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08/10/2006F CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 10, 2006 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 August 10, 2006, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes, Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Tracey Martinez, Deputy City Clerk Gary Koontz, Community Development Director Richard Shields, Building & Safety Director Lt. Hector Guerra, Sheriffs Department John Harper, City Attorney ABSENT: Steve Berry, Assistant City Manager Larry Ronnow, Finance Director The City Council meeting was opened with Invocation by Pastor Rick Doucette, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Airman First Class, Delayna Reiser. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. "Healthy Communities" - Angelica Baltazar, Program Coordinator, San Bernardino County Department of Public Health Angelica BaItazar, Program Coordinator, San Bernardino County Department of Public Health, gave a brief overview of the Healthy Communities Program and encouraged the City of Grand Terrace to get involved in the effort as well as any community groups that would Iike to participate. CONSENT CALENDAR CC-2006-85 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER Council Minutes August 10, 2006 Page 2 GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of item 3E.: 3A. Approve Check Register Dated August 10, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 07-13-2006 Minutes 3D. Travel Authorization for the Code Enforcement Officer to Attend the CACE Conference October 4-7, 2006 in Monterey ITEM REMOVED FROM THE CONSENT CALENDAR 3E. Contract with the City of San Bernardino for Animal Housing Services CC-2006-86 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0 to approve the following Consent Calendar Item that was removed for discussion: 3E. Contract with the City of San Bernardino for Animal Housing Services PUBLIC COMMENT Jeff Swertfeger, 22257 McClarren Street, my concern is basically there is complaints getting about our facility, Swertfeger's Equipment. I wrote what I would like to say tonight: After graduating high school I began working full time with my Father repairing semi -trailers. Knowing our property was an eye sore I created a goal. My goal was to convert our junk yard environment into a clean running facility. Now that I have accomplished this goal I'm getting harassed by neighbors claiming that we are running a trucking terminal. Our facility is not a trucking terminal. It is simply a repair facility. Customers drop off their trailers, get them repaired and then pick them up. We have had trucks coming and going for decades before Grand Terrace ever became a City. So why now are we having issues? Our company takes pride in customer service, communication is the only way to run a smooth business. All of our customers and vendors like doing business with us. We would like the same relationship with our neighbors. If our facility is causing disturbances to citizens of Grand Terrace, please call me so I can help resolve the problem. I am at the office Monday through Friday 7 to 4, you can call me 909 825-8116. Thank you. Lee Swertfeger, 22002 Van Buren Street, We received a letter from the City about our truck parking, which we've had since the sixties. We had started out with just friends that owned their own trucks and a lot of them were people we worked on their equipment for and most of them had the same kind of trailers that we worked on. I was unaware that we were illegal in letting them park there and charging them to park there and was unaware that we needed a permit for that. I'm sorry and I apologize to the City for doing that. I am going to have rl� Council Minutes August 10, 2006 Page 3 some upset truck owners that live here in Grand Terrace that's been there for many years. I sent them all a letter telling them that the City told me that they had to be out by the 19' so we are responding to that and hoping to resolve this. We felt we were doing the truck owners of Grand Terrace and the City a favor by giving them a place to park here in the City so they didn't have to park on the streets. We are kind of surprised by this. I have another subject, if it's okay about Ms. Farley has been complaining at every meeting about me and been harassing our Company for quite some time. She's been spotted many times, out in front, during the day making notes on everything that we do. On the weekend I can start up a lawnmower and she'll drive by my house to see what I'm doing and takes notes on it. This is happening constantly and my attorney tells me I need to do something about it because I have followed all the rules that the City has put to me we've tried to run as clean operation as we can, we've been licensed from day one. We were licensed with the County before it became a City and we are licensed with the City, we're licensed with the State and I don't know what more we need to do. We're trying our best to run a clean operation. We've opened up another location up in Pixley California and it's started off really good. It's taken a lot of time and I don't have time to deal with this harassment. Thank you very much I appreciate it. Barney -Barnett, 474 Prospect, Highgrove, stated that the City of Grand Terrace in 2001 adopted a Resolution in regards to a Highgrove Metrolink stop. He gave an update of what's going on with that. He stated that RCTC and SANBAG needs to cooperate for the benefit of the entire area. He thanked Gary Koontz for his cooperation and help. He stated that he received an e-mail from Grandpa Terrace, who is unidentifiable to him. He stated that if you are using a fictitious name to criticize, come to the podium and state your name and give your opinion and you will have a lot more credibility. Burt Ely, 241 S. Michigan Street, Redlands, gave a promotion on the Riverside Single Swinger dance club. Their classes will begin in Grand Terrace on the 12th on September at the Lion's Community Center. It is a great way to exercise your mind and body. He stated that the first lesson is free. Connie Krugger,195 Linda Court, Colton, stated that she held a neighborhood meeting at her home regarding the traffic signal at La Cadena and Barton Road. The Mayor, City Councilmember and traffic engineer of Colton attended. The City of Colton is doing the work and have closed their access to make left hand turns onto Palm Avenue off of La Cadena, which is a big concern. She stated that she called and spoke to Assistant City Manager Berry inviting Grand Terrace to participate in the meeting, who declined. Deidre Bennet asked her to come to the Council Meeting to ask the Council of Grand Terrace to get involved in this issue. She pointed out that they have 460 homes in their neighborhood and 74 more being built with only two ways to get in and out. They have to drive blocks out of their way to get to their homes. They also have concerns that there will be slow access for emergency vehicles. She requested that the City get involved and contact the City of Colton Council Minutes August 10, 2006 Page 4 so that they can be in union on this issue. Charles Hornsby. 22656 Brentwood, feels that the City should consider adopting a Good Citizen Developer Policy. He feels that the City should have some sort of law or at least practice that when a developer comes to the City that they follow the rules of the City and not come in and request that the City change the rules to accommodate their development. He gave examples of how the City has made changes to accommodate the developer. He feels that the City should take the position that the developer should follow the laws as they are. Bill Hays, DeBerry Street, referred to an article that was in the Press Enterprise dated April 28, 2006 that indicated that Jacobsen stated that he is prepared to build Plan B and that he is talking to other major retailers to replace Lowe's in the proposed development and that he would know in 30 days of a possible replacement. It also stated that Jacobsen plans to submit his back-up proposal to the Planning Commission within 90 days. The 30 days and the 90 days have expired and he would like to know what is going on with Plan B and what Mr. Jacobsen's back-up proposal is. He questioned when the Public Hearings are going to be held on the on the transfer of land to Mr. Jacobsen from the RDA. There appears to have been a parcel transferred after July 4th and there was no public hearing. Once again he asks, as he did in his document request, for the disposition of the 1996 Crown Victoria that was a City vehicle and to whom it was sold or traded. He directed a the following statement to Mr. Ropollo: personal attacks in the Press don't bother him and ifhe wants to discuss issues, he would be more than happy to debate him and anyone else. He would be happy to set up a debate in an open and honest forum where there are no personal attacks. He stated that Mary Silverstein with the Corporation for Better Housing stated that the Blue Mountain Senior Villas would be low to moderate income. After the deal was done it came out in the press that it was low to low, low income and that the funding for the facility was coming from the government that requires it to be section 8 housing. Laura Austin, 12356 Michigan, stated that she is sorry Mr. Swertfeger feels that he is being picked on by the neighbors but he needs to go and check the neighborhood, the rest of it is residential. He is letting trucks park there and she is tired of the dump trucks rattling her house all day and all night. They come and go all day. Mr. Swertfeger sees dollar signs marked on each one of those trucks, however, those who live on Michigan do not. She would like to go out in her yard without the gas fumes and noise. Mr. Swertfeger states that he has done everything that the City has asked of him. She stated that there are several conditions that he has not met and everyone that she has asked to make him comply with the conditions has not done so. She thanked Mr. Schwab for handing the Truck Depot issue, that will be a big help. He is the one making the money and not offering to repair the street that the trucks tear up. His business is not 7 a.m. to 4 p.m. it is all hours of the day. This is her home. Council Minutes August 10, 2006 Page 5 Patricia Farley, 12513 Michigan Street, stated that if the City had been responsible in protecting the rights of all citizens in Grand Terrace, they would not be having this problem with Mr. Swertfeger's trucking business at this point. Mr. Swertfeger does not understand the law and what harassment is. They specifically know that he is violating their rights and the conditions in which he was allowed a conditional use permit. They have been told that they have to prove it. She stated that she has not spoken to anyone on his property, she has not been on his property. She may go by on the public street and photograph and write down what are violations of her rights and her neighbor's rights. If he is a legal business since 1960, then he should have been paying for a business license since then. She would love for him to prove that. She stated that she is not harassing him if he was not doing illegal and unethical things against his approval and disturbing the neighbors he wouldn't need to worry about anyone photographing and documenting what he is doing. City Manager Schwab, stated that the City does want to be involved in the signal project. He is unsure why Assistant City Manager Berry didn't attend the meeting but he will certainly look into it. He would like to be informed of any meeting that they will be holding. He will contact the Mayor of Colton. Jacobsen is proceeding with Plan B. The developer and the Redevelopment Agency has abandoned any plans to try and acquire the Stringfield property. Jacobsen has Stater Bros, as the main anchor and Chilis has signed as well. They I are looking at a few scenarios and something should be before the Planning Commission I within 3 months. REPORTS 5A. Committee Reports Crime Prevention Committee a. Minutes of June 12, 2006 CC-2006-87 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to accept the June 12, 2006 Minutes of the Crime Prevention Committee. 2. Emergency Operations Committee a. Minutes of June 6, 2006 CC-2006-88 MOTION BY COUNCELMEMBER GARCIA, SECOND BY MAYOR FERRE, to accept the June 6, 2006 Minutes of the Emergency Operations Committee. b. Accept Resignation ofCommittee Members (Rich Haubert & Dorothy Raborn) Council Minutes August 10, 2006 Page 6 CC-2006-89 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to accept the Resignation of Rich Haubert and Dorothy Rabom from the Emergency Operations Committee. Appoint Regular Committee Member (Lew Neeb) CC-2006-90 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to appoint Lew Need as a regular member of the Emergency Operations Committee to fill an unexpired term that will continue to June 30, 2008. 5B, Council Reports Councilmember Garcia, complimented the Library and the Programs that they offer. She attended a commuter rail program where she heard some interesting statistics relating to the impact of gas prices. She reported that the 215 will have a new concrete median. She noticed some solar powered speed monitors in Riverside and suggested that Grand Terrace look into something like it. She reported that the Concert in the Park will be held on Friday, August 18 from 7:00 to 8:30 p.m. She reported that the Fireworks Ad -Hoc Committee met to go over the survey and reports and will have a second meeting in September before they bring back a recommendation to the Council. She questioned what the status of the Valero Station is. Building & Safety/Public Works Director Shields, responded that Building & Safety issued permits and they should be starting soon. Councilmember Garcia, questioned if this project is going to impact traffic flow. Building & Safely/Public Works Director Shields, responded that the structure will be done first then the street improvements. He stated that the construction should take approximately 4 months and the street improvements will take approximately 3 weeks, which will hinder traffic a little bit. Councilmember Hilkey, stated that he was on vacation in Colorado and saw the similar solar driven speed monitors. He stated that he talked to the City Manager about looking into getting something similar for Grand Terrace. He referred to the Peaker Plant Article in the newspaper. He stated that the article is misleading because Riverside and Colton both have their own utility, Grand Terrace does not. The Peaker Plant will not just help Grand Terrace. Electricity for Southern California Edison has gone up 31%. He questioned what the status is of the traffic mitigation and lights through town. Council Minutes August 10, 2006 Page 7 Councilmember Miller, stated that Council wants to be included and involved with the signal project on La Cadena. He stated that he receives a -mails from individuals throughout the Community. He stated that he feels we need to look at the what is going on with the Corporation for Better Housing accepting Section 8. He would like a meeting set up with Swertfeger Trucking to discuss the issues that have been brought up and try to resolve some of them. Colton Joint Unified School District proposed to the Grand Terrace Lion's Club to have a two year Lease Agreement. They went to the Board meetings in an effort to have a longer lease. They were successful in negotiating a 15 year lease. He thanked the Board for being opened minded. Mayor Pro Tem Cortes, reported that SANBAG approved the signal Iight synchronization to begin this month. She stated that there are approximately 600 lights from Redlands to Chino that need to be done. This should save motorists 12% in time. Grand Terrace is the first City to have a signal installed on Barton Road and Grand Terrace Road. She stated that Voter Registration Forms are available at City Hall. She thanked Lee and Jeff Swertfeger for coming to the meeting. She stated that Council wants to be involved with the traffic signal project on La Cadena. She stated that she appreciates Mr. Hays' comments on stopping the personal attacks and keeping campaigns clean. She stated that all businesses should have a business license in Grand Terrace and requested that the City Manager make sure that all businesses even those in homes have a license. She wished City Manager Schwab a Happy Birthday. Mayor Ferr6, stated that Council indicated that they want to be involved in the signal project. She reported that some of the Councilmembers attended the Monterey Mayor and Councilmembers Conference. One of the sessions was the ethics training that every elected official must go to by January 2007. This two hour session was very good and a move in the right direction. PUBLIC HEARING 6A. Zone Change Case No. 06-01 (ZC-06-01), Tentative Tract Map No. 06-01 (TTM-06-01/County No. 18071) and Environmental Review Case No. 06-03 (E-06-03) to Change the Existing R1-20 Zoning to R1-10 Zoning on a 8.26 Acre Parcel and to Subdivide the Property into 20 Single Family Lots. An Ordinance of the City Council of the City of Grand Terrace Approving Zone Change No. 06-01 (Z-06-01) to Change the Existing R1-20 Zoning to R1-10 and Delete the AG Overlay Zone for an 8.26 Acre Parcel Located on the Northerly Side of Pico Street Starting Approximately 150 Feet Easterly of the Intersection of Pico Street and Kingfisher Road and Environmental Case No. 06-03 (E-06-03) - Mitigated Council Minutes August 10, 2006 Page 8 Negative Declaration as Provided by the California Environmental Quality Act Resolution by the City Council of the City of Grand Terrace, State of California, Approving Tentative Tract Map No. 06-01 (County No. TTM 18071) for a 20 Lot Single Family Residential Development on a 8.26 Acre Parcel Located on the North Side of Pico Street 150 East Kingfisher Road in the City of Grand Terrace, California Community & Economic Development_ Director Koontz, gave a brief report of the history of the project. He stated that the residents met with staff and the developer on the 26'ti of July to discuss the project and issues as well as design changes. The applicant presented two alternative designs for an 18 unit tract while the residents presented a design for a 15 unit tract. Following an extensive discussion, all parties reached an agreement. He stated that it is staff s recommendation to adopt the ordinance changing the existing R1-20 Zoning to R1-10 Zoning based on the findings in the Ordinance and recommend the approval of the Resolution of Approval for Tentative Tract Map No. 06-01 (County Tentative Tract No. 18071) based on the findings in the Resolution and the noted revision to tract design and conditions of approval. Councilmember HiIkey, confirmed that all water would stay on project property and out onto the street. Community & Economic Developer_ Director Koonts, responded that no water will be going onto the existing site. Councilmember Miller, referred to a location on the map and questioned if it is some type of drainage on Bryce Court. Community & Economic Development Director Koontz, responded that it appears to be a storm drain inlet. Mayor Ferre opened the Public Hearing for discussion. Charles Hornsby, 22656 Brentwood, stated that it seems like a pretty good plan, he feels that it should stay at 15 homes and that Council should not compromise at all. Patricia Farle , stated that she has an issue of changing zones that affects everyone. She feels that the City needs to stick with a plan and follow proper procedures for zone changes. She feels that private meetings with residents keeps the other residents in the dark. She feels that these items are not being handled right and without proper procedures. 0 Council Minutes August 10, 2006 Page 9 Mayor Ferre closed the Public Hearing and returned the discussion to the Council. Councilmember Garcia, stated that representing those in the Community is very important to her. People in Grand Terrace care about the entire City. It was her intent that those who were most impacted be a part of the process. Council was precluded from talking about this project. She understands the discussion that there is a General Plan and it should be followed. She stated that there is no special treatment. When she is faced with an issue she truly looks at what is going to be in the best interest of all the residents. Councilmember Hilkey, stated the issue on the table is why is it going from 15 to 20 homes. He is concerned that the group is not participating in the discussions. Council is taking the word of staff and the developer. Mayor Pro Tem Cortes, stated that she had suggested 18 homes as a compromise because 4 of the speakers had brought up 18 homes. Mayor Ferre, stated that this plan has been revised and accepted by the residents on Kingfisher as well as the Developer and that is why they have not spoken tonight. Community & Economic Development_ Director_ Koontz, responded that they all agreed. He stated that if they were opposed to the project they would be stating so. Councilmember Miller, stated that he is happy that the City is trying to work out and resolve the issues with the residents that are directly affected. He feels that a compromise has been made. He stated it may be frustrating that we aren't hearing from the other side, however, it appears that there was an agreement made between everyone. Councilmember Garcia, stated that she wants to make sure that all of the residents attended the meeting. Communty 8c_Economic Development Director Koontz, responded that all of the Kingfisher residents were represented in one way or another. CC-2006-91 MOTION M BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve Zone Change Case No. 06-01 (ZC-06-01), Tentative Tract Map No. 06-01 (TTM-06-0 I /County No. 18071) and Environmental Review Case No. 06-03 (E-06-03) to Change the Existing RI -20 Zoning to R1-10 Zoning on a 8.26 Acre Parcel and to Subdivide the Property into 20 Single Family Lots; and an Ordinance of the City Council of the City of Grand Terrace Approving Zone Change No. 06-01 (Z-06-01)to Change the ExistingRI-20 Zoning to R1-10 and Delete the AG Overlay Zone for an 8.26 Acre Parcel Located Council Minutes August 10, 2006 Page 10 on the Northerly Side of Pico Street Starting Approximately 150 Feet Easterly of the Intersection of Pico Street and Kingfisher Road and Environmental Case No. 06-03 (E-06-03) - Mitigated Negative Declaration as Provided by the California Environmental Quality Act; and a Resolution by the City Council of the City of Grand Terrace, State of California, Approving Tentative Tract Map No. 06-01 (County No. TTM 18071) for a 20 Lot Single Family Residential Development on a 8.26 Acre Parcel Located on the North Side of Pico Street 150 East Kingfisher Road in the City of Grand Terrace, California and that the following conditions of approval be added: 1. A six-foot high masonry block wall shall be constructed along the west property line. The wall's design will be subject to approval by the Community Development director and the Public Works Director. 2. A gate shall be installed at the south end of the drainage easement along the west property line. The gate shall be kept locked at all times unless maintenance is occurring. Access to this gate shall be controlled by the Homeowner's Association. 3. All drainage generated by the project shall be directed away from the west property line. No project drainage shall be permitted to enter the parcels along the east side of Kingfisher Road or within the drainage facility serving parcels on the east side of Kingfisher. 4. The easterly drainage easement shall be paved as approved by the Community Development Director and Director of Building & Safety. 5. Condition # 30 shall be revised as follows: "The project shall be used for residential purposes only. Conditional, Covenants, and restrictions (CC&R's) shall be recorded as part of this tract. At a minimum, these CC&R's shall include the following provisions: ■ The establishment of a Homeowner's Association. ■ Provisions for the maintenance of any and all slopes in the event the individual homeowners fail to provide adequate maintenance. ■ Provisions for the maintenance of the private streets. ■ Provisions for the maintenance of any and all water quality management systems within the project. The CC& R's shall be submitted to the Director of Community Development and City Attorney for review and approval prior to recordation. 6B. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California, Authorizing an Amendment to the Contract Between the City Council of the City of Grand Terrace and the Board of Administration of the California Public Employees' Retirement System Council Minutes August 10, 2006 Page l l City Manager Schwab, reported that during labor negotiations on June 8, 2006 the City Council agreed to amend the current PERS contract to a 2.7% at 55 formula for miscellaneous members. The Resolution of intent to approve an amendment to the PERS Contract was adopted by the City Council at the July 13, 2006 Meeting. The first reading of the Ordinance was held on July 13, 2006. This is the second reading of the Ordinance, however, due to a noticing error for the first public hearing, the second reading is scheduled as a public hearing. Mayor Ferre opened the Public Hearing for discussion, there being none, discussion was returned to the Council. CC-2006-92 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to approve the second reading of an Ordinance of the City Council of the City of Grand Terrace, California, Authorizing an Amendment to the Contract Between the City Council of the City of Grand Terrace and the Board of Administration of the California Public Employees' Retirement System. UNFINISHED BUSINESS 7A. Council Procedures CC-2006-93 MOTION BY COUNCILMEMBER HILKEY SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve Council Procedures with the following changes: Page 1 - Change the Council Meeting to the Second and Fourth Tuesday of each month. Page 5 - 2.7 section b #4 should read Upon consensus of a majority of the Council, additional public testimony may be received and change the previous #4 to #5. Page 6 - d. should read After the Mayor has declared that the public hearing has concluded, the Council Members may ask questions, and the audience will be precluded from participation; it is however, within the City Council's prerogative to reopen the public hearing for additional testimony. Page 11 - 5.2 should read TIME LIMITATION - Any public member addressing the Council shall limit his or her address to three (3) minutes. The Mayor or a Council Member may move to extend the time limitation which shall be extended upon a majority vote of the Council. When any group of persons wishes to address the Council Council Minutes August 10, 2006 Page 12 on the same subject matter, it shall be proper for the Mayor to request that a spokesman be chosen to represent the group, so as to avoid unnecessary repetition. A speaker may not yield time to another speaker. 7B. Law Enforcement Contract Amendment - Schedule A CC-2006-94 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to amend the Law Enforcement Services Contract Schedule A, to increase Grand Terrace Law Enforcement by one position, and allocate $168,000 from the un-appropriated fund balance in the General Fund, as well as authorize the Mayor to execute the amendment. NEW BUSINESS -None CLOSED SESSION - None Mayor Ferre adjourned the meeting at 9:17 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, August 24, 2006 at 6:00 p.m. CITY CLE cif the City of Gr Terrace r r NIA- of the City of Grand Terrace [I] U