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04/28/2009I CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - APRIL 28, 2009 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 April 28, 2009 at 6:00 p.m. PRESENT: Maryetta Ferrd, Mayor Lee Ann Garcia, Mayor Pro Tern. Jim Miller, Councilmember Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director Sgt. Hector Gomez, San Bernardino County Sheriffs Department Collin Burns, City Attorney ABSENT: John Harper, City Attorney John Salvate, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Jim Miller. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Crime Free Multi Housing Program Deputy Jose h Steers. San Bernardino Counly Sheriff s Department, gave a presentation on the Crime Free Multi Housing Program. 2B. Chamber of Commerce Business of the Month Tom Roberts, Grand Terrace Area Chamber of Commerce, announced that the Business of the Month is Dragon Fly Yoga. He announced that Market Night is growing and encouraged everyone to come out. He reported that on May 13, 2009 from 5:30 to 7:30 p.m., the Chamber is promoting the Taste of the Terrace Event at City Hall. All of the local Council Minutes 04/28/2009 Page 2 restaurants have been invited to participate. 2C. Child Care Center Update Cathy Varela. Director of Grand Terrace Child Care Services, gave an update on the Child Care Center. She reported that the enrollment is up considerably and thanked the Council and staff for their support. They will continue to monitor their finances and will keep the Council up-to-date. She gave an overview to the updates that they have made to the center as a result of their fund-raising efforts. Staff continues to improve their center as much as they can over time. CONSENT CALENDAR CC-2009-52 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following Consent Calendar Items: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 04-14-2009 Minutes 3D. Award Contract - Orange Grove Parkway GTB-09-02 (EZ Sunnyday Landscape) 3F. Approve Additional Payment for the CNG Facility's Gas Extension Line from AQMD Fund AB2766 ITEMS REMOVED FROM THE CONSENT CALENDAR 3A. Approve Check Register Dated April 28, 2009 CC-2009-53 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the following item removed from the Consent Calendar: 3A. Approve Check Register Dated April 28, 2009 3E. Resolution Supporting the San Bernardino County Homeless Partnership CC-2009-54 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following item removed from the Consent Calendar: 3E. Resolution Supporting the San Bernardino County Homeless Partnership Council Minutes 04.28/2009 Page 3 Councilmember Bea Cortes , read and presented Isaac Jackson, Director of Homeless Services for San Bernardino County a Resolution supporting the San Bernardino County Homeless Partnership. Isaac Jackson, Director of Homeless Services for San Bernardino County, thanked the Council for their support. PUBLIC COMMENT Collette Byrd, 12731 Garden Avenue, thanked everyone for their support over the past months with regards to the naming of the New High School. She reported that the School Board has called a special meeting to be held on Wednesday, April 29, 2009 at 5:30 p.m. to discuss the renaming of High School #3 in Grand Terrace. The meeting will take place in the Colton Joint Unified School District Board Room located at 851 S. Mt. Vernon Avenue in Colton. If the high school is renamed to Grand Terrace High School they will be meeting in the foyer at City Hall following the meeting to hand out packets of flyers to be distributed at specific schools asking parents to have their child participate in the STAR test. They are looking for volunteers to participate in this process. They would like to begin planning a community celebration for early June to celebrate the naming of the High School. They plan on staying involved with the high school. Bill Shaver, 12742 Garden Avenue, thanked the Council for their diligent work for getting this high school for Grand Terrace. He requested, on behalf of Grand Terrace Little League, that they can come up with some alternative play fields for the children for the 2010 season. He reported that the school district has granted them permission to use the fields until such time that the construction takes place in that location. The construction superintendent has been very sympathetic to their cause and the children and will hold off doing any fencing of the property to mid to late May, unfortunately the electrical and water service has started to be disconnected with the lights to field one and field two will be terminated this week as well as the water service. They are asking some consideration of the Council to extend another week or two for the kids to be able to use the field and lights, however, they don't want to stand in the way of progress. Rita Schwark, 21952 Grand Terrace Road, stated that she would like the red zone on Grand Terrace Road to stay red. She also stated that she supports naming the new High School Grand Terrace High School. Frances Carter, 11938 Arliss Drive, stated that she firmly believes that Tom Schwab should be given the opportunity to return to his position. She feels that he has been a great manager for Grand Terrace. Byron Matteson, 23142 Vista Grande Way, also supports Tom Schwab having an Council Minutes 04/28/2009 Page 4 opportunity to return to his job. He feels that Tom's health has improved and is on his way back. Betty Trimble, 22816 DeBerry Street, stated that her comments are in support of Tom Schwab coming back as City Manager, who has managed the City for over 20 years. As everyone knows Tom had a life threatening illness last summer and had a miraculous recovery. From the day he woke up he wanted to get back to work. He lives in the City his heart beats for this City. He is responsible for many community services the residents enjoy. The Child Care Center, Pico Park, improvements at Rollins Park, the Senior Center and the improvement of a new center with Senior Housing. She has known Tom for 25 years, she worked for him for 16 years. When she retired he became a good friend of her husband and herself. While working for him she saw a man that cared for his City, his employees and valued and respected them for what those employees do. His health is good and he feels good enough to come back. A couple of months ago when she would be out and about in the community, she heard that he may not get his job back. People were saying that he wasn't able, they were led to believe his mind and memory had not returned and others thought that he didn't want to come back. This is not the case. She stated that she is not the only one that wants Tom to come back. There are many citizens in the community that feel the same way, however, negative comments that have been made along the line are leading people to believe that he has not recovered. Ahead of us are the toughest economic challenges we will see in our life time. Our City needs a seasoned City Manager that knows how to save money, spend sensibly and continues to build a reserve for the tough times and researches before he says that he can do something. Tom is competent and has the mental and physical strength to return to his job. Should Council decide otherwise, then the position can and should be advertised so that other qualified interested parties can apply. The position could be opened up to other cities as well. Tom believes in second chances he has given them, to not give him that chance is on the same level as us not getting our high school named after our city. Tony Petta,11875 Eton Drive, stated that Seth Armstead was the architect of Grand Terrace and knew that some day he would retire and his goal was to make sure that Grand Terrace was left in good hands. He carefully selected and groomed the best candidate to continue the progress of excellence. Tom Schwab was selected. He was selected because of his superior skills in finance and administration. Under Tom's watch Grand Terrace prospered, has maintained a cash reserve, law enforcement has been adequate, the youth and seniors have been provided for, and made the list of one of the best 100 cities in the Country to live. Tom has paid his dues and he is ready to come back. In these tough economic times, we need Tom back. Pauline Grant, 22560 Eton Drive, stated that Tom is in good health now and is quite capable of doing his job. The members of the City Council have been elected to represent the citizens of Grand Terrace and not to promote their own ambitions or those of others. She reminded them that elections are coming up in November and if any of the Council Members Council Minutes 04.-"28 '2009 Page 5 should vote to deny Tom Schwab of his rightful position of City Manager they will be in trouble. Thelma Winkler Beach,12570 Mt. Vernon Avenue, expressed her opinion of the CounciI's agenda. We should all be rejoicing and welcoming Tom Schwab back to the job at his regular seat. Tom feels that he is able and ready to return to his job and his doctors have approved and confirmed that he is fully recovered and capable of returning to his normal life. Who are we to take a Godly stance and refute that. Tom should return to his job and be given the chance to prove to the Council he can fully perform his duties as diligently as ever or prove to himself that he can't. Common decency would dictate that to any average person. She feels that the Council should see their duty clearly and welcome Tom back to the position of City Manager of Grand Terrace, it's the right thing to do. She added that there is nothing wrong with his mind and memory. Roy Nix, 12173 Country Club Lane, he had the pleasure of being on the City Council at the time when Tom Schwab came to work for the City of Grand Terrace. He saw Tom's fine performance as the Finance Director. He has witnessed for many years the community spirit that Grand Terrace has had from the start and certainly continued under Tom's leadership with many community pride events, including Grand Terrace Days and Parade and the Halloween Haunt. He expressed his concern that in recent times the events have gone more commercial. Local volunteers and organizations have been pushed to the back if not eased out of some of those events. He would like to see the City return to where it was under Tom's leadership. He has some limited exposure to Tom since he has been back and he is regaining his strength and getting more active in Lion's and his family and he wants to be active with the City. He suggests that the process of appointing a City Manager can be abbreviated. He feels that Tom Schwab deserves the support of the Council and should be reinstated. He feels that Grand Terrace needs Tom Schwab. R.P. Bidnev, 23009 Hampton Court, stated that he has been a resident for over ten years and was on the Planning Commission. In the years that he worked on the Planning Commission and as a resident of Grand Terrace the professional attitude of Tom Schwab is undeniable. Anytime he wanted to know anything he is a terrific historian, because he has been with the City for many years. He received straight answers and it is nice to work with an honest honorable man with integrity. He is a man that has served 25 years to the citizen's of Grand Terrace and the City Council. He has a proven record and he is respected. Grand Terrace, to his knowledge, has no corruption and is fortunate to have a City Manager like Tom Schwab who is straightforward and honest and does his job. The Council represents Grand Terrace and those who Iive here, they are doing a fantastic job and so does Tom. If it's not broken don't fix it. Thomas Schwab, 22687 Lark, as he looks around the room in the back, there are pictures of every City Council Member ever elected to the City of Grand Terrace since incorporation. Council Minutes 04/28- 2009 Page 6 It has been his pleasure in last 24 years as Finance Director and City Manager to have worked for every one of the Council Members except Jack Allen, one of the first councilmembers and Walt Stanckiewitz, who was just elected in November of 2008. He stated that Grand Terrace is not just a job for him. Since 1984 he has lived, worked and attended Church in Grand Terrace. It is his family's home and he hopes to live here for the rest of his life. He has heard some stories and he would like to set the record straight. He would like to be reinstated as the City Manager of Grand Terrace. He suffered a serious injury in June of last year and it has taken him nearly a year to fully recover. Having been the City Manager for the last 20 years he understands the demands of the job. All of his doctors have cleared him to return to work full time and he no longer has doctors appointments or therapies related to this condition. Grand Terrace is at a critical juncture in its history. The ability to survive is directly related to the previous councils that saved money in good years and we now have 7 million dollars in reserve and fitnd balance to sustain the City in the bad years. In preparing the 2009/2010 Fiscal Year Budget with Finance Director Bernie Simon, we can present a balanced budget to the City Council but we must cut unnecessary items to maintain the programs the citizens expect the City to provide. This year is critical and next year will be worse. The revenues are trending downward and expenses continue to increase. When Grand Terrace High School opens the City will need to fund at least one Deputy to be assigned exclusively to the school. The challenge ahead is to have Grand Terrace survive the recession and return to the days of surpluses. He feels that he is uniquely qualified to lead this City through this difficult time and would like to be reinstated to his position of Grand Terrace City Manager. He thanked the Council for listening and hopes to join them soon on the dias. Don Larkin, 12168 Mt. Vernon Avenue 489, stated that it may seem like a choice between two individuals. He personally knows both individuals and he has great respect for both of them. But his personal opinion doesn't really matter and really as a Councilmember your personal opinion shouldn't matter. They must be objective. Both individuals have strengths and weaknesses so the Council needs to decide what is best for the City. There are two options. One is to declare the position vacant and do an open competitive recruitment. This process must be objective, fair and transparent. Establish real qualifications as far as the position is concerned and open it up to see what type of individuals you have that would apply for the position. He recommends that the Council establish a citizen review panel to review the applications that are received and do open interview. The final selection would be made by the Council. This is a critical position to the direction and success of the City. This method would leave out personal opinions and bias and would be fair and objective and involve the Community. The second option is to declare the position not vacant and reinstate Tom Schwab base on the fact that he is physically able to do his position. The open meeting law does allow for closed session, however, it doesn't require it. He would suggest that most of these discussions be done in public. Margie Miller, 22996 Palm Avenue, stated that she can't say anything better than what has Council Minutes 44128:2009 Page 7 already been said. She stated "Tom we want you back." Herman Hilkey, 23196 Glendora Drive, the last few months in Grand Terrace have been exciting. The High School and the movement that happened with that. He has never seen the City so united in one direction, all ages. Now with the effort to reinstate Tom Schwab. It reminds him of the nation, the state and the community and how its involved at every level. He quoted Thomas Jefferson "When the people fear the government, this is tierany. When the government fears the people, this is liberty." Fear may be a bit strong but listen, the leaders of the School District have good intentions, maybe personal, but good intentions and they lost sight of the community behind them because they got focused on one of their own personal intentions. He reminded the Council that favors, no matter how innocent or well intended at the time, turn in to be thoughts that are not focused on the community behind you. Don't let favors, no matter how much you think you deserve them, distract you. Daniel Berliner, 22624 Brentwood Street, stated when they went through the process for the senior apartments they were assured of a number of things. One of the items that they were assured of is the lighting for the parking lot would not affect their homes. The lighting, which has been on for the last week, fully baths their homes and it comes through the windows. Two neighbors have given him the same comment. They get it upstairs and downstairs. The other issue is a subject that has been brought up once before. The air conditioners are in and they installed the Amana air conditions from what he can see. The exterior grills are Amana grills and they are discreet to different manufactures. The EIR on page 4 line 1 requires units must not exceed the City noise standard of 65 dba. At that time Amana had no sound ratings. He went back into the internet and found the current literature and the Amana units installed literature shows that the units are quiet with an stc 28 rating. He could not find a dba rating in their literature, which is what the EIR requires. He did some research on the internet and an stc rating is a sound transmission class which is a method of ranking walls over a frequency range of 125 to 4000 hertz. It has nothing to do with dba. It's transmission through walls. He could not find anywhere where there was a conversion table to change an stc rating to a dba. At this time no one can guarantee that these units meet the requirements. He sent an e-mail to the manufacturer and has received no response. He feels that this is important to be on the record. He hasn't heard the units yet and he hopes that they aren't loud because it will affect their quality of life. Bobbie Forbes 11850 Burns Avenue, the local residents of Colton and Grand Terrace have done a tremendous job and have stepped up top the plate with the re -naming of the high school and thanked them for all of their efforts. She expressed her disappointment with our representatives on the board for the Colton Joint Unified School District. She encouraged residents to notify the City if your neighbors move out of a forclosed home. She congratulated Tom and feels that he looks great and is looking forward to him coming back. She congratulated Lee Ann Garcia, Frances Carter, Freddie Harris and herself for the Woman of Distinction Award and appreciates the letter was written. Council Minutes 04128 2009 Page 8 Ann Wade H2Msb , 22656 Brentwood Street, expressed her concern about the lighting and noise from the senior center. She stated that it is looking beautiful but the lighting goes right into her bedroom window. Anything that the Council can do would be helpful. Steve Berry. Acting City Manager, stated that the school district gave in writing that April 30, 2009 was the last day for thereto be water and power at the fields at Pico Park. Staffhad to disconnect the power and shut off water in preparation for the demolition of the property. He apologized to the Little League. He confirmed that the red zone will continue on Grand Terrace Road. He reported that Castle & Cook is leasing out the old Stater Bros. wherehouse which will be good for Grand Terrace. He responded that he will look into the lighting at the senior center. When the senior center is completely built and fully operational the lights will not shine into the homes on Brentwood. He stated that he will check on the sound ratings for the air conditioners that were installed at the Senior Center. He stated that he is very proud to serve the City since 2001. This has been an exceptionally hard year for him along with Tom and the City of Grand Terrace and his family. He has put in many long hours at City Hall and to say that it has been tough is really an understatement. He thanked the Council for the opportunity to be the acting city manager in this capacity for a year. It has been an actual time of management crisis and in that time we had our 30`h Anniversary celebration and also seeing the worst economic times since the depression. It has been his honor to work with the community and the council and the many different community groups. He will be bringing to the Council at their next meeting a balanced budget. This is something that other cities will be envious of. There will be no full-time layoffs and no increased taxes. Working together we can keep Grand Terrace strong progressive and keep the pledge of the founding fathers that we will be a financially sound community no matter what they said 30 years ago. REPORTS 5A. Committee Reports 1. Community Emergency Response Team (C.E.R.T.) a. Minutes of March 3, 2009 CC-2009-55 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to accept the Mach 3, 2009 Minutes of the Community Emergency Response Team (C.E.R.T.) 5B. Council Reports Mayor Maryetta Ferre, expressed her support for the hundreds of people in the community who are fighting to have the name of the high school in Grand Terrace be Grand Terrace High School. Many people have questioned whether the School Board feels any accountability toward Grand Terrace. In her opinion the District can show that they do Council Minutes 04.28;`2009 Page 9 indeed listen to the families in this part of the District by taking the communities clear preference into account and giving the high school in Grand Terrace the name Grand Terrace High School. She believes that this may happen tomorrow evening at the School Board Meeting at 5:30 p.m. in the board room. With all of her heart she is so grateful for the tireless efforts of so many people. This is very important and especially to her. Councilmember Jim Miller, reported that on June 5, 2009 the Grand Terrace Lion's Club will be having their Annual Golf Tournament at the San Bernardino Golf Club with a tee -off time of 12 noon. Mayor Pro Tem Garcia, reminded everyone about the Symphony that will be held on Friday, May 1, 2009 from 5:30 to 8:30 p.m. at City Hall, which is a free event. She reminded everyone that the Art Show that is hosted by the Historical and Cultural Activities Committee will be held on Sunday, May 3, 2009. She wished Highgrove well on their upcoming Highgrove Days. Councilmember Bea Cortes, reported that she received a couple of reports on the Swine Flu. She stated that information on the flu is available on the website. Councilmember Stanckiewitz, stated that t-shirts for the Grand Terrace High School are still available. Saturday was Free Compost Day and several residents were able to take advantage of the free compost provided by the City. Requested an update on the Blue Mountain Senior Villas. Acting City Manager Berry, stated that there are still reservations available at the Blue Mountain Senior Villas. They are looking at opening up at the end of May beginning of June. He encouraged everyone to spread the word. PUBLIC HEARINGS - None UNFINISHED BUSINESS 7A. Property Lease Agreement Promotional Events, Inc. Dba Freedom Fireworks/Red Devil Fireworks/TNT Fireworks CC-2009-56 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve Staffs recommendation pending the approval of the Board for the Grand Terrace Little League and the Board for Grand Terrace Community Soccer Club as follows: Approve the Property Lease Agreement with American Promotional Events, Inc. Dba Freedom Fireworks/Red Devil Fireworks/TNT Fireworks for the year 2009. Council Minutes 04/28/2009 Page 30 Direct Staff to prepare an ordinance to ban fireworks after July 4, 2009 in the City of Grand Terrace and bring it back to the Council at the May 26, 2009 Meeting. Direct Staff to reduce any revenue from both leagues for field use and average lighting use in preparation of the FY 2009-10 Budget. NEW BUSINESS 8A. Consideration of Parking Permit Program on DeBerry Street CC-2009-57 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve staff proceeding with the permit program developing the cost structure, requesting input from the residents on the number of cars to be permitted and bringing the final project back to Council for review and approval. 8B. Execute the Cooperative Agreement 8-1424 Between Caltrans and the City of Grand Terrace for the I-215 Barton Road O/C Grind and Overlay CC-2009-58 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve Cooperative Agreement 8-1424 Between Caltrans and the City of Grand Terrace for the I-215 Barton Road O/C Grind and Overlay 8C. Approve the National League of Cities (NCL) Free Prescription Discount Card for Grand Terrace Residents CC-2009-59 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEM. BER CORTES, CARRIED 5-0, to approve the National League of Cities (NCL) Free Prescription Discount Card for Grand Terrace Residents and a Resolution declaring its intention to participate in the NLC Prescription Discount Card Program. 8D. Neighborhood Revitalization Project Reviewed Project CLOSED SESSION 9A. Public Employment - City Manager (Govt. Code 54954.5) Mayor Ferrd announced that the Council met in Closed Session to discuss Public Employment - City Manager (Govt. Code 54954.5) and there was reportable action taken. Council Minutes 04{28l2009 Page 11 Mayor Ferre adjourned the meeting at 8:50 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, May 12, 2009 at 6:00 p.m. r ' / / -"' z/' - 4MAYOR the City of Grand Terrace CIT CLERK of the City of Grand Terrace