Next City Council Meeting AGENDA: March 13 2007

CITY OF GRAND TERRACE
COUNCIL MEETING AGENDA
CITY COUNCIL CHAMBERS MARCH 13, 2007
GRAND TERRACE CIVIC CENTER 6:00 PM
22795 Barton Road

THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK’S OFFICE AT (909) 824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.

IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING, PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME.

* Call to Order -
* Invocation - Pastor Rick Doucette, Calvary, The Brook Church
* Pledge of Allegiance -
* Roll Call -

CONVENE COMMUNITY REDEVELOPMENT AGENCY 6 PM

1. Approval of 02-27-2007 Minutes
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL MEETING
1. Items to Delete

2. SPECIAL PRESENTATIONS

A. Proclamation - Child Abuse Prevention Month - April 2007
B. Proclamation - Community Development Week 2007 - April 9 - 15, 2007
C. Proclamation - Girl Scouts Make the World a Better Place Week - March 11 - 17, 2007
D. Darren Kettle, Director of Freeway Construction, SANBAG, Update on I-215 South

3. CONSENT CALENDAR

The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Approve Check Register Dated March 13, 2007
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 02-27-2007 Minutes
D. Award of Construction Bid and Contingency Fund for Barton Road Bicycle Lane from Mount Vernon Avenue to Michigan Street

4. PUBLIC COMMENT

This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting.

5. REPORTS
A. Committee Reports
1. Historical & Cultural Activities Committee
a. Minutes of February 5, 2007
2. Emergency Operations Committee
a. Minutes of February 6, 2007
A. Council Reports

6. PUBLIC HEARINGS - None

7. UNFINISHED BUSINESS - None

8. NEW BUSINESS
A. Budget Hearing Dates for FY 2007-2008 Preliminary Budget

9. CLOSED SESSION - None

ADJOURN

THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, MARCH 27, 2007 AT 6:00 P.M.


AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK’S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING.


Minutes of Last Meetings to be Approved:

CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING - FEBRUARY 27, 2007

A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on February 27, 2007 at 6:00 p.m.

PRESENT: Maryetta Ferré, Chairman
Lee Ann Garcia, Vice-Chairman
Bea Cortes, Agency Member
Jim Miller, Agency Member
Dan Buchanan, Agency Member
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Richard Shields, Building & Safety Director
Lt. Hector Guerra, Sheriff’s Department
John Harper, City Attorney
ABSENT: Gary Koontz, Community Development Director

CONVENE COMMUNITY REDEVELOPMENT AGENCY MEETING
APPROVAL OF 02-13-2007 MINUTES
CRA-2007-06 MOTION BY AGENCY MEMBER CORTES, SECOND BY VICE-CHAIRMAN GARCIA, CARRIED 5-0, to approve the February 13, 2007 Community Redevelopment Agency Minutes.

PROPERTIES HELD BY THE REDEVELOPMENT AGENCY LOW AND MODERATE INCOME HOUSING FUND

CRA-2007-07 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES, CARRIED 5-0, to authorize Staff to obtain an appraisal of 12569 Michigan and direct staff to do an informal bid process with the local Realtors in Grand Terrace that have a business license, to prepare a proposal for the sale of the Michigan property; which staff will bring back to council in a month, and direct staff to obtain an appraisal on 11695 Canal Street and authorize staff to negotiate the sell of the parcel to a developer. Both transactions will be required to be brought back to the Agency for approval to sell and put into escrow.

Chairman Ferré adjourned the Community Redevelopment Agency Meeting at 6:20 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, March 13, 2007 at 6:00 p.m.

SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace

Council Minutes
February 27, 2007

Award is going to Robert Vasquez & Family and presented them with the award.
Robert Vasquez, thanked the Council for the award.

CONSENT CALENDAR
CC-2007-22 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following Consent Calendar Items with removal of item 3A.:
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 02-13-2007 Minutes
3D. Notice of Completion - Roquet Paving (Road Maintenance Services on Vivienda and La Crosse)

ITEM REMOVED FROM CONSENT CALENDAR
3A. Approve Check Register Dated February 27, 2007
CC-2007-23 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR

PRO TEM GARCIA, CARRIED 5-0, to approve Check Register Dated February 27, 2007.

PUBLIC COMMENT

Ramon Morales, 12414 Cardinal Court, expressed his concern with regards to the electrical plant and encouraged the Council to reconsider the placing of the plant in Grand Terrace.

Roxanne Williams, 22005 Tanager Street, stated the following:
I support the new high school. I support the new Colton Unified School District;s high school #3 to be built in Grand Terrace. Simply, A High School, yes. Power Plant, No!@
City Councils’ Opinions are Important to the CEC - Why come to the Grand Terrace City Council? Perhaps you;re asking why would the public come to the Grand Terrace City Council when according to the Warren Alquist Act (Pub Resources Code 25000 et seq.), the California Energy Commission (CEC) has sole permitting authority for thermal electric power generation for facilities 50 MW or more. I argue that:
a. The City Council & local government DO have a weighted say based upon the following power plant sitings -
i. Nueva Azalea - The City of South Gate (Sunlaw Energy Corp. Power Plant) became involved in the siting procedures because the high level of community concern over air quality and health impacts. In

Council Minutes February 27, 2007 Page 4
addition, the South gate City Council adopted a resolution opposing the power plant, the issued was placed on the local initiative ballot, and the measure was defeated by the citizens. As a result of the ballot measure being defeated, and the fact that the project had no local government or citizen support, Sunlaw Energy Corp. Withdrew its application (2005 Env. Report).
ii. Portrero Power Plant of San Francisco (Mirant Corp.)- The City adopted an ordinance based upon air quality and public health. As a result, the applicant Mirant Corp. requested suspension of the power plant project (2005 Env. Report).
iii. Metcalf Energy Center (Calpine Corp.)- The mayor and City Council voted not to grant the requested entitlement based upon air quality impacts, ground water, noise impacts, adjacent land uses, visual impacts, and biological impacts.

The School District’s EIR report can’t mitigate: Air Quality and Noise - Further air quality emissions by the power will exacerbate the situation and make the air pollution worse.

The CEC can make bad decision if city councils do nothing - If the city council remains passive or neutral and does nothing, then bad decisions can result, like:
a. The AES Highgrove Power Plant will be at an unprecedented proximity to the Colton Joint Unified School District’s high school #3, with property lines approximating less than 100 feet! This violates the Department of Education’s Title 5 laws. Even if the most conservative distance estimates (which measure from the classrooms to the power plant), At the nearest classrooms are about 1,000 feet southeast of the plant,@ according to AES’s own Application For Certification (AFC) subsection 8.12: Hazardous Materials Handling. Allowing the CEC permit would be a bad decision.
b. Blythe power plant was allowed by the CEC to be built at the end of an airport runway. Don’t you think that caused airplane visibility problems? So, that was another bad decision the CEC was allowed to make as a result of the city council doing nothing.

Violations of Laws, Ordinances, Regulations, and Standards (LORS) or California Department of Education (CDE)

a. The AES Highgrove Power Plant threatens the state funding of the high school #3 in the Colton Joint Unified School District based upon:
 Hazardous Air Emissions and Facilities within A Quarter Mile
Fine Particulate Matter (PM2.5)
Carbon Monoxide (CO)
Nitrogen Oxides (Nox)
Volatile Organic Compound (VOC)
 Land Use:
Proximity to Pressurized Gas, Gasoline, or Sewer Pipeline
Proximity to High-Voltage Power Transmission Lines
Presence of Toxic and Hazardous Substances
Other Health Hazards
Proximity to High-Pressure Water Pipelines, Reservoirs, Water Storage Tanks
Observing California Environmental Quality Act (CEQA) Requirements
 Hazardous Air Emissions and Facilities within a Quarter Mile

Fine Particulate Matter (PM 2.5) - AES has not proposed any mitigation for PM 2.5.
Carbon Monoxide (CO) - The power plant will emit 256,585 pounds of CO per year.
Nitrogen Dioxide (Nox) - The power plant will emit 209,978 pounds of Nox per year.
Volatile Organic Compound (VOC) - The power plant will emit 42,356 pounds of VOC per year.
 Land Use
Actual distance of Aproperty line@ to Aproperty line@ is less than 100 feet.
Proximity to Pressurized Gas, Gasoline, or sewer Pipeline
Proximity to High-Voltage Power Transmission Lines
Presence of Toxic and Hazardous Substances
 Other Health Hazards
1. Metals were detected in soil matrix, trichloroethylene (TCE), and methyl tertiary butyl ether (MTBE) in soil vapor samples.
2. Some liquid and volatile organic compounds (VOC) were found in soil vapor, which triggered a groundwater investigation.

Violation of Grand Terrace’s General Plan

Financial Conflict of Interest - The City will receive $1.98 million to $2.24 million in annual property tax revenue when construction is completed. About 80 percent (or 79.65 percent) of the property tax would go to the City of Grand Terrace Redevelopment Agency.

Rita Schwark, 21952 Grand Terrace Road, stated that there continues to be illegal parking of trucks on Barton Road and she would like to see something be resolved. The traffic on Barton Road is bad. She sees the Deputy in the mornings but not in the late afternoon between 4 and 6 p.m. when the traffic is high.

Matt Flemming, 22273 Barton Road, he suggests that the Council look at out of town Realtors because each Councilmember knows a Realtor.

City Manager Schwab, stated that he will look into the parking on Barton Road.
REPORTS
5A. Committee Reports
8. Crime Prevention Committee
a. Minutes of January 8, 2007

CC-2007-24 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, to accept the January 8, 2007 Minutes of the Crime Prevention Committee.

5B. Council Reports

Mayor Pro Tem Garcia, thanked staff for an excellent priority session. It is always helpful to look at what the City is doing long range. She thanked Roxanne for her presentation on AES and requested that staff meet with her and go over the facts that she has.
Councilmember Cortes, reported that each Councilmember received an e-mail from the Corinthians Soccer Club and thanked them for their clean-up at Rollins Park. She welcomed San Bernardino County Fire Battalion Chief Barry Fox who will be attending every other meeting alternating with Battalion Chief Gary Bush. She wished Larry Halvin a Happy Birthday.


Councilmember Miller, thanked Councilmember Bea Cortes for supporting the Corinthians Soccer Club and for participating in their clean-up. He feels that the Council needs to be better educated with regards to AES and watchful of what is coming into the community. He thanked Roxanne Williams for her comments. He expressed his frustration with the I60, I10 and the I215 freeway projects. He would like an update on the projects from someone. It is his hope that the SANBAG representatives will dig in and find out where we are. He feels that we are getting short changed.

Councilmember Cortes, indicated that at the last Council Meeting she made a comment regarding the projects and gave the information on where we are at right now. The procedure in Washington is totally different. They want each of their Districts to go up and show them a list. Grand Terrace submitted a list that consisted of 6 to 9 projects which was given back and were told that it was a wish list. That we needed to come back with only 1 or 2 items per City. When we resubmitted the list, it was sent to Washington D.C. after that there are certain people that will be going to Washington D.C. in March. Fontana went on their own to Sacramento and Washington D.C. Dennis Hannsberger selected certain people to go to Washington D.C. and she was not one of them. The City has already sent a letter to Congressman Lewis. She stated that she will invite Craig Neusteadter, Ty Schuiling or Tony Grasso or whoever to give Council any more update than she is giving but they are trying hard.

Mayor Pro Tem Garcia, stated that she and Councilmember Cortes are going to work more as a team because it comes down to strategy and it comes down to windows of opportunity and you need to be there during those windows. If it is a priority for the City then we need to step up and start talking to the major players and say what we need. She commits to working with Councilmember Cortes.
Councilmember Buchanan, indicated that he is equally frustrated with the I215 freeway and transportation funding.

Mayor Ferré, thanked the Corinthians Soccer Club for being a positive force in the community.

PUBLIC HEARING

6A. Community Development Block Grant (CDBG) Program Year 2007-2008 and Re-Allocation of Unprogrammed Funds

Assistant City Manager Berry, indicated that the City has been notified to expect a total of $56,000 for FY 2007-2008. This funding has increased this year from $54,000 in 2006. There is a 15% funding limit for public service activities. Accordingly, the maximum CDBG funding total that the City may allocated to priority public service projects is $8,400.00. This is 15% of the $56,000 allocation available to the City. The County has completed its application process and submitted a listing of eligible projects which have requested funding from the Grand Terrace Allocation. The City Council is now responsible for determining funding and sending the information to the County for adoption. Staff recommends as follows:

Public Service Projects:
San Bernardino County Library, Log No. 33096, continuation of Literacy Education at the Grand Terrace Library Branch. Total request is for $10,000 staff recommends full funding our maximum public services amount of $8,400.

Re-allocation of any CDBG un-programmed funds and full funding of 2007-08 allocation:

Staff is requesting a CDBG re-allocation of any remaining un-programmed funds in addition to the 2007-08 funding allocation resulting in approximately $80,000 to be used for the K & J Plating Phase II Remediation project. Additional funding can be requested in the 2008-09 funding cycle.

Mayor Ferré opened the Public Hearing.

John Van Campen, 22720 Van Buren Street, indicated that he was speaking as a volunteer member of the Board of Directors of San Bernardino Children=s Advocates, also known as CASA. They are in the business of helping children and have been doing this in San Bernardino County for 22 years. CASA is volunteers that represent children who have no voice in the courts and are typically in foster care or group home care. He gave examples of what this type of grant funding goes towards.

Glenn Tetley, 23249 Glendora Drive, indicated that he is speaking to bring awareness and introduce the Council to an organization that has been around for about 5 years called the Unforgettables Foundation. It helps provide a dignified burial for needy families in the area that can’t afford to bury the children that they have lost. They are helping needy families in Riverside and San Bernardino Counties. They are also helping to prevent the death of children by offering free CPR training to any body or any groups at anytime that would like to take advantage of their services. They started about 5 years ago with some Doctors and a Chaplain in Loma Linda University. He is on the Board of Directors now and of those 5 years they have helped over 1,000 families in the two counties. In 2006 they helped 300 families. They spent about $102,000.00 and approximately 80% of that was in San Bernardino County alone.

Mayor Ferré closed the Public Hearing and returned discussion to the Council.
Councilmember Buchanan, stated that this is one of the hardest parts about being a Council Member. He supports Staff’s recommendation. He would love to support the organizations that have requested support however we simply don’t have enough funding to do so. He questioned if the funding for the library were less how would it affect the program

Assistant City Manager Berry, responded that the CDBG would like the grants to be in blocks of $5,000.


Mayor Ferré, questioned what was done last year.

Assistant City Manager Berry, responded that the City has funded the Library every year since he has been here.

Mayor Ferré, indicated that there is not a lot of CDBG funds to fund all of the programs and perhaps the Council could help the other organizations on their own if they wanted to. Mayor Pro Tem Garcia, suggested to utilize the local papers in town to help the other organizations that we can’t help with funding.

Councilmember Cortes, concurred with the rest of the Council that there is just not enough money to give to all of the organizations. She commended the volunteers of all the organizations.

Councilmember Miller, questioned if CDBG money was used to buy a stove for the Senior Center.

Assistant City Manager Berry, responded that he believes that it was a warming food cart that was purchased for the Senior Center a few years ago. CDBG funds were used but they were un-programmed funds not public service funds.

Councilmember Miller, questioned if there will be a change in the cost of cleaning up the K&J Plating site.

City Manager Schwab, responded that the property is privately owned. The Company is currently in bankruptcy. They came to the Redevelopment Agency initially and wanted some assistance or they were going to abandon the site. Staff went to the State Department of Toxic Substances and negotiated with them. The State agreed to allow the City to use CDBG Funds to remediate the site work to clean up that property. The Company changed their mind and indicated that they were going to do the clean up themselves. The City took the money that was set aside for this project and put it into the road reconstruction and paving on the west side of the freeway on La Cross. The Company has looked at the magnitude of the clean up and in addition they don’t have the same leverage as the City and the State wants to charge them a lot of administrative fees. K & J has decided that they do not want to try to keep the parcel so the City is going to clean up the parcel.

Councilmember Miller, questioned if this property is part of the high school property.
City Manager Schwab, responded in the negative but that it is adjacent to the property.


CC-2007-25 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following recommendation of staff:
Public Service Projects:
San Bernardino County Library, Log No. 33096, continuation of Literacy Education at the Grand Terrace Library Branch. Total request is for $10,000 staff recommends full funding our maximum public services amount of $8,400.

Re-allocation of any CDBG un-programmed funds and full funding of 2007-08 allocation:

Staff is requesting a CDBG re-allocation of any remaining un-programmed funds in addition to the 2007-08 funding allocation resulting in approximately $80,000 to be used for the K & J Plating Phase II Remediation project. Additional funding can be requested in the 2008-09 funding cycle.

NEW BUSINESS

8A. Memorandum of Understanding (MOU) on Improvement of Transportation Facilities Between SANBAG, RCTC, the County of Riverside, the County of San Bernardino, and the Cities of Colton, Grand Terrace, Loma Linda, Moreno Valley, Redlands, and San Bernardino.

CC-2007-26 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the Memorandum of Understanding (MOU) on Improvement of Transportation Facilities Between SANBAG, RCTC, the County of Riverside, the County of San Bernardino, and the Cities of Colton, Grand Terrace, Loma Linda, Moreno Valley, Redlands, and San Bernardino.

CLOSED SESSION - None
Mayor Ferré adjourned the meeting at 7:21 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, March 13, 2007 at 6:00 p.m.


CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace