drive, questioned if they ever noticed when you are on the road and the cars with the loud boom boxes? What he hears inside his car is different than what you hear. There is a reason for it. The school district recently came against the peaker plant because it is close to the high school. It puts them in an interesting situation. If the peaker plant is approved, they have a position, and you know where that is going to go. Which is another hurdle that we don't want. There are two things that have come to fruition about these peaker plants in the last four years. Some of them not so public. One of them has to do with the low frequency noise. The second thing that has come up is that when they buy their natural gas, there is no quality control on the gas pipes that they are going to be using. There are issues that are coming up from people that make these generators. Roxanne Williams, 22005 Tanager Street, would like to once again talk about the AES Power Plant and the proposed high school number 3 for the Colton Joint Unified School District. The last time she was here she read the Resolution from the Colton Unified School District. That Resolution clearly stated that the Board Members have concerns. These concerns have been printed, not only as Resolution 7-12 but they have appeared in the local Council Minutes July 24, 2007 Page 4 newspapers. The public continues to need to be informed about the concerns that the proximity of this power plant will impose upon the new high school. At the last Council Meeting, the Mayor said that she wanted to hear about the preliminary comments before commenting herself. She has spoken with Robert World from the California Energy Commission, who is in charge of this project. She feels that it behooves the Council to make comments at this time_ If you wait it will be too late. It is time to make the comments now. She encourages the Councilmembers to agendize this item and oppose the proximity of this new power plant to the high school. Anne Wade -Hornsby, 22656 Brentwood Street, has a concern with a staff member working for a company called Jacobson Group who is probably going to be doing The EIR for the City General Plan. She feels that no one that doesn't have a vested interest in the City should be involved in the process and feels that it should be a true and objective EIR for the Grand Terrace. Patricia Farley, 12513 Michigan Street, feels that everyone needs to wake up. If they want a high school in Grand Terrace and you want your property protected you must attend these meetings and pay attention to what is going on in the City as far as the peaker plant and the high school. There is a meeting on August 1 at City Hall. The General Plan is being worked on by the Planning Commission, there are proposals for re -zoning different areas, you might not like it and it seems that in this City it happens without those people seriously affected knowing. The process of re -zoning property is important to everyone. The way it's done is important to everyone. People need to wake up and pay attention. She stated that the group that is doing the EIR is the Jamieson which goes back to Ralph Megna, Gary Koontz and now someone that is working in the Planning Department that is an employee of Jamieson Group. They consider this a large conflict of interest. She pointed out that there are trucks going around in the City of Grand Terrace that are doing work on lines that aren't labeled as to who they work for. There is standing water in the canal down near a residential property on Michigan. Tony Petta,11875 Eton Drive congratulated the City on making the list for the 100 best cities to live in. His observation is that it speaks well for City Staff, Law Enforcement, Citizen Patrol, Planning Commission and City Council. City Manager Tom Schwab, all the Council is aware that residential speeding has been something that we have dealt with for years. We are built on the side of a hill so most streets are downward. The Sheriff's Department has been working to take the traffic car off the major streets and into residential areas. He will have the Deputy check out Brentwood Street and also place the radar trailer to remind people of their speed. He feels that it is important that on August 1, 2007 from 2:00 to 8:00 p.m. that people come to the meeting on the Peaker Plant. The California Energy Commission are the experts. They are the people that can answer the questions. He will have staff looking at the standing water near Michigan. The Council Minutes July 24, 2007 Page 5 vehicles that are working that aren't marked is the cable company. They are in the midst of doing an upgrade of their cable system in Grand Terrace. As you know both the cable company and the telephone company are starting to broaden the types of services that they offer. Staff will look into placing speed limit signs on Brentwood. REPORTS 5A. Committee Reports 1. Historical & Cultural Activities Committee a. Minutes of June 4, 2007 CC-2007-65 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to accept the June 4, 2007 Minutes of the Historical and Cultural Activities Committee. 2. Crime Prevention Committee a. Minutes of June 11, 2007 CC-2007-66 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to accept the June 11, 2007 Minutes of the Crime Prevention Committee. 3. Emergency Operations Committee a. Minutes of June 5, 2007 CC-2007-67 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to accept the June 5, 2007 Minutes of the Emergency Operations Committee. 5B. Council Reports Mayor Pro Tem Lee Ann Garcia, stated that the Council receives the Inland Empire Quarterly Economic Report. In the most recent report there was an article on Cities and Future Opportunity, The Search for Economic and Environmental Synergy. Anyone interested in reading can get it from the City Clerk. There is a new group called the Green Institute for Village Empowennent, a non profit that is dedicated to promoting green technology and environmental awareness in Riverside and San Bernardino Counties. She congratulated C.E.R.T. on having 5 new residents that are going through the training. She asked for an update on the school board meeting that took place on July 11, 2007. She stated that she heard that our street sweeper is down and questioned if it is fixed. Assistant City Manager Berry, responded that the street sweeper has been f xed. Staff is Council Minutes July 24, 2007 Page 6 looking at a potential bid for street sweeping services. Mayor Pro Tern Garcia, questioned if there was any way the City could regulate the utility boxes. City Attorney Harper, you can request but they can't be regulated. Mayor Pro Tem Garcia, commended the library on their programs that they provide to the community. Reminded the community that on August 8, 2007 SCAG is going to have an earthquake conference and they will be having members of the C.E.R.T. program attend. They will have FEMA out and a lot of other agencies talking about how we can assure that we are prepared. She is happy to report that FEMA says that there is some money and that the Federal Government is going to require that the state have a National Recovery Plan. One of the problems right now is that there are two agencies in the State, Office of Emergency Services and Office of Homeland Security, and what has happened is that there is a battle at the State level on which of the two agencies is doing the most. More coordination is required. They had a great meeting with Mayor Loveridge and Councilmember Steve Adams and their City Engineer to talk about the 215 gap. She felt that it was very refreshing. She strongly requested that they have to ask for the total project rather than piece mill it and both agencies need to buy into it. It's 6.5 miles and approximately 1.2 billion dollars. Councilmember Cortes, felt that the meeting was productive and positive. SANBAG Board of Directors held two long meetings regarding TCIF. This is funding for the whole State from Proposition 1 B. The meetings were to prioritize which projects should be first on the list. There were several projects to prioritize. They could not come to a decision out of those two long meetings. The reason why is because our State Legislators in Sacramento have not set a criteria on which projects we should apply for first. They are waiting for the State Legislators to send each agency what the criteria is so that they can request which projects to be first. She feels that everyone should attend the August 1, 2007 meeting and have all of their questions answered, they are the experts. She thanked Ms. Farley for talking to audience. She asked if staff would look into speed limit signs on DeBerry where the middle school is. She attended the Korean War Veterans Breakfast that Rosa Smith put together and it was very touching. It was a very nice event and was glad to participate on behalf of the City of Grand Terrace. Counci (member Miller, questioned if there was a reduce speed sign on Brentwood as you get closer to the school. City Manager Schwab, responded that he is unsure but that staff would look into it. Councilmember Miller, questioned how many cars can park in a drive -way. Cound Minutes July 24, 2007 Page Building & Safety Public Works and Housing Director Shields, responded that for a two car garage driveway, two cars can park there, as a guess. Councilmember Miller, stated that there are quite a few homes in town that there are 5 to 6 cars parked in the drive -way. He feels that something needs to be done about this. Assistant City Manager Berri, responded that they will move the cars around every 72 hours and if they do that there really isn't anything staff can do. Councilmember Miller, reported on the facilities meeting of the Colton Joint Unified School District that he attended along with Mayor FerrE. He felt that it was very interesting and the nuts and bolts of what he got out of it was that there is a real concern of the Board Members regarding the cost to finish the school and the power plant. Right now, according to the plan that was put out basically said that the cost overruns for the school would amount to approximately 168 million dollars, which would put the budget over approximately 68 million and that they are unsure how they are going to cover the overage. There are a couple of Board Members that are concerned about the power plant and they will be attending the August 1, 2007 meeting. They are going to bring in a consultant who will review the financial obligations that the Colton Joint Unified School District is going to have to go under and how long it is going to take before they can start construction on the site. There has been worries that one of the tenants that is on the site now won't be off for 18 to 24 months. The consultant will come back in 2 to 3 months with a report. In the meantime they are continuing on the path to build a high school in Grand Terrace. Mayor Ferre, thanked Jan Bledsoe and her team for the Balloons and Assistant City Manager Berry for putting together all the decorations for the celebration. There is a new wireless hearing device for the public. Assistant City Manager Berry, stated that the City received a CDBG grant in the amount of $4,100 that paid for 8 infrared wireless devices that the hearing impaired public can use during the Council Meeting. There is a sign when you come into the chambers indicating that they are available. Mayor Ferr6, indicated that the Council would like to take a moment to relax and enjoy a very special moment for the City of Grand Terrace. Grand Terrace has been ranked by Money Magazine as one of the 100 Best Places to Live in the United States. This honor was not solicited but were called by the magazine. The criteria used was low crime rate, high test scores at schools, affordable housing, in proximity to top notch health care hospitals and education institutions. Also, she spent a number ofyears at Terrace View Elementary School where she saw with her own eyes parents and families that care about their children. When parents and families care about their kids and their quality of life for them it can do nothing but make a community very outstanding. She stated that we have a City Manager who has Council Minutes July 24, 2007 Pale 8 been in Grand Terrace as the City Manager for 20 plus years. There is no question that there is stability in the City Administration and that has a great effect on making us a great place to live. Our City Manager has more longevity than any other City Manager, he also lives within the community. Mayor Pro Tem Garcia, stated that she is so excited and that it is truly a testament to the entire community and wants to thank the businesses, the residents, the Staff and all of the volunteers. It is truly a team effort and looks forward to celebrating with everyone. Councilmember Cortes, indicated that she has lived in Grand Terrace for 35 years and she loves Grand Terrace. She feels what makes Grand Terrace so special is the people that volunteer. Mayor Ferre, temporarily adjourned the meeting to have a cake cutting ceremony and take pictures. Mayor Ferre, reconvened the City Council Meeting PUBLIC HEARING 6A. 2007-2008 Annual Review of Landscape and Lighting District - Resolution of the City Council of the City ofGand Terrace Confirming a Diagram and Assessment and Providing for Annual Assessment Levy for a Landscaping and Street Lighting District. City Attorney Harper, reported that this District was originally formed in 1989. It provides for maintenance of the public right of way in the areas that are subject to the District. It has been ongoing since 1989 because of the way the current statute works there is no potential for increasing the assessment and as a result the proposed assessment is the same. A Public Hearing needs to be opened to take testimony. Mayor Ferr6 opened the Public Hearing for discussion there being none, she returned discussion to the Council. CC-2007-68 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to adopt a Resolution of the City of Grand Terrace Confirming a Diagram and Assessment and Providing for Annual Assessment Levy for a Landscaping and Street Lighting District. 6B. General Plan Amendment No. 07-01, Zone Change No. 07-01, Specific Plan No. 07- 01, Site and Architectural Review Case No. 07-02 and Environmental Review No 07- 02 to Construct a 120-Unit Senior Citizen Center and 2.6 Acre Passive Park (Applicant: The Corporation for Better Housing) Council Minutes July 24, 2007 Page 9 CC-2007-69 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to continue the General Plan Amendment No. 07-01, Zone Change No. 07-01, Specific Plan No. 07-01, Site and Architectural Review Case No. 07-02 and Environmental Review No. 07-02 to construct a 120-Unit Senior Citizen Residential Facility Together with a Community Senior Center and 2.6 Acre Passive Park (Applicant: Corporation for Better Housing). To August 28, 2007. 6C. An Ordinance of the City Council Amending Chapter 12.28 of the Municipal Code and Establishing Maintenance and Pruning Requirements for Trees on Local Residential, Arterial and Major Streets in the City of Grand Terrace Assistant City Manager Bevy, indicated that at the July 10, 2007 City Council Meeting, the Council requested staff to provide more research regarding this issue and consult with the City Attorney on agreed upon verbiage for the amendment. It is staffs recommendation that the Council adopt an Ordinance of the City Council Amending Chapter 12.28 of the Municipal Code and Establishing Maintenance and Pruning Requirements for Trees on Local Residential, Arterial and Major Streets in the City of Grand Terrace. Mayor Ferre opened the Public Hearing for discussion. Patricia Farley, 12513 Michigan Street, stated that when you drive around Grand Terrace where it's a huge issue is where trees go out over the street. If you take right from the curb and go up 15 feet you are going to go up as high as the phone wires. You are going to destroy the looks of trees. She hakes it when she goes through a City and they have cut off one side of the tree or topped them all. It's bad for the tree and so ugly. She feels that this amendment to the ordinance would be very damaging to the trees in the City. Mayor Ferre returned discussion to the Council. Mayor Pro Tern Garcia, requested confirmation that staff will not be requesting the cutting of all trees, just those that are complaint driven. Assistant City Manager Berry, confirmed Mayor Pro Tem Garcia's statement. He also stated that they will not be clear cutting Grand Terrace. It will be in areas where there are problems with trees on certain streets and complaint driven. He stated that in Code Enforcement, they always work with the residents. He stated that he loves trees and that they aren't going to do anything that will kill a tree, however, they need to make the streets safe and the amendment is not far off of other cities. Mayor Pro Tern Garcia, stated that in the General Plan, it was a goal to be a tree city. Council Minules July 24, 2007 Page 10 Councilmember Buchanan, stated that Council added to the proposed language a phrase "and some special circumstances and approved by the City" and he assumes that staff will exercise that very liberally to take into consideration the growth of immature trees that are their way up that don't pose any type of traffic hazard. CC-2007-70 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 5-0, to approve the first reading of an Ordinance of the City Council Amending Chapter 12.28 of the Municipal Code and Establishing Maintenance and Pruning Requirements for Trees on Local Residential, Arterial and Major Streets in the City of Grand Terrace UNFINISHED BUSINESS - None NEW BUSINESS 8A. Appoint Voting Delegate and Alternate for League of California Cities Annual Conference CC-2007-71 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 5-0, to appoint Mayor Maryetta Ferre as the Voting Delegate and Councilmember Bea Cortes as the Alternate at the Annual League of California Cities Annual Conference Business Session. 8B. Agreement Between the City of Grand Terrace and La Sierra Holdings, LLC for Public Access to the Santa Ana River Trail CC-2007-72 MOTION BY COUNCILMEMBER MILLER, SECOND MY COUNCILMEMBER CORTES, CARRIED 5-0, to enter into an Access Agreement with La Sierra Holdings, LLC for public access to the Santa Ana River Trail System. CLOSED SESSION - None Mayor Ferre adjourned the meeting at 8:00 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, August 14, 2007 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR the City of Grand Terrace