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08/28/2007CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 28, 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 August 28, 2007, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Dan Buchanan, Councilmember Tom Schwab, City Manager Brenda Mesa, City CIerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Gary Koontz, Community Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Hector Guerra, Sheriff's Department ABSENT: San Bernardino County Fire 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 Mayor Pro Tem Lee Ann Garcia. CONVENE CITY COUNCIL MEETING AT 6:00 P.M. SPECIAL PRESENTATIONS A. Homes of Distinction Assistant City Manager BeE[y, announced that Cape Terrace is the winner of the Homes of Distinction Award. CONSENT CALENDAR CC-2007-79 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following Consent Calendar Items: 11 Council Minutes August 28, 2007 Page 2 3A. Approve Check Register Dated August 28, 2007 3C. Approval of08-14-2007 Minutes ITEM REMOVED FROM CONSENT CALENDAR 3B. Waive Full Reading of Ordinances on Agenda CC-2007-80 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following removed consent calendar item: 3B. Waive Full Reading of Ordinance on Agenda PUBLIC COMMENT Patricia Farley,12513 Michigan Street, indicated that she is very frustrated that she only gets 3 minutes to tell facts and then Councilmembers and staff members make comments that are inaccurate and that are misleading to the public and she is left to look like she is wrong. There were several instances of that at the last meeting. Mr. Buchanan and Mr. Schwab both stated that the City has never use eminent domain in Grand Terrace. They feel that they are being truthful even though they threatened it upon citizens in writing and feels that the public would think that is not truthful. There was a hearing that Mr. Harper and Mr. Schwab referred to on the Town Center saying that the City won. She would like to remind them that when a judge listens to a case they may not hear all the case, they may only make a judgement on the timeline. The City did not win, in fact what the city presented says that apparently we are not going to have any chance to have input on the Town Center plan because they are claiming that it is already approved, even the Planning Commission, at their last meeting, asked when they are going to get to see the plans. According to this, Gary Koontz says that the Barton Road Specific Plan where we are requiring a master development plan does not define Master Development Plan nor does it require any specific form of approval. She has seen that Mr. Koontz doesn't have to approve it. In addition to that, Mrs. Ferre made a long speech about the High School and the disappointment of the City if the CJUSD backs down on this. She failed to mention that a huge concern of the District is reactivating the peeker plant. She feels that there are some problems in the information that went back and forth and in the decisions, comments of looking at all the pros and cons have not been paid attention to. In addition, Mr. Schwab has led people to believe that the City is not looking for more than one high end City Zones. She would like to remind everyone that the public and the Council should be mad at City Staff that they fulfill what's required in court. The truth, the whole truth, and nothing but the truth. If they don't do that they are misleading the public and that is dishonest. Richard Lode[, 12610 Garden Avenue, stated that he has been a resident of Grand Terrace for 40 years. There have been rumors about the status of Colton Joint Unified School District High School #3, which is to be located in the City of Grand Terrace. He would like {_ Council Minutes August 28, 2007 Page 3 to take this time to thank the Council for assisting the school district in securing land at a very reasonable price to construct this new high school. He would like to thank the Council for assisting the Colton Joint Unified School District when it became time to relocate the water transmission pipe, which ran directly under proposed classroom buildings. The City stepped up and paid 60% of the cost to the Districts 40°-0. Finally, he would like to thank all of the citizens of Grand Terrace who voted yes on Measure B years ago to help our children obtain a better education. Recently he has read reports that the Colton Joint Unified School District wants to meet with City Officials in Grand Terrace to see how again this City can assist them in completing the goal of building a new high school. He strongly feels that this community, this city, and this city council has done everything that has been asked of them and feels that it is now time for the Colton Joint Unified School District to step forward and do the job that they were elected to do by this community. He feels that now is the time for this City and this Community to hold the Colton Joint Unified School District Board accountable for their lack of progress and remind them that they need to fulfill their promise to the students and children of this community. Janese Makshanoff, 21816 Vivienda Avenue, she feels that next door to her home is a fire hazard. And she has to live with that everyday. Being legal, non -conforming., as she found f— at the last Planning Commission is that if 75% of her structure burns down, she can not rebuild. She questioned if there is some type of wiggle room in that Ordinance considering the fire hazard that she has next to her. She stated that last year Edison's water canon knocked down a baby red tail and two days later it showed up in her horse arenas very dehydrated. She took it over to Grand Terrace Emergency Vet and they took it to Birds of Prey Rescue. This year she heard the water canon and the red tail hawks screeching so she went out there she noticed that the worker was hand spraying and she wanted thank Edison for not displacing the Red Tails. There is a new business in town called the Red Door. They are very nice people and is hoping to see some of their dermagraphic art shows in the near future, Charles Hornsby, 22656 Brentwood Street, he has been thinking about something that was said by a resident the meeting before last and it reminds him of the situation in the Country right now particularly with the President. He is of the opinion and feels that it may be a growing opinion that 911 was the best thing that happened to George Bush. He stated, what does that have to do with the City of Grand Terrace. All politics is local politics. if you follow the news, like he does, and following politics, you will notice that every time he turns around and does something wise, ridiculous or somewhere in the middle of the road, it's all justified in , we live in a post 911 world. A couple of meetings ago, Mr. Petty came to the podium and made a point of saying that too much negative tone goes on at City Council Meetings and that the population should probably just be quiet and stay home. He didn't say that in so many words, but feels that it was the jest of his message. It is his hope that the City was rated number 92 in the nation, which is great news for the City and it is a great place to live but he just hopes that the City doesn't use that as license to think that they Council Minutes August 28, 2007 Page 4 should be able to do anything that they want because we got such a high rating and are beyond reproach. He feels that that is what's happening nationally. For five years now, our President does anything he wants and says we live in a post 911 world. He stated that maybe he misread it wrong and with all do respect to Mr. Petta, he is a distinguished citizen, but the message he got from his speech was that what was all the negative talk about. When someone comes in and does what you think is complaining, those aren't negatives, those are people pointing out what they think is a negative and he feels that there is a big difference between being negative and simply pointing out what you think is a negative. City Manager Schwab, questioned if there is an active Code Enforcement Case for the property next door to Ms. Makshanoff. Assistant City_Manager Bette, responded in the affirmative. City Manager Schwab, stated that he will follow up on it for her. REPORTS 5A. Committee Reports 1. Crime Prevention Committee a. Minutes of July 9, 2007 CC-2007-81 MOTION BY COUNCiLMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to accept the July 9, 2007 Minutes of the Crime Prevention Committee. b. Appoint Regular Member (Margorie Owens) CC-2007-82 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to appoint Margorie Owens as a regular member of the Crime Prevention Committee to fill an unexpired term continuing to June 30, 2010, 5B. Council Reports Mayor Pro Tern Garcia, recognized Mr. Kent Taylor, Colton Joint Unified School District Board Member, who is in the audience today. Since she has been on Council she haw worked with Kent and he is a representative that cares deeply about our City and strives to represent us. It really is, as Mr. Loder mentioned, it is time for us as a community to step up and let our voice be heard. We have done a lot and when we care about something we put our efforts behind it. She concurs with the comments about the peeker plant and that we need to look at that. She questioned the status of the joint meeting between the City and the Council Minutes August 28, 2007 � Page 5 School District Board. She feels as soon as we know the meeting date and the agenda we need to let our residents know. City Manager Schwab, stated that the City Clerk has been in touch with the Clerk for the Board and we are trying to get some dates together. We are trying to set something up for October, if we can get everyone's schedules together. Mayor Pro Tern Garcia, requested that as soon as we know the date we start post it on the website. She thanked Mr. Taylor for all of his efforts on behalf of Grand Terrace. She thanked Patricia Farley for sharing articles about things that we can do in our community. We are looking to the future and are wanting to be as sustainable as possible in the efforts that we do. She congratulate the soccer league for their opening ceremonies. It was very nice to see that many people there to help. She felt that it was very touching that they retired number 10, which was Kyle Bacon's number, so none of the teams will have a number 10. Councilmember Cortes, reported that there is a new Director for SANBAG, Deborah Barmack. She reported that she contacted her to let her know that a letter is in the mail to Mayor Loveridge regarding partnering with RCTC regarding the 1215 Freeway. It gave her great privilege and honor to be invited to meet the Governor, Arnold Schwarzenegger. He was here a few weeks ago and it was a pleasure to represent the City of Grand Terrace. He spoke to them for a few minutes regarding the budget. It was a very short meeting but a lot of good information was provided. Councilmember Miller, thanked Mr. Kent Taylor for all of the work he has done for the City of Grand Terrace. We are all looking forward to the joint meeting with the School District Board. He agrees with Mr. Hornsby that we should not look at things as negative, it should be Iooked at as a difference of opinion. Sometimes it is good to hear what someone else is thinking although it may not fit your needs. Mavor Ferre, thanked Kent Taylor and Richard Loder for being at the meeting this evening and feels very strongly that what Mr. Loder had to say is exactly what needs to happen. PUBLIC HEARING 6A. 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 Center and 2.6 Acre Passive Park (Applicant: The Corporation for Better Housing) Community and Economic Development Director Gary Koontz, stated that John Lampe will be making a brief presentation on our staff report which will be followed by a presentation Council Minutes August 28, 2007 Page G by Carl Winter of LSA, that prepared the Environmental Impact Report. John Lampe, Planner, gave an overview of the property and the proposed project. Carl Winter, LSA Associates, indicated that theyprepared the Environmental Impact Report for the proposed project. The EIR work effort began with the preparation of an initial study which was distributed for public review for 30 days beginning December 15, 2006 to January 16, 2007. Five responses were received on the initial study and were appropriately incorporated into the draft EIR discussion. A scoping meeting was held on January 4, 2007. The purpose of this meeting was to solicit public comment as the focus of the EIR. Following the scoping meeting a draft EIR was prepared which addressed the following topics: Aesthetics, Air Quality, Land Use, Noise and Population Housing. The EIR included a summary of those issues identified as significant in the initial study and fully addressed the five topics that were identified in the initial as potentially significant. The draft EIR was distributed for public review for 45 days for a period that ended on May 17, 2007. A total of 7 comment letters were received. The comment letters were appropriately addressed and included in the final EIR, which included responses to all comments received in the mitigation monitor and reporting plan. In addition to the 7 comments received on the Draft EIR. Responses to comments made by Mr. Johnson were prepared and as stated were included in the staff report. This is a brief summary of the EIR process and is available to answer any questions. Councilmember Miller, stated that one of the overriding questions that some of the respondents came up with was about the ambient noise level concerning the air conditioning units that would be on the south side of the project and how the homes would be affected on that side. He noticed that the measuring device stated that the noise level would be 45.2 and 48.2 decibels. The monitoring for the City itsel f is at 59.5165.8, which makes them less than that. He questioned how they came up with the proposed nosie levels. Mr. Winter, responded that they have noise technicians. Keith Layer, LSA, prior to commencing the noise impact analysis they conducted ambient noise measurements within the project site at four different locations to establish the existing ambient levels. Then the analysis of the onsite stationary sources, the parking lots and air conditioning units were compared to those levels to see if they were compatible. Councilmember, Miller, questioned if any of the residents on the south side were ever notified of when they were doing the test so that maybe they could also hear what was going on. Mr. Layer, responded that not to his knowledge. However, the levels that they measured on the site were quite low for a City Noise Level. Typically in this type of neighborhood you would see much higher levels from traffic or airplanes and trains and things of that nature. Council Minutes August 28, 2007 Page 7 Councilmember Miller, questioned the information that was provided regarding the noise decibels for the garbage trucks that will be on site. Mr._Laye, responded that the 110 decibels would be in close proximity to the truck itself. The levels would drop off fairly quickly. The nosie would be audible within the neighborhood but for 5 to 10 minutes at most and would be limited to daytime hours only. Councilmember Miller, noticed that on the diagram they have certain trees and plants that they are proposing and questioned if the proposed trees were included in the noise study. Mr. Laver, responded that their analysis was to assume that it was a straight line from the source to the receiver. Caltrans has actually done extensive measurements in the past on the effectiveness of foliage and trees and you need approximately 30 feet deep of fairly tall and thick trees to have any measurable reduction in noise. Typically it is more of a blocking of line of sight. Councilmember Miller, stated that the only other question he would have is what type of trees will be planted on the south side and how tall will they be getting. Mayor Ferre opened the Public Hearing for discussion. Jo Ann Johnson, 12723 Mt. Vernon Avenue, indicated that when the idea of a Senior Apartment Complex and Senior Center was first presented to them several years ago, she was more than a little anxious because they were told that the moving process would take a few days. Then it would be about a year or so to move into the new center. Well, time has passed and things happened. It took 3 months to move the building and they have been in their current location already a year. She has never changed her original belief that this is so much needed in Grand Terrace. Never does a week go by that she doesn't get at least one inquiry about senior housing. A number of those who originally wanted an apartment couldn't wait around as more and more time passed. She is sure that more will be needed to drop from the interest list before it actually happens. However, they are still optimistic that in the end it will happen and even more almost everyone will be happy. Virtually nothing that benefits the many escapes infringing on some. In the beginning she said that someday her turn was coming. Mt. Vernon Avenue needs to be widened at the south end of town. Her property is one of 6 that will lose about 1 `3 of heir front yard. She will also lose two enormous shade trees that have been a great deterrent for the hot afternoon sun. None of them on that block want their yards to be torn up and the mess that is bound to go along with the project, but she firmly believes that this project will be very helpful in moving traffic along Mt. Vernon. The irony is that this is highly likely that the Mt. Vernon project will happen before the Senior Project. The delay in this project has been a real hardship on all of them. For the most part they have managed with a lot of grit three nose dives in the parking lot and a good sense of humor. She doesn't think that she needs to say that they hope Council Minutes August 28, 2007 Page 8 they will see earth moving in the very near future. Robert Stewart, 1 l 677 Mt. Vernon Avenue, stated that he was present when the gentleman was doing the noise measurements. He was there maybe 30 minutes so whatever noise was going on registered. He knows that when leaving the current Senior Center when it is 100 degrees plus outside all you hear is the air conditioners on Brentwood. He stated that his wife's father is in a senior center type residential facility and he has noticed that there are more cars coming in and out now than there will be when the new facility is built because a lot of those people won't be going anywhere except a grocery store once in a while. He stated that if the people on Brentwood are so in love with their view and their lack of noise they could have bought an easement and this discussion would not be going on. Ann Wade Hornsby, 22656 Brentwood, stated that they represent Citizens for a Responsible and Open Government and submit these comments on behalf of those people they represent on Brentwood and throughout Grand Terrace. While this firm submitted comments on the proposed project, the City did not respond to those comments, at lease to this firm. Apparently, responses may have been given to the members of the public. As an initial procedural matter, at the time of the scoping hearing for the project the Specific Plan had not been completed and was not available for public review. This prevented meaningful comment on the environmental impacts of the proposed project at the time of the scoping session for the EIR. In other, words, the public was being asked to provide comments on the potential environmental impacts of a project which had not yet been unveiled and made known to the public. The Specific Plan identifies the maximum density of the project as twenty units per acre. This is, at best, a misrepresentation of the facts. The project is actually being developed at a density of 40 units per acre. (120 units on 3.0 acres) The specific plan purports to allow density transfer from the entire site. This includes transfer of density from the areas of the site that are in fact developed, by a .5 acre senior center and parking and a 2.6 acre park. This six acre site is being developed as though it was a twelve acre site with land uses being permitted for specific types of development, and then again being used for residential development. The land that is being used as a senior center is also being used for residential and the land used for the park and parking are also being used for residential purposes. The specific plan development standards do not provide standards for the minimum size of dwelling units. The sizes proposed are significantly smaller than allowed under the Development Code. Tile response to this question only addressed parking standards, not unit sizes. This goes on to give you specific government code requirements for specific plan n content, The concerns that she has are going to be brought up by other speakers as well. Basically, Council Minutes August 28, 2007 Page 9 their concern is that the City enacts codes that they seem to be playing with. Barbara Berliner, 22624 Brentwood Street, read further the DEIR is both procedurally and substantively flawed. At the time the OP was released and available for public review and comment the Specific Plan had not been completed and was available for public review. The public was asked to provide comments on the environmental impacts of a project which had not yet been identified or made available to the public. It was rather like asking the public to describe the impact an animal walking through their garden without letting them see the animal to determine whether is was an ant or an elephant. Project Description: The project description for the DEIR does not include the creation of a new land use category for the General Plan of the Creation of a new zoning classification for the Development Code. Nor does the DEIR have any discussion of the environmental impacts of the changes to the General Plan or the Development code as a result of the creation of new General Plan land use categories and Zoning Districts. These changes and design review were identified as being ministerial duties, rather than discretionary actions which they are. The EIR also does not consider impacts other than those for noise and land use. The proposed project is not the same project previously analyzed under the prior faulty negative Declaration which the Court required be set aside. Visual Impacts: The discussion in the DEIR does not identify that the proposed center will result in the construction of a single continuous two story building well over 300 feet in length. This structure would totally eliminate any view for any of the five houses adjacent to the project. Her main concern is that she lives at the very end and she will have 19 cars parked within 10 feet of her property line. She will be hearing slamming doors, idling cars, people talking and in the middle of the night if a car alarm goes off, who will she call if it goes on for more than five minutes. She does not foresee any other project in the City of Grand Terrace that has cars parked behind their project. If you have single family homes, they don't have cars parked behind their project, especially 19 of them. She is very much against this project. Charles Homsb , 22656 Brentwood Street, continued to read Iand use and planning: The proposed project site is currently zoned as low density residential which allows a maximum of 5 dwelling units per acre. The project will change the land use designation to allow a high density development. The proposed project intends on developing 120 residential units on 3 acres. A 7,000 square foot senior center on a half acre and a 2.6 acre passive park. This makes the total area of the project 6.1 acres. Based on this plan the Specific Plan proposes three land use designations for the project site. Multiple Family Residential, Senior Center, and a Park Designation. However, the DEIR identifies this project as having a density of 20 units per acre because it calculates the density as 120 units on 6 acres not 120 units on 3 acres. However, if a half acre is for the 7,000 square foot senior center and 2.6 acres are for the park then 120 units are being developed on 3 acres. That results in a density of 40units Council Minutes August 28, 2007 Page 10 per acre. That will be one of the basis for future legal action. As far as traffic impacts: the project only provides for 146 parking spaces that is 124 below city standards. As far as growth inducing impacts, the EIR states that the project will not have any growth inducing impacts. This is false. The residential component of the project will have a density of 40 units per acre or arguably at a minimum 20 units per acre. Even this lower figure makes the project the densest residential project within the City. As a result it is impossible for this project not to have growth conducing impacts. First the project is precedence setting and will reasonably allow for other high density development within the City. In fact, the City is committed to doing that by doing this project. Second, the EIR identifies the existence of a supposed wait list that shows 55% of the individuals on the list are from the City. If those people move to the project, people outside of the City will presumably move into their homes and that would provide growth. There are other alternatives to this, this is the biggest point, there are properly zoned areas within town that could house this. He stated that in the EIR it was stated that it will have no impact on population density. You are putting 120 units on 3 acres. How can you possibly say it won't impact. Patricia Farlev, 12513 Michigan Street, indicated that she resents that she has spent a great deal of time and money trying to find out what's going on in this City, trying to help with the General Plan and make herself aware of the housing element and how finances are being dealt with in this City. She would like to point out that the citizens for Responsible and Open Government include senior citizens and people who in fact might want to live in these units. This group is not against seniors. It is not against having a high school for Grand Terrace students. It is not against development and growth, but theyare demanding and what the Iaw requires is that you must have a General Plan that is consistent and you must follow the General Plan and the Housing Element. It was news to her tonight that where Mr. Koontz said we are not going to do what the Housing Elements requires. The Housing Element exactly requires yes senior citizens are important and the General Plan planned for them to be in the center of town near everything in proper units with their senior center. Because Mr. Jacobsen came in and seems to be the favorite developer it's the fault of the City with Jacobsen and how they are dealing when the seniors don't get what they need. The law and the housing element require that a new center with high density just like this for low income non seniors, that is part of the rule no matter what people are telling you. The part that you are using to justify the high density you are not encouraging the public to use it and it is not realistic to be a benefit. This is being developed for the benefit and intensity of a developer not financial stability and needs of our community. These zoning codes and the General Plan that are being worked on right now haven't been approved and in fact in the density code it needs to say that if the footprint is this size you can't go above certain densities, otherwise everyone in this City is going to have a risk. This group is going to fight if you are not willing to follow the law. You are not representing the citizens of this community if you do not have a consistent General Plan. Also, the EIR evaluated a plan which is not approved and it did not consider high density areas and the affect on traffic. Mt. Vernon will have to be widened. Council Minutes August 28, 2007 Page 11 Tony Petta, 11875 Eton Drive, stated that whatever statements he makes before the City Council are all historical in nature. For instance, when he was a freshmen in high school one of the things that he read in history was a statement that said go west young man go west. Admittedly that statement needs revision and since the person that made that statement is not hereto make that revision he will give him a hand. This statement could very well be revised and changed to go west to the City of Grand Terrace one of the 100 best city's in the Country to live in. He thanked the Mayor and the Council and thanked City Manager Schwab for making the recommendations to the Council and to the Council for making the kind of decisions that allow this city to have that honor. If we are to blast the Council when things aren't right then I would think that we should give the honor of the good decisions. From the very inception of this City supported our youth and probably so because they will represent our future. The City Council has supported the Senior Citizens and probably so because they served us in the past and helped to make what we are today. He is supporting the 120 unit senior citizen project. Mayor Ferre closed the Public Hearing and returned discussion to the Council. Mayor Pro Tem Garcia, stated that it was mentioned by Mrs. Hornsby that the group did not get the reply to Mr. Johnson's letter. City Attorney Harper, responded that a certified letter was mailed to Mr. Johnson's Office on that day it was prepared and given to the Council. He indicated that there isn't any obligation to do that but staff felt that it was appropriate in this case. Mayor Pro Tern Garcia, confirmed that it would be Mr. Johnson's responsibility to make sure that members of the group received copies of the letter. She questioned the comments of the consistency of the General Plan. She questioned how it works when you are in the process of updating the General Plan. She questioned if we are consistent with the plan as it is now, not where it's going to be. Community & Economic Development Director Koontz, responded that one of the actions that the Council is being asked to take is a General Plan Amendment to create a medium high density zone designation and the US Zone and add that to the existing General Plan. Mayor Pro Tern Garcia, questioned if the Planning Commission took action on this item. Community & Economic Development Director Koontz, responded that the Planning Commission is recommending that the Council approve their recommendation. Only the Council can change the General Plan and make a zone change. The Planning Commission has seen all of the applications that are before the Council. Mayor Pro Tern Garcia, stated that she very much respects the Planning Commission. Council Minutes August 28, 2007 Page 12 City Attorney Harper, stated that the statute requires that General Plan Amendments and Zone changes go through the Planning Commission. There is not one that has ever been adopted that hasn't gone through that process including this one. Mayor Pro Tem Garcia, asked for clarification on the additional conditions on the landscape plan. Community & Economic Development Director Koontz, stated that the original landscape plan provided no shade in the sitting area and provided for an active play area. They included a condition that stated that they want to see an expanded and enhanced park with more landscaping less grass but they were too specific on that. AIso, it was requested that whatever landscaping plan was determined would go back to them for another review. He and Assistant City Manager Berry went through the old plan that was originally approved and the new plan and came up with some ideas. Originally there was a vegetable garden area for the seniors. There are two park benches there and some shade trees. They re -graded the site to include some hills which would prevent someone from playing on a flat surface. It also would give some small viewing areas if there are any public activities in the future. They also added a rose garden. They shrunk down the grassy areas that could be used for playing and added some amenities for seniors themselves, shade trees and other garden areas. This is the concept that they came up with that hasn't been approved bythe Planning Commission. Mayor Pro Tem Garcia, questioned if Council wants to move forward with staff's recommendation would they have to call that the landscaping plan will be returned to the Planning Commission for approval. Community & Economic Development Director Koontz, stated that if they approve the conditions of approval as recommended by the Planning Commission there is a condition that says it will go back to them. Mayor Pro Tem Garcia, stated that she, along with Mayor Ferre, took a tour of two of their properties and she was very impressed with the two sites. One of the things that was called out were the balconies and questioned what the balconies will look like on this project. Charles Brumbaugh, Corporation for Better Housing, responded that their present intention is to enclose the balconies and not use the wrought iron. Not every unit on this plan has a balcony. Mayor Pro Tem Garcia, questioned if the parking lot will be able to be used by the school if they have a special event for overflow. Community & Economic Development Director Koontz, responded that the main parking lot can be used but the resident parking is gated and secure. They have also been required Council Minutes August 28, 2007 Page 13 to widen out Grand Terrace Road on the north side which will allow additional street side parking. Mayor Pro Tern Garcia, requested assurance that the facility will be quality 5, 10, plus years from now. City Manager Schwab, reminded everyone that this parcel that the project is being built on is owned by the City. The City is maintaining ownership, we are leasing the property to Corporation for Better Housing. The City has agreements in place that will give us the ability to exert some control over the management of the complex up into deciding if we like the management company. If we don't like the management company we have the ability to have input into that process. It won't be like some city facilities where it is built by a non- profit and is completely run by a non profit and the City is not in the loop. We are in the loop, we are the landlord, we have relationships and our agreements allow us budgetary approval of their expenditures. There are things that we have control over that give him the comfort level that we will be sufficiently protected. If you look at the projects that were toured, even after the facility has been there for quite some time it's still in very good condition. He is comfortable with their management and their facilities. Councilmember Buchanan, requested staff input with regard to the Planning Commission action portion of the report. There were five designated added conditions of approval from the planning commission. He questioned if staff feels that open parking for the residents shall be covered where feasible is necessary. Community & Economic Development Director Koontz, responded that in terms of the parking, they were concerned for some shaded parking. The applicant at the meeting agreed. There was a lot of discussion about what the covered parking should look like. Mr. Brumbaugh, stated that his position is that they will do whatever the Planning Commission and Council desires. He would ask that they would try to keep it to a minimum to make sure that there are no view issues. Community & Economic Development Director Koontz, most of the projects do not have any covered parking. Councilmember Buchanan, lie feels that condition 2 and 4 should go together. The third condition seems contrary to staff's effort at proposing the modified landscaping plan that actually reduces some types of recreational activity. He can understand the desire to minimize the aspect of the park as being a secondary playground for the Elementary School, that is somewhat incompatible with the goal of providing an amenity as part of a senior complex. You still want the park to be functional and usable by not only the residents but their families as well. He thought the proposal for landscaping is well done but seems Council Minutes August 28, 2007 Page 14 incompatible to the conditions of the Planning Commission. Community & Economic Development Director Koontz, responded that staff is comfortable that the Planning Commission agrees to the alternative landscaping proposal. Councilmember Buchanan, ultimately if the plan comes back to the Planning Commission and the result of their review of that is unacceptable to them it will end up back with the Council. The one condition that is most troubling to him is the final condition that the applicant/developer be required to obtain a signed agreement/declaration from the adjacent property owners that they are satisfied with the perimeter wall/fencing and landscaping adjacent to their property. He would think that in some cases that it is probably unlikely that they are going to get anything signed. He doesn't feel that it is an appropriate addition to a project. He saw in the minutes and the other material that the developer has committed to a wall design that is as compatible as they can reasonably put together. Community & Economic Development Director Koontz, responded that what they arc presenting to the Council is the recommendation of the Planning Commission. Staff is also very concerned about this condition. City Manager Schwab, stated that staff is not interpreting that to mean that the project depends on the obtaining of the signatures, it's the construction of the wall is dependant upon making the agreement. The wall is going to be built on our property, it will not be an adjoining fence. City Attorney Harper, stated that if they are concerned about the language it can be modi fied by saying making a reasonable attempt to obtain the document. Mayor Ferre, asked why we would need to do that if it is on City property. City Attorney Ha er, responded that he thinks the Planning Commission is concerned that the neighbors are going to be affected. Myor Ferre, agrees with Councilmember Buchanan with regards to the condition. Councilmember Cortes, requested clarification on the park and whether it will be open to the public. Community & Economic Development Director Koontz, responded in the affirmative. Councilmember Cortes, stated at a past meeting that transportation will be provided to the residents in the form of a van. Council Minutes August 28, 2007 Pate 15 y Mr. Brumbauch, responded that they typically do not provide that type of service. If that is a condition of approval were not specifically opposed to it. This is an independent living facility, it is not a care facility. Councilmember Cortes, suggested that they use Access or having a regularly scheduled route for this location. City Manager Schwab, stated that Access is available to anyone that would reside in the complex. It is a point to point transportation. This facility is for independent living. Mayor Pro Tem Garcia, stated that she believes that Access is for disabled individuals. You have to prove that you are disabled. She would like to have further discussion on this item. She would like to see shuttle service that would go from the complex to the local areas. Mr. Brumbaugh, stated that this bus would have to be totally handicap accessible. Cit. Manager Schwab, stated that he doesn't feel that this will be a need, however, if it is staff will look into a way to provide it. Councilmember Cortes, questioned how the Planning Commission voted on this item. Community & Economic Development Director Koontz, responded that the vote was 5-0. Councilmember Miller, agreed with Councilmember Buchanan with regards to the Conditions of Approval. He stated that if the seniors are going to be housed in this facility, they will be having visitors who are going to want to get out and play. He feels that the passive park is a good opportunity for this to happen. He feels that some open flat area needs to be maintained. Mayor Ferre, stated that you don't want any balls in a passive park. She would be reluctant to have anything in the passive park that would allow for ball playing. City Manager _Schwab, stated that this will be going back to the Planning Commission, it would be no problem for this to come back to the Council for final approval to take care of any issues that they may have. The design may change. Councilmember Miller, feels that trying to get a signed agreement from everyone is going to be difficult but agrees with what City Attorney Harper said as far as the change in the language in the conditions of approval. Councilmember Buchanan, read the following as a modification to Conditions of Approval 41. That the applicant/developer shall construct the portion of the perimeter wall adjacent Council Minutes August 28, 2007 Page 16 to a residential property with the wrought iron inserts as submitted on exhibit 2 if requested in writing by the property owner prior to commencement of construction. If this project is approved there is going to be a number of adjacent residents that are going to be unhappy and he doesn't believe that there is any design of this project that will be acceptable to at least some of the residents because they are opposed to the project in concept, location, etc. On 37. He feels that it is vague. He is ok with leaving it in and if the City Attorney is comfortable with staff and being able to come to a conclusion and the satisfaction of feasibility. He feels that there is a value to having some covered parking at the north end of the project. If nothing else it will mitigate parking at the south end of the project because they will prefer to park where it is covered. City Attorney Harper, stated that you can simply add as ultimately determined by the City. Mayor Pro Tem Garcia, would like to avoid litigation. in the end it makes things more difficult for all of us. This project will very much help the Seniors, however it will impact the residents that live on Brentwood. She respects all of the residents. She would like to make sure that there is aggressive communication between the City and the residents. She would ask the planning staff that if at any time the Council wants to see the letters to the residents that they are available. Councilmember Miller, requested clarification on Conditions of Approval 41. He questioned if there will be any designated parking for the residents. Charlie Brumbaugh, responded that they traditionally allow for open parking. If there becomes a problem they will address it and assign parking. Councilmember Miller, questioned if there will be rules and regulation for the park and where will they be posted and who is going to monitor the parks. Charlie Brumbaugh, responded that he and the City Manager have discussed trying to fit this into the traditional park system. It will be locked at night, gated and will put up rules and regulations related to the activities allowed. Councilmember Miller, questioned if the site Manager will be the one to overlook the park. Mr. Brumbaugh, responded in the affirmative. Councilmember Buchanan, stated that this is his recommendation for Conditions of Approval no. 41. That the applicant/developer shall construct the portion of the perimeter wall adjacent to a residential property with the wrought iron inserts as illustrated on exhibit 2 if requested in writing by the property owner prior to commencement of construction. The developer shall notify the adjacent residences of planned commencement of construction 30 Council Minutes August 28, 2007 Page 17 days prior thereto. Mayor_Ferre, stated that she would think that the Planning Commission and Planning Staff that worked on the park rendering would be very cautious about putting trees that would grow very high. This whole issue has been to take care of the neighbors on Brentwood. Councilmember Miller, questioned if Council would like to add the requirement that the landscaping plan be reviewed by the Planning Commission and then by the City Council. It was the consensus of the Council to include that. CC-2007-83 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve 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 Center and 2.6 Acre Passive Park (Applicant: The Corporation for Better Housing) as recommended by staff with the following modifications to the Planning Commission recommendations: Item 37: That the open parking for the residents shall be covered where feasible as determined by City Staff. Item 38: That the landscaping shall be enhanced where it is feasible and practical as determined by City Staff. Item 40: That the landscaping plan for the entire project including the proposed park shall be reviewed and approved by the PIanning Commission and the City Council prior to issuance of building permits for the perimeter wall. Item 41: That the applicant/developer shall construct the portion of the perimeter wall adjacent to a residential property with the wrought iron inserts as illustrated on exhibit 2 if requested in writing by the property owner prior to commencement of construction. The developer shall notify the adjacent residences of planned commencement of construction 30 days prior thereto. 5B. An Ordinance of the City Council of the City of Grand Terrace, Amending Grand Terrace Municipal Code, Chapter 10, Section 10.08, Establishing Speed Limits for Various Streets in the City of Grand Terrace. Assistant City Manager r Berty, California State Statutes require each local agency to perform speed zone studies at least every five years in order to be able to enforce speed limits through Council Minutes August 28, 2007 Page 18 the use of radar, or other electronic means. The Grand Terrace Municipal Code, Chapter 10, Section 10.08 addresses the topic of speed zones and posted speed limits. The City traffic engineering consultant recently conducted speed zone studies of five locations within the City. Other speed zones in the City are currently being evaluated and will be submitted for re -certification later in the year. Councilmember Miller, stated that lie drove on Barton Road going 35 mph between Michigan and Mt. Vernon and he felt that it was slow. He agrees with the other changes. He questioned if the accidents were due to speed or due to the people coming out of the Bank of America and the Center in that area. Assistant City Manager Be , stated that Craig Neustedter was on vacation but that lie would say they are due to those coming out of the Bank of America. City Manager Schwab, stated that he would agree. That it is probably right of way conflicts. He suggested to continue this item due to the fact that Craig Neustedter is on vacation. CC-2007-84 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to continue an Ordinance of the City Council of the City of Grand Terrace, Amending Grand Terrace Municipal Code, Chapter 10, Section 10.08, Establishing Speed Limits for Various Streets in the City of Grand Terrace to the next regularly scheduled Council Meeting. UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, Adding Chapter9.32 to the Municipal Code Relating to Regulation of Registered Sex Offenders CC-2007-85 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace, Adding Chapter 9.32 to the Municipal Code Relating to Regulation of Registered Sex Offenders NEW BUSINESS 8A. Award Contract for Grand Terrace Pocket Park to IPS in the Amount of $176,518 Plus a 10% Contingency and Appropriate $136,118 from Fund 13 Parks Development Fund CC-2007-86 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR FERRE, CARRIED 5-0, to Award Contract for Grand Terrace Pocket Park to IPS in the D Council Minutes August 28, 2007 Page 19 Amount of S 176,518 Plus a 10% Contingency and Appropriate S 136,118 from Fund 13 Parks Development Fund CLOSED SESSION - None Mayor Ferr6 adjourned the meeting at 8:45 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, September 11, 2007 at 6:00 p.m. MAYO f the City of Grand Terrace 1 CITY CLERK of the City of Grand Terrace