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05/13/2008CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - MAY I3, 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 May 13, 2008, at 4:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem 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 John Harper, City Attorney Lt. Mike Newcombe, San Bernardino County Sheriff s Department ABSENT: Gn Koontz, CommuniLy Development Director CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 4:00 P.M. REVIEW THE PROPOSED FY 2008-2009 CRAXITY COUNCIL BUDGET City Manager Schwab stated that Grand Terrace is not looking at cutting the budget or changes in personnel. Staff is looking at using $194,000.000 of the reserves. If the COPS grant is funded that will eliminate the use of $100,000.00 of the reserves. Finance Director Larry Ronnow, gave an overview of the proposed FY 2008-2009 CRA/City Council Budget. Chairman Ferre temporarily adjourned the CRA/City Council Meeting at 5:00 p.m. CONVENE CITY COUNCIL MEETING 6:00 P.M. The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. ITEM TO DELETE - None Council Minutes O5-13 2008 Page 2 SPECIAL PRESENTATIONS 2A. 30" Anniversary Presentation - Dennis Hansberger Mayor Ferrd announced that as part of the 30" Anniversary Celebration, the City is honoring, once a month at a Council Meeting, a group or someone that has made a distinct difference in the City of Grand Terrace. This evening the City is honoring County Supervisor Dennis Hansberger. Supervisor Hansberger was elected to the 3' District of the San Bernardino County Board of Supervisors on November 5, 1995 and represents the City of Grand Terrace. What many people do not know is that Dennis' roots go way back to the days before Grand Terrace became a City and was under the municipal advisory commission for the County. We would not have Richard Rollins Community Park today if it were not for the actions and support of Supervisor Dennis Hansberger. Dennis Hansberger was instrumental in Grand Terrace becoming a City and conducted the election of Mayor and Mayor Pro Tern at the first meeting of the City Council and conveyed the responsibility of the City to the Mayor and Council Members. The City of Grand Terrace Council and Staff express their appreciation to Dennis Hansberger and will never forget what he has done for the City. She presented him with a 30" Anniversary plaque. Dennis Hansberger, thanked the City for the honor and recognition. 2B. Proclamation - Water Awareness Month, May 2008 Councilmember Buchanan, read a proclamation proclaiming May 2008 as Water Awareness Month in the City of Grand Terrace urging all citizens to be responsible water users and protectors and presented it to Don Hough, Riverside Highland Water Company. 2C. Water Awareness Poster Contest Winners - Terrace View Elementary School Don Hough, Riverside Highland Water Company, thanked the City for the proclamation and reminded everyone that May is water awareness month. He indicated that Riverside Highland Water Company does a number of things during the month of May and throughout the year. One of the things that they do is the Water Awareness Poster Contest at Terrace View and Grand Terrace Elementary School. He introduced the principal of Terrace View who will announce the winners of the contest at Terrace View Elementary. Dr. Jose h Ade emo, Principal, Terrace View Elementary, thanked the City Council and Staff for their support. He had all of the winners of the Water Awareness Poster Contest come up and share their posters with the Council. Council Minutes 05. I3.2008 Page 3 2D. Proclamation - National Arson Awareness Week - May 4 - 10, 2008 Mayor Pro Tern Lee Ann Garcia, read a proclamation proclaiming May 4 - 10, 2008 as National Arson Awareness Week in the City of Grand Terrace paying special tribute to all fire and law enforcement investigative agencies for their dedicated and tireless service. She presented the proclamation to John Salvate, San Bernardino County Battalion Chief. John Salvate, San Bernardino County Battalion Chief, accepted the proclamation on behalf of San Bernardino County Fire and thanked the Council for the proclamation. CONSENT CALENDAR CC-2008-38 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of April 8, 2008 Minutes 3E. Reject Liability Claim - GTLC-08-10 (Jara Brothers Construction, Inc.) 3F. Reject Liability Claim - GTLC-08-11 (Rancho Ready Mix, L.P.) ITEMS REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register Dated May 13, 2008 3D. Reject Liability Claims Against the City: GTLC-08-02 (Brewster) GTLC-08-03 (Morgan) GTLC-08-04 (Gray) GTLC-08-05 (Esquibel/Smiley) GTLC-08-06 (Clarke) GTLC-08-07 (Sandberg) GTLC-08-08 (Dorame) GTLC-08-09 (California Exteriors, Inc.) CC-2008-39 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve the following items that were removed from the Consent Calendar: 3A. Approve Check Register Dated May 13, 2008 3D. Reject Liability Claims Against the City: GTLC-08-02 (Brewster) GTLC-08-03 (Morgan) Council Minutes 05.130008 Page 4 GTLC-08-04 (Gray) GTLC-08-05 (EsquibellSmiley) GTLC-08-06 (Clarke) GTLC-08-07 (Sandberg) GTLC-08-08 (Dorame) GTLC-08-09 (California Exteriors, Inc.) PUBLIC COMMENT Nadal Rafeedie, 12767 Royal Avenue, stated that he has lived in Grand Terrace since 1985. He indicated that he received a ticket for driving 15 miles over the speed limit on Pico Street. He stated that the speed Iimit is 25 and feels that it is impractical and requested that the limit be re-evaluated. Denis Kidd, 22874 Pico Street, stated that his daughter has been studying early California History in Ms. Harris' class at Terrace View. While doing research for the Friends of Blue Mountain he has come across the account of what he calls the Battle of Grand Terrace. He read the following: Pigeon Pass: Riverside County's Pigeon Pass has been confused in historical accounts with San Bernardino County's Little Pigeon Pass, the name carried in the San Bernardino County Road Department's records for the lower pass through which Barton Road winds down from Grand Terrace to the San Bernardino Valley west of Loma Linda. Little Pigeon Pass was first correctly identified (although not by name) by Beattie and Beattie as the place mentioned in the Father Caballeria's account of a fierce battle between La Placita and Aqua Mansa settlers and the famous Ute Indian chief Walkara, known as "Walker." According to Father Caballeria, Walker and his band of Indians would swoop down Cajon Pass to the San Bernardino Valley at nearly every full moon to steal herds of horses. "One of their fights took place in the mountains southeast [read northeast] of where the town of Highgrove is now situated. The Indians, after capturing sixty head of horses, escaped through a path between the mountains. In this battle Doroteo Trujillo was shot in the back with an arrow, Esquipula Trujillo was shot through the nose, and Teodor Trujillo was shot in the right foot. They succeeded in recapturing the stock." La Placita was the precursor to Highgrove and Riverside. According to Tom Patterson in A Colony for California, his history of Riverside, La Placita was settled in 1843 or 1844 by settlers from New Mexico, Aqua Mansa a year later. Also according to Tom, "The Indian raids had already stopped" when an army post located at what is now Rubidoux was manned by 20 solders from 1850 to 1852. La Placita was located at the present day corner of Center Street and North Orange Street. The ruins of the Trujillo Adobe are still there. Phil Trujillo and his sister Marcela decedents of the family from New Mexico that settled in La Placita, both live in Highgrove. Council Minutes 05A V2008 Rage 5 City Manner Tom Schwab, stated that he would look into Mr. Rafeedie's concern and will get back to him. REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of March 3, 2008 and April 7, 2008 CC-2008-40 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to accept the March 3, 2008 AND April 7, 2008 minutes of the Historical and Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of April 1, 2008 CC-2008-41 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to accept the April 1, 2008 minutes of the Emergency Operations Committee. 5B. Council Reports Mayor Pro Tern Garcia, congratulated former Councilmember Herman Hilkey who is a Earth, Science and Chemistry teacher and the Science Department Chairperson, his high school team built a solar boat and won the competition. Terrace View Elementary School held a Suesical Musical and hoped that everyone had an opportunity to see it. She thanked the crossing guard for their dedication to the residents of Grand Terrace. She reported the Planning Department is being proactive and holding a workshop to introduce the general concept of the project that will be happening along the freeway. She encouraged residents to come out and see what the plans are for that project. She reported that she was able to attend the League Legislative Action Days along with Councilmember Cortes and Assistant City Manager Steve Berry. Some of the major things that they did while there was to ensure that the Governor didn't forget the strong relationship that they had. It is tight times but she feels that the City will be able to get through it we just need watch with a careful eye to make sure that the State doesn't revert back to some of their bad habits. There was emphasis on funding for energy efficiency and about cities needing more resources and flexibility not mandates. She is glad to see that staff is always looking for new and different resources that might be out there. She felt that the hike on blue mountain was tremendous and thanked staff for putting it together. On May 1, 2008 National Day of Prayer was celebrated and thanked those that coordinated the event. U Councilmember Cortes, attended the Legislative Action Days in Sacramento. One of the Council Minutes 05/ 13.;2008 Page 6 seminars that she was interested in was the one put on by James Tilton, Secretary for the Department of Corrections of the State of California. He spoke about how they are going to release parolees in great numbers into the communities whether we like it or not. As a city we should be prepared. She stated that later on the agenda Council will be considering an Ordinance regarding parolees. She has received a few phones calls regarding concern with recent law enforcement efforts. She has spoken to staff and Lt. Newcombe and requested that he give some clarification with what has been going on. Lt. Mike Newcombe, San Bernardino County Sheriffs Department, stated that he has had some phone calls and had a long conversation with a concerned citizen last week. They have received several phone calls and City Staff identified some posters that had been placed around the City. One of the posters had a large A on it, which stands for Anarchist and the other one that have some basic propaganda against the Department. He asked the Deputies that patrol Grand Terrace to identify potential individuals that may be placing these around town. At the same time they noticed some thefts, vehicle burglaries, home burglaries and also some grand theft autos. They turned up the enforcement efforts in the town. They wanted to identify who was putting up the flyers and they have done that. This last week there were no property crimes at all, no burglaries, no car thefts and no vehicle burglaries and he feels that this is due to the efforts of the Deputies. Councilmember Cortes, requested that some type of article be placed in the City news regarding these flyers and the Department's efforts. Councilmember Miller, stated that there is some graffiti in town on Pico on the signs for the new High School and also on Main Street on a wall. Another thing that is happening is the taggers are hitting the trains that Union Pacific brings in on Taylor. Something new that the taggers are doing is painting a solid color around their graffiti to accentuate it. Although there is less graffiti, there is still some out there. Councilmember Buchanan, indicated that he enjoyed the Blue Mountain walk. He thanked Staff, Denis Kidd and all the volunteers that participated in the event. He attended the Annual Art Show that is put on by the Historical and Cultural Activities Committee. He stated that it is always very impressive to see the kind of talent that is in the community. He thanked Staff for putting together the budget. It was well organized and put together very well. Mayor Ferre, felt that the Art Show was terrific. One of the things that is very interesting to her is the water color quilt that an artist submits every year. The artist that did the quilt has opened a quilt shop next to La Pasta Italia. She is going to be giving lessons. She feels that it is obvious that the people of Grand Terrace are interested in preserving Blue Mountain and want to hike it. The Blue Mountain walk was a wonderful event. Council Minutes 05 132008 Page 7 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 Ci_ Manager Schwab, reported that the City does not a have a specific Ordinance that deals with graffiti. With the evolution of graffiti to include stickers, felt-tip pens, etching pens, etc. we felt that it was necessary to add an ordinance specific to graffiti. City Council held a public hearing on March 11, 2008 in regards to this new ordinance. Before the second reading occurred, Southern California Edison requested a meeting with staff to express concerns over certain language in the ordinance. The City Manager and staff met with representatives of Edison and came to an amicable conclusion. Staff recommends that Council conduct a public hearing on the proposed Graffiti Ordinance, adopt the first reading of the ordinance and schedule a second reading. Mayor Ferrd opened the Public Hearing for discussion. Jeffrey McConnell, Walnut Avenue, thanked Councilmember Miller for his fight against graffiti. He indicated that he supports the ordinance and is glad to see the parental responsibility that was placed in the ordinance and that there is a reward for information. Mayor Ferr6 closed the Public Hearing and returned discussion to the Council. CC-2008-42 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, 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. 6B. An Ordinance of the City Council of the City of Grand Terrace Amending Title 18 of the Grand Terrace Municipal Code Regulating Rooming and Boarding House(s) (including Parolee -Probationer Homes and Sober Living Homes) Within the City of Grand Terrace City Manager Schwab, several cities including Fontana, Highland, Yucaipa, Murrietta, and Norco have adopted ordinances regulating parolee group homes and sober living facilities. Due to the current overcrowding of State prisons and the potential early releases to ease such overcrowding, many cities are adopting laws regulating parolee group homes. Currently the City of Grand Terrace does not have any laws in place regulating these uses. The goal of this ordinance is to ensure any parolee group homes be established in a manner that would not be harmful to the character of a residential neighborhood. A conditional use permit would be required for any parolee group home under six occupants and would prohibit any with more than six occupants. The City currently has two parolee group homes that have existed Council Minutes 05 .13 '2008 Page 8 for many years without any problems. This ordinance would regulate future group homes. Mayor Ferre opened the Public Hearing for discussion. Jeffrey McConnell, Walnut Avenue, wanted to make sure that a home for the elderly is not included in this. Mayor Ferre closed the Public Hearing and returned discussion to the Council. City Manager Schwab, responded that this ordinance refers to parolees so if the home for the elderly meets the definition of parolee probationer and fall under that sub -group. He feels that it does not discriminate against the elderly. CC-2008-43 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace Amending Title 18 of the Grand Terrace Municipal Code Regulating Rooming and Boarding House(s) (including Parolee -Probationer Homes and Sober Living Homes) Withing the City of Grand Terrace. 6C. An Ordinance of the City of Grand Terrace Authorizing Notification to the Department of Housing and Community Development for the Cancellation of Enforcement Responsibility for the Mobilehome Parks Act and the Special Occupancy Parks Act Richard Shields, Building & Safety/Public Works Director, Prior to the City's incorporation, the County of San Bernardino chose to inspect mobilehome parks. When Grand Terrace incorporated, a decision was made to accept Title 25, Mobilehome Parks Act enforcement. On June 7,1979, Ordinance No.18 and Resolution 79-23 were approved by the City Council designating San Bernardino County Department of Environmental Health Services (EHS) as the responsible agency to enforce Title 25, Mobilehome Parks Act for the City. On February 6, 2008, the City received a letter from Joan Mulcare, Program Manager for San Bernardino County EHS explaining that EHS will no longer provide service for enforcing the Mobilehome Park Act for our City. EHS has set an effective date of July 31, 2008 for this action to take place. EHS indicated that manpower and costs for providing the service were the driving force behind the decision to give the responsibility back to the local jurisdictions. The Council will be relinquishing their mobilehome parks back to the State as well. The City must now decide if it wants to accept responsibility for Mobilehome Parks Act enforcement or relinquish the duties back to HCD. City Staff has discussed this subject and feels that the City Council should consider the extra work associated with these new activities on current staff levels and consider relinquishing the Mobilehome Parks Act back to HCD. Council Minutes 05.13.2008 Page 9 Mayor Ferre opened the Public Hearing for discussion, there being none, she returned discussion to the Council. CC-2008-44 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve the first reading of an Ordinance of the City of Grand Terrace Authorizing Notification to the Department of Housing and Community Development for the Cancellation of Enforcement Responsibility for the Mobilehome Parks Act and the Special Occupancy Parks Act. UNFINISHED BUSINESS - None NEW BUSINESS 8A. Resolution of the City Council Establishing a Community Emergency Response Team Committee CC-2008-45 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve a resolution of the City Council Establishing a Community Emergency Response Team Committee with the following amendment: First Paragraph should read: WHEREAS, in order for the City of Grand Terrace to be prepared during emergencies, the City Council desires to establish a community emergency response team committee (C.E.R.T.) and CLOSED SESSION 9A. Conference with Legal Counsel - Potential Litigation GC54956.9(b), Mt. Vernon Bike Lane Grant Mayor Ferre announced that the Council met in Closed Session to have a Conference with Legal Counsel regarding Potential Litigation GC54956.9 (b), Mt. Vernon Bike Lane Grant and that there was no reportable action taken. Mayor Ferre adjourned the meeting at 7:45 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, May 27, 2008 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYO of the City of Grand Terrace