12/08/2009CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - DECEMBER 8, 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
December 8, 2009 at 7:30 p.m.
PRESENT: Maryetta Ferre, Mayor
Lee Ann Garcia, Mayor Pro Tern
Bea Cortes, Councilmember
Jim Miller, Councilmember
Walt Stanckiewitz, Councilmember
Betsy M. Adams, City Manager
Brenda Mesa, City Clerk
Bernard Simon, Finance Director
Joyce Powers, Community & Economic Development Director
Richard Shields, Building & Safety Director
John Harper, City Attorney
Sgt. Hector Gomez, San Bernardino County Sheriffs Department
John Salvate, San Bernardino County Fire Department
ABSENT: None
CONVENE CITY COUNCIL MEETING
The City Council meeting was opened with Invocation by Logph Aguirre, Calvary, The Brook
Church, followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz.
ITEMS TO ADD/DELETE - None
SPECIAL PRESENTATIONS
Mayor Ferre announced that she wanted to remove item 3D. Resolution Supporting the
Establishment of a Public Park on the Site of Blue Mountain and from the Consent Calendar so that
it can be read and voted on after Special Presentation Item 2C.
2A. Recognition of Citizen Patrol Members
Lt. Jamsen. San Bernardino County Sheriff s_Department, stated that they will be recognizing
members of Citizen's Patrol that have served for several years and have now decided to
retire. She presented Patricia Smith, Marjorie Owens, Paul Owens, Lewis Neeb, and Robert
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Stewart, each with a plaque and a letter from Sheriff Rod Hoops thanking them for their
outstanding services and dedication to the City of Grand Terrace.
Mayor Ferre, expressed her appreciation to the volunteers for their dedication to the City of
Grand Terrace.
Mayor Pro Tern Garcia, thanked all of the volunteers for the service that they have given to
the City of Grand Terrace.
Councilmember Cortes, thanked all of them.
Councilmember Miller, thanked all of them for their hard work and dedication. He wished
all of them the best.
Councilmember Stanckiewitz, thanked them for everything that they have done for the City
of Grand Terrace.
2B. Chamber of Commerce Business of the Month
Tom Roberts, Grand Terrace Chamber of Commerce, announced that they will be
recognizing two businesses of the Month, Sally McQuire, Helping Hands Companion Care
for the month of November 2009 and Burt's Jewelry and Repair for the month of December
2009.
2C. Presentation of Checks to the Friends of Blue Mountain from the Foundation of
Grand Terrace and the Sierra Club to go Toward the Purchase of Land
Darcy McNaboe, Foundation of Grand Terrace, presented a check in the amount of $5,000.00
to Denis Kidd, Friends of Blue Mountain to go towards the purchase of land.
Ladd Seekins, Sierra Club, presented a check in the amount of $5,000.00 to Denis Kidd,
Friends of Blue Mountain to go towards the purchase of land.
Denis Kidd, on behalf of Friends of Blue Mountain thanked the Foundation of Grand Terrace
and the Sierra Club for their donations. It is their goal to have a 500 acre park on Blue
Mountain that would be large enough to be viable to protect the plants and the animals and
to have hiking and horseback riding trails and to connect by trail to other area trails.
3D. Resolution - Supporting the Establishment of a Public Park on the Site of Blue
Mountain
Mayor Pro Tem Garcia read the resolution Supporting the Establishment of a Public Park on
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the Site of Blue Mountain.
CC-2009-150 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0, to approve a Resolution Supporting the Establishment of
a Public Park on the Site of Blue Mountain.
3D. Proclamations Acknowledging Support in the Effort to Remove Graffiti from the
Railroad Bridge Above the I-215 - Union Pacific, Cal Trans and Senator Dutton
Mayor Ferrd, announced that the Railroad Bridge above the I-215 is now clean and free of
graffiti. She read a proclamation that was presented to Union Pacific, Cal Trans and Senator
Dutton commending them for their efforts to help maintain the quality of life for the residents
of the City of Grand Terrace and the region.
CONSENT CALENDAR
CC-2009-151 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0, to approve the following Consent Calendar Items with the
removal of item 3A., 3C., 3D., 3G., and 3H.:
3B. Waive Full Reading of Ordinances on Agenda
3E. Resolution - Change Authorized Signatures for Bank of America
3F. Resolution - Change Authorized Signatures for Local Agency Investment
Fund (LAIF)
3I. Emergency Operations Committee Minutes of 11-03-2009
3J. Historical and Cultural Activities Committee Minutes of 11-02-2009
3 K. Community Emergency Response Team Minutes of 09-01-2009 and 10-06-
2009
ITEMS REMOVED FROM CONSENT CALENDAR
3A. Approve Check Register Dated 12-08-2009
CC-2009-152 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PRO TEM GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS
ABSENT), to approve the Check Register dated December 8, 2009.
3C. Approval of 11-10-2009 Minutes
CC-2009-153 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY
COUNCILMEMBER MILLER, CARRIED 3-0-1 -1 (COUNCILMEMBER CORTES
WAS ABSENT AND MAYOR PRO TEM GARCIA ABSTAINED, to approve the
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November 10, 2009 City Council Minutes.
3G. Resolution Rescinding Resolution 92-27 and Adopting the Planning
Commission Procedures Handbook
CC-2009-154 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MILLER, CARRIED 5-0, to continue this item to the January 12, 2010 City Council
Meeting.
3H. Appoint Alternate Member to Emergency Operations Committee - Parsons
CC-2009-155 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to appoint Pete Parsons as an alternate Member
ofthe Emergency Operations Committee to fill an unexpired term continuing to June
30, 2012.
PUBLIC COMMENT
RA "Barre " Barnett, 474 Prospect, Highgrove, requested a short letter from the Council to
update their support of the Metrolink Station in Highgrove. He indicated that it doesn't need
to be a resolution just a short letter of support. The original resolution of December 13, 2001
is going to be 8 years old soon. If this letter isn't received there is a chance that there will
be just two destinations with the new Metrolink station on the new Perris Valley line. They
are looking at benefitting the entire region. They would like the Council to look at the
destinations of the existing trains. They have received some recent support from the
University Neighborhood Association, which is near UCR. He wished Grand Terrace a
Happy Birthday.
Gene Carlstrom. 12034 La Crosse, stated that he had the privilege of serving on SANBAG
representing Grand Terrace during his tenure as Councilman which was when the Metrolink
had its inception. They voted to buy the first route which was the right to run over the Santa
Fe Line from San Bernardino to Los Angeles as a very large figure. He also voted on the
first station that was purchased in the City of Montclair and he also voted on getting the order
for the first cars that were produced for Metrolink that were built in Canada. At that time he
envisioned a station somewhere between San Bernardino and Riverside that would serve the
Grand Terrace area. He feels that the most logical place to build a station would be in
Highgrove because of the way the tracks lay and the possibility of getting a train to stop and
building a station that would be useable to Grand Terrace as well as the upcoming
development that is going in the east end which will amount o about 2,500 people. He
recommends that the Council do a letter of support to RCTC.
Tony Petty 11875 Eton Drive, stated that Barney Barnett is a crusader. He has been working
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on this for eight years. He feels that it is favorable to the community of Grand Terrace to
have the Metrolink Station in Highgrove. He encouraged the Council to send a letter of
support.
Hugh Grant, 22560 Eton Drive, encouraged the Council to reaffirm its previous action
declaring support for a Highgrove Station to provide Metrolink service to this part of
Riverside and San Bernardino County. It is his opinion that the high number of residents
both now and in the future will truly benefit from this reasonable access to commuter
transportation between Riverside and San Bernardino.
William_ Addington, 12055 Westwood Lane, stated that he is a long time resident and
interested in all things that happen in Grand Terrace. He feels that it is very important to
have a station in Highgrove. He feels that this is the best time to take action and would like
to see the Council show support of a Metrolink Station in Highgrove.
JoAnn Johnson, 12723 Mt. Vernon Avenue, voiced her support of the Friends of Blue
Mountain. She feels that they are a very worthwhile group trying to raise funds to turn Blue
Mountain into a wilderness park system that will be the pride of Grand Terrace and urged
Council and residents to get behind that project. She expressed her support for a Metrolink
Station in Highgrove and would like to see it promoted. She also stated that she hopes the
senior center kitchen is still high on the Council's agenda.
Betsy M. Adams. City Manager, stated that she would look to Council for direction regarding
the letter request.
COUNCIL REPORTS
Mayor Ferrd, stated that with Council's approval she will draft a letter on behalf of the
Council indicating that the City of Grand Terrace, if in fact RCTC is considering building
a Metrolink Station in Highgrove that the City of Grand Terrace is in full support of that
project. She thanked the Historical and Cultural Activities Committee for a great birthday
party.
It was the consensus of the Council to send a letter to RCTC.
Mayor Pro Tem Garcia, wished everyone a Merry Christmas and a Happy New Year.
Councilmember Cortes, reported that over the last seven years she has been attending MHEP
(Manufactured Housing Educational Trust). At these meetings one month per year they have
drawings for the elected officials that attend. She is pleased to announce that she won the
drawing to donate to any organization that she feels is in need so she is donating it to the
Senior Center. She also thanked Burrtec for their support of the garden project at the Senior
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Center.
Councilmember Miller, reported that the Grand Terrace Community Players will be putting
on a Wonderful Life at the Lion's Center at 2:00 and 7:00 p.m. tickets are $5.00 the next two
weekends. He wished everyone a Merry Christmas.
Councilmember Stanckiewitz, reported that the last Market Night for the year will be held
on Monday, December 21. He reported that the Grand Terrace Chamber of Commerce is
having a holiday open house on Thursday, December 10 from 5:30 to 7:30 p.m. at the
Bowen -Hayes School of the Arts. He reported that the Child Care Center will be having
their 2009 Christmas Programs. He personally thanked Community and Economic
Development Director Powers for bringing the bridge painting project to fruition.
PUBLIC HEARINGS
6A. An Ordinance of the City Council of the City of Grand Terrace, California,
Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale
and Discharge of Fireworks
Mayor Ferre, expressed her concern with not having an agreement available for review.
Councilmember Miller, also expressed his concern with not having an agreement for review
and not knowing what information is in the agreement with Little League and Soccer.
Mayor Ferre opened the Public Hearing for discussion.
Doug Wilson,12168 Observation Drive, urged the Council not to legislate a way or right to
celebrate our independence. If he chooses to continue a tradition of fireworks on the 4`' of
July then don't rob him of that right. This has some how been made an issue about
fundraising by ignoring the 99 9110 % of the population of the City that isn't involved with
fundraising, little league, soccer, or boy scouts, etc. It is more than that and Council should
make good decisions on good information. No where in the staff report does he see a
justification for making fireworks illegal. He questioned how many fires that the City has
had and how much damage, how many injuries, because of fireworks, where are the facts.
We are in the United States and we have an obligation to provide the evidence. He urged the
Council to preserve his right to celebrate freedom.
John Kelly, Vice -President TNT Fireworks, 555 N. Gilbert, Fullerton, it was just over ten
years ago this year that TNT along with Little League and Grand Terrace Community Soccer
Club got together with Staff and Council and worked on the Ordinance that is in place
currently, which to his knowledge has gone on quite successfully during that decade. Grand
Terrace was one of the 30 cities in Southern California that elected to sell fireworks at the
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one time exemption the State granted in 1999. They too have a couple of questions with
regard to the Staff Report presented to the Council, specifically on a tentative agreement.
He formally requested a copy of an executed agreement if and when one is reached. He
questioned if there are any statistics available with the quote "The City Council has long
expressed its concern over the significant fire dangers related to the discharge of fireworks."
He stated that the way the Ordinance is written the City will never be able to have any type
of aerial display of fireworks. He questioned whether the statement that this will have no
fiscal impact on the City is true, they estimate with gross sale profits probably about
$150,000.00 went back into the community, and questioned if there were sales tax derived
from that. He questioned if there is any consideration in the tentative agreement and does
that not have any fiscal impact. They feel that they have been corporate neighbor for ten
years. There have been a few bumps and they have formed some task forces together and
have always tried to work through the issues. They would urge the Council to stand with the
other 275 communities in California that allow the sale and use of fireworks. He urged the
Council to please not band the sale and use of State approved fireworks in Grand Terrace.
Mayor Ferrd returned discussion to the Council.
Mayor Pro Tern Garcia, expressed her concern with the lack of specifics with regards to the
agreement between Little League and Soccer. She would like to see this item continued to
the next Council Meeting so that Council can get some documentation in writing, address
some of the questions that were raised at the meeting. She feels that they are not at the point
where they need to be to make a decision.
Councilmember Cortes, agreed that the item should be continued.
Councilmember Stanckiewitz, also agreed that this item should be continued. He mentioned
that the Council was all e-mailed a couple of letters indicating opposition to banning
fireworks. He questioned what the cause was for the fire on 4' of July evening below Grand
Terrace above the church.
John Salvate, San Bernardino County Fire , responded that the fire that Councilmember
Stanckiewitz is referring to was in the City of Colton and it was a result of some type of
fireworks.
Mayor Ferre, stated that she has sat in on quite a few of the meetings with the youth groups
along with staff. The organizations have indicated, but not specifically, that they are no
longer interested in manning the fireworks booth. If that is the case then that is another item
that needs to be addressed in the staff report. She feels strongly that more information is
needed and what the agreement says. She is in favor of bringing this item back once Council
has received more information and some type of agreement with the Leagues.
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CC-2009-156 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to continue the Ordinance of the City Council of
the City of Grand Terrace, California, Amending Chapter 8.112 ofthe Grand Terrace
Municipal Code Regulating the Sale and Discharge of Fireworks to January 12, 2010.
Lf NFINISHED BUSINESS - None
NEW BUSINESS
8A. Amendments to the Solid Waste Franchise Agreement (Burrtec)
CC-2009-157 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), to
approve Changes to the Solid Waste Franchise Agreement hereby Identified as the
Second Amendment to Franchise Agreement between the City of Grand Terrace and
Burrtec Waste Industries Inc., for the Provision of Integrated Waste Management
Services and Adopt a Resolution setting forth changes to the Solid Waste Franchise
Agreement.
8B. Resolution Setting a Public Hearing Date of January 26, 2010 Regarding Proposed
Waste and Recycling Rate Increases
CC-2009-158 MOTION BY COUNCILiEMBER CORTES, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to approve a Resolution Declaring its Intention
to Adjust the Residential and Commercial Solid Waste and Recycling Rates and
Setting a Time and Place for a Public Hearing on January 26, 2010 at 6:00 p.m. to
Persons Interested or Objecting to the Proposed Rate Adjustments.
8C. FY 2008-2009 Quarterly Financial Update - 6-30-2009
CC-2009-159 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE,
CARRIED 5-0, to approve the FY 2008-2009 Quarterly Financial Update through
June 30, 2009.
8D. FY 2009-2010 Quarterly Financial Update - 9-30-2009
CC-2009-160 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE,
CARRIED 5-0, to approve the FY 2009-2010 Quarterly Financial Update through
September 30, 2009.
CLOSED SESSION - None
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Mayor Ferre adjourned the meeting at 9:58 p.m., until the next City Council Meeting which is
scheduled to be held on Tuesday, January 12, 2010 at 6:00 p.m.
CI' Y CLERK of the City of Grand Terrace
MAYOR the City of Grand Terrace