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03/11/2008CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - MARCH 11, 2008 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 11, 2008, at 6:00 p.m. PRESENT: Maryetta Ferrd, Mayor Lee Ann Garcia, Mayor Pro Tern 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 John Harper, City Attorney Lt. Mike Newcombe, Sheriff's Department ABSENT: Bea Cortes, Councilmember Dan Buchanan, Councilmember The City Council meeting was opened with Invocation by Pastor Rick Doucette, Calvary the Brook Church, followed by the Pledge of Allegiance led by Mayor Pro Tern Lee Ann Garcia. CONVENE CITY COUNCIL MEETING AT 6:00 P.M. ITEM TO DELETE- None SPECIAL PRESENTATIONS A. Commendation - John Lampe Mayor Maryetta Ferrd read and presented a Commendation to John Lampe, who is retiring after 10 years of service to the City of Gand Terrace, commending his exemplary professional performance that he has provided to the City of Grand Terrace and wished him well in his retirement. CONSENT CALENDAR CC-2008-22 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to approve the following Consent Calendar Items: Council Minutes March 11, 2008 Page 2 3A. Approve Check Register Dated March 11, 2008 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of February 26, 2008 Minutes 3D. Award of Contract to the Lowest Bidder for City Center Drive Reconstruction (Roquet Paving) 3E. Release of Lien Agreement on Parcel Map 14685 PUBLIC COMMENT - None REPORTS 5A. Committee Reports 1. Emergency Operations Committee a. Minutes of February 5, 2008 CC-2008-23 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to accept the February 5, 2008 Minutes of the Emergency Operations Committee. 2. Historical and Cultural Activities Committee a. Minutes of February 4, 2008 CC-2008.24 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to accept the February4, 2008 Minutes of the Historical and Cultural Activities Committee. 5B. Council Reports Mayor Pro Tern Garcia, reported that the Marley and Me book read special presentation with dog stars will be held on Saturday at 11:00 a.m. The Grand Terrace Area Chamber of Commerce will hold their monthly luncheon on March 18, 2008. She encouraged everyone to stop by DeBerry and Mt. Vernon to see the progress of the pocket park. Councilmember Miller, thanked everyone for their attention and care of what the City Council does. Mayor Ferrd, reported that she received a nice letter to the Council from the Women's Club for being honored at the last Council meeting. She attended the City Selection Committee meeting where only the Mayors in the County can vote for LAFCO members, South Coast Air Quality Management Member and the City Selection Committee Chair and Vice -Chair. Council Minutes March 11, 2008 t Page 3 She fulfilled that obligation, the City Selection Committee Chair is Paul Eaton, Mayor of Montclair, City Section Committee Vice -Chair is Pat Morris, Mayor of San Bernardino, the LAFCO primary member is Mark Nuaime, Mayor of Fontana and the SCAQMD primary is Dennis Yates, Mayor of Chino. PUBLIC HEARING 6A. An Ordinance of the City of Grand Terrace Amending Chapter 9.28 of Title 9 of Grand Terrace Municipal Code Regarding Procedures Regulating Graffiti Assistant City Manager Berry, stated that the City of Grand Terrace has placed a high priority on eradicating graffiti in our neighborhoods, on public streets, in right-of-ways and in our business district. City staff has been working closely with the County of San Bernardino Sheriff s Department in cases involving graffiti crime and has seen a high success rate in the past three months. Currently the City does not have a specific ordinance relating to graffiti. Code enforcement uses our General Penalty that covers most all violations. With the evolution of graffiti to include stickers, felt-tip pens, etching pens, etc. it was necessary to add an ordinance specific to graffiti. It is staff's recommendation to adopt the ordinance. Mayor Ferrd opened the public hearing for discussion there being none she returned discussion to the Council. Councilmember Miller, thanked staff for coming up with the Ordinance. His only concern is the fines on a property owner when they are not responsible for the graffiti and are hit repeatedly. Assistant City Manager Berry, indicated that the fines that are included in the proposed ordinance are already in the current code and are not being changed. They use the fines on a case by case basis. Senior Code Enforcement Officer Barrie Owens, staff has not had to fine any of the property or business owners. Most people are cooperative and those who don't have the means or the funds of removing the graffiti sign a waiver and the City goes onto the property and removed or abated the graffiti. There are a few exceptions that staff are currently working on. The proposed ordinance would not change anything. The property owners would still have the ability to have the City remove or abate the graffiti. CC-2008-25 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to approve the first reading of an Ordinance of the City of Grand Terrace Amending Chapter 9.28 of Title 9 of Grand Terrace Municipal Code Regarding Procedures Regulating Graffiti. Council Minutes March 11, 2008 Page 4 6B. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Grand Terrace Municipal Code, Chapter 10.20, Prohibiting Parking for the Purpose of Street Sweeping Assistant City Manager Begy, stated that the City is required to update the Grand Terrace Municipal Code with any changes in street sweeping dates and zones. It is staff s recommendation to adopt the new street sweeping dates and zone designations. Mayor Ferre opened the Public Hearing for discussion, there being none she returned discussion to the Council. CC-2008-26 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Grand Terrace Municipal Code, Chapter 10.20, Prohibiting Parking for the Purpose of Street Sweeping. 6C. An Ordinance of the City of Grand Terrace, California, Amending Title 18, the Grand Terrace Zoning Code by Adding Chapter 18.72, the Amateur ("HAM") Radio Antenna Ordinance (Zoning Amending No. 06-02) John Lame Cijy Planner, indicated this matter was continued from the meeting of February 12, 2008 to allow the City Attorney to review a letter from Leonard J. Shaffer, an attorney, who provided a legal critique of the proposed "HAM" Radio Antenna Ordinance. City Attorney prepared a response to Mr. Shaffer's critique where he listed legal precedent where the Courts have upheld the denials of "HAM" radio antenna requests citing the Federal Communication Commission rule known as PRB-1 and providing guidance as to how far "HAM" facilities can be regulated. The City Attorney states that any "HAM" ordinance must provide a "mechanism" based on a public hearing where the proposed conditions such as those regarding height limitations "have reasonably accommodated the use and impose the minimum practical regulation." Based on this conclusion, the City Attorney has suggested that Section 18.72.070 of the proposed Ordinance be modified to provide for such a hearing before the City Council. The modified Section 18.72.070 reads as follows: Section 18.72.070 Reasonable Accommodation Hearing: Any applicant may appeal the conditions imposed pursuant to this Chapter or pursuant to Section 18.72.070E and shall be entitled to a hearing before the City Council, who shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimal practical regulation" required Council Minutes March 11, 2008 Page 5 pursuant to Government Code Section 65850.3, as applied to the specific application. The remainder of the "HAM" Ordinance remains the same as recommended by the City's Planning Commission on January 18, 2008. He indicated that it is the Planning Commission and Staff s recommendation to approve and adopt the "Amateur, "HAM," Radio Antenna Ordinance" under Z-06-02 together with the approval of the proposed Negative Declaration under E-07-09. Mayor Ferrd opened the public hearing for discussion. JoAnn Johnson, 12723 Mt. Vernon Avenue, she feels that the Council knows her well enough to know two things about her. She is a regular in the audience, however, she doesn't spend much time at the podium and appreciates the opportunity. She feels that the City is taking a giant leap backwards. She has a feeling that this whole issue came up because of one bad situation, and it was a bad situation. She can absolutely assure the Council that the very large majority of Amateurs are very considerate with not only other amateurs but certainly of their neighbors. Looking at specifics of the Ordinance, Chapter 18.72.010, she fully agrees with the intent of the Ordinance. Chapter 17.72.040, item A, the 20 foot is very unrealistic. She believes that each member of the Council received a picture of her antenna, you would have to be looking for it to see it. In the pictures her antenna is about 30 to 31 feet high and would not be in compliance. It is about a foot or 18 inches higher than you can see in the picture. It is a very minimal antenna. She is not sure that 30 to 35 feet would be adequate but it would certainly be better. In part B the limit of one antenna is far too strict. Chapter 17.72.070, she feels that the revision is an improvement. She feels that the Council is putting an unnecessary on current and potential future amateurs. There are many instances where amateur radio is a deciding factor in life and death situations but in all honesty is mostly used for ordinary purposes like the telephone. Some of them participate in weekly several weekly nets and can potentially be available in the event of a disaster. She asked the Council to consider very carefully before making it so difficult for all of the amateurs because of the actions of two. Sometimes the best action is no action at all. This maybe one of those times. Robert Stewart, 11677 Mt. Vernon Avenue, stated that the proposed Ordinance under its definition does not address commercial buildings or other antennas other than HAM Radio Antennas. He referred to other cities south and their height requirements. He feels that the ordinance really needs to be looked at. Bob Sauter, 12045 Westwood Lane, indicated that he is a amateur radio operator and feels that the antenna regulations are born out of conflict which was brought out by Mr. Lampe. Grand Terrace has been functioning for years without any restricting antenna regulations. Many houses had television antennas that were at least 50 feet high and they weren't a problem. He stated that "wouldn't it be nice to have a regulation that others could look to Council Minutes March 11, 2008 Page 6 as a model for reasonable accommodation instead of the conflicts of the past that resulted in a time consuming expensive litigation for all parties involved." James Gallocker, 723 Lytle Street, Redlands, he feels that it is good to have an ordinance in place such as this, however, he feels the 20 foot antenna is not high enough. He pointed out the antennas located at City Hall and different heights of them. He feels that it doesn't make sense to have a light pole erected 30 feet but not a 30 foot antenna that in the event of an emergency can indeed save lives. He doesn't believe that a 20 feet antenna would make it to Redlands, however, he is certain that a 30 or 40 foot antenna would. Just a little adjustment would make such a difference. He has been volunteering for Redlands Bicycle Classic for over 15 years and currently works with San Bernardino County Superintendent of Schools trying to help people there and volunteers at his local church and school. He feels that HAM Radio Operators are desirable people that will step forward in the time of need. He stated that the City has their own emergency operations committee, surely they see the importance of this ordinance. He requested that the Council consider the height requirement in the proposed ordinance. Carl Gardenias, 20902 Gardenias Street, Perris, CA, indicated that he first came to this area in 1980 when he was stationed at Norton Air Force Base and continued to live in Highland for more than 20 years before he moved to Perris. He is a Amateur Radio Operator and a volunteer who helps in time of need. His motivation is what happened to him when he lived in South Dakota when 238 people lost their lives in one night. This is an experience that he doesn't want to happen again. He has volunteered his time in the service of emergency preparedness by helping others and promoting that hobby. He feels that they need the ability to have equipment and people ready to perform during times of emergencies. Marty Woll, 21301 Candice Place, Chatsworth, stated that he is one of those desirable citizens described earlier. He is a 41 year amateur radio operator and an emergency communication leader and instructor. He sees that the language was somewhat changed in the proposed ordinance, unfortunately it was done without any input from amateur radio operators, as far as he can tell. As you have heard earlier and as can be demonstrated if needed, the height limitations, dimensional limitation and the percentage of aerial limitation are all eronious and unworkable. The Ordinance as drafted reads more like a CC&R's of a home owner association then it does an antenna ordinance that everyone finds workable such as other surrounding cities have been able to do. The effect of all this is virtually every amateur that wants to put up an antenna has to come before the City Council, which will use a lot of their time and when and if their application is denied to exceed these limits they are going to have to go to court and so will the City. He recommends that prior to adopting the Ordinance they form a working group that includes local HAM's to develop a workable ordinance which will provide something that everyone can live with. There are a number of operators in the audience that are very capable and willing to work with the City to develop such a Ordinance. Council Minutes March 11, 2008 Page 7 Mayor Ferrd closed the Public Hearing and returned discussion to the Council. Councilmember Miller, questioned why the Planning Commission went from the 35 foot height to the 20 foot height. John Lampe, responded that it had to do with discussions with the Commission about height limits for accessory structures. The accessory structure has a height limit of 20 feet. In addition to that the instructions from the City Council, when they were directed to study the antenna issue, was for the Commission to consider 20 feet. Staff had originally recommended 35 feet, which is the height limit in the residential zones but the Commission felt that it was too high and should be reduced to 20 feet. Councilmember Miller, stated that one of the things he is concerned with is that the height is not going to be sufficient to receive the higher frequencies that will be needed to be a community that is health and safety conscious. He is thinking that maybe the adoption of this ordinance is premature without more expertise. He is supportive of forming a group to give input on a more workable ordinance for everyone. Mayor Pro Tern Garcia, questioned if there are other structures that have a height limitation on them in the City. John Lampe, responded that accessory structures are restricted to 20 feet and he believes that tv antenna are considered to be an accessory structure. Community and Economic Development_Director Gary Koontz, read the section of the zoning code pertaining to accessory structures and the section pertaining to exceptions. Mayor Pro Tern Garcia, stated that she is supportive of forming a focus group with HAM radio operators to come up with something that works for everyone. Mayor Ferre, questioned if staff received input from HAM Radio operators in Grand Terrace when drafting the ordinance. John Lampe, responded in the negative. He had some informal discussions with HAM radio operators and JoAnn Johnson did express her concern about the proposed height limit at the Planning Commission Public Hearing. Mayor Ferre, questioned if the information received was from workshops. John Lampe, responded that discussions were held by the Planning Commission and various ordinances were cited from Southern California. There was no one at the workshop that stood up and said that they were a HAM radio operator. Council Minutes March 11, 2008 Page 8 Mayor Ferrd, questioned if it would be feasible to take this ordinance and receive input from local HAM radio operators and to bring it back to Council. CC-2008-27 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to direct staff to come up with a recommendation on creating an AdHoc Committee that would include HAM Radio Operators, with a specific emphasis that we want local HAM radio operators but would encourage all expertise in the area that would like to participate and to come up with an appropriate structure whether it be Planning Commission or Council and a representative of the residential perspective and bring it back to the Council on March 25, 2008. UNFINISHED BUSINESS - None NEW BUSINESS 8A. Select Budget Hearing Dates for FY 2008-2009 Preliminary Budget CC-2008-28 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 3-0-2-0 (COUNCILMEMBER CORTES AND BUCHANAN WERE ABSENT), to schedule the Budget Hearing for FY 2008-2009 Preliminary Budget on May 13, 2008 at 4:00 p.m. CLOSED SESSION - None Mayor Ferrd adjourned the meeting at 7:16 p.m., until the next CRAICity Council Meeting which is scheduled to be held on Tuesday, March 25, 2008 at 4:00 p.m. _eef) CI Y CLERK of the City of Grand Terrace MAYOR the City of Grand Terrace