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09/14/2006CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 14, 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 September 14, 2006, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes, Mayor Pro Tem Lee Ann Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Tracey Martinez, Deputy 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 0 ABSENT: Herman Hilkey, Councilmember Gary Koontz, Community Development Director The City Council meeting was opened with Invocation by Councilwoman 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. Home of Distinction Award Steve Berry, Assistant City Manager, announced that Ann Hopkins is the recipient of the Home of Distinction Award. He stated that she has lived in Grand Terrace for 46 years. This is her third home in the City. He introduced Ann and her family. Mayor Ferr6 presented her with a certificate and a gift card from Stater Bros. 2B. Grand Terrace Martial Arts Graduating Class and New Belt Ranks Kevin Buer, Senior Instructor for the Martial Arts program that is held in the Council Minutes September 14, 2006 Page 2 Community Meeting Room at City Hall explained the program and the type of training they do. They gave a presentation of the belt award ceremony. CONSENT CALENDAR CC-2006-99 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated September 14, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 08-10-2006 and 08-24-2006 Minutes 3D. Award of the Street Slurry Contract to American Asphalt South, Inc. for the 2006-07 Slurry Seal Program 3E. Measure I Capital Improvement Plan for the FY 2006-2011 3F. Barton Road Bicycle Lane Improvements from Mt. Vernon Avenue to Michigan Street (BTA 03/04-08-SBD-02) 3G. Continuing Appropriations for FY 06-07 3H. Award of the Asphalt Crack Sealing Contract to Road Works, Inc. PUBLIC COMMENT Laura Austin, 12356 Michigan, stated that she provided a packet to the Council. She reported that she had a meeting with Mr. Schwab and thanked him. She stated that Mr. Schwab agreed that Mr. Swertfeger is operating the truck depot illegally. Mr. Swertfeger has admitted that. He was sent a letter telling him to Cease and Desist. He had thirty days to do it in. He has slowed down, but slowing down doesn't count. He is not complying. She indicated that Mr. Schwab said that she could talk to Barrie Owens if he did not do as he was requested. She made an appointment and talked to her for an hour. She has no intention of doing anything about him doing this. We need to have it stopped. He needs to be out of there. He has so many violations and the City has stated in several documents that he is a non -conforming business. If he doesn't complete only one of the things that the City has required him to do, what is stopping the City from making him shut down that dirty non -conforming business. She stated that Councilman Miller has admitted that something needs to be done about this. Councilman Hilkey said that he went down there and looked at the business and that it is a dirty filthy hole and asked Mr. Schwab to check on what he had not complied with. She is disappointed with the three ladies because Mr. Miller has asked for something to be done Mr. Hilkey has asked for something to be done and Mr. Schwab has tried but she hasn't gotten one bit of support from the ladies. She questioned if they would like to take him as their neighbor for a while and give them a rest. She questioned if any of them have been down there to look at the business. She asked that they do and to please look at the information that she provided to them. Council Minutes September 14, 2006 Page 3 City Manager Schwab, stated that he staff met with Mr. Swertfeger and he admitted that they were allowing overnight parking for pay and has indicated to staff that he would stop doing that. Ms. Austin said that it isn(t the case so he will follow-up on that personally. The gentlemen that park their trucks there were at the last Council Meeting and they were told that unless some procedure was enacted to try to legalize it, that it was illegal and they had thirty days to move out and he assumed that it had been done. The trucking business that is there now is operating under a legal non -conforming use, which means that if that type of business were to come in today and try to operate and start as a new business it would most likely not be allowed a permit, however, part of that business is grandfathered in; it was there before we became a City. In 2001, he was issued permits by the Planning Commission and the City Council to expand his use. He doesn't feel that there is any expectation on the part of the staff that they would ever close that business down. He has an operating permit. There are some things that need to be done with his conditional use permit but those are tied to the construction of the 12,000 square foot building which he is in the process of going through the development process. He has already got full approval from the City for the new building and the only thing he is waiting for is clearance from the Fire Department, in which case he will then build the building and have to comply with the conditions in order for the City to give him final occupancy. REPORTS 5A. Committee Reports 1. Emergency Operations Committee a. Minutes of August 1, 2006 CC-2006-100 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0.1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to accept the August 1, 2006 Minutes of the Emergency Operations Committee. b. Appoint Committee Members (Randy Halseth to Regular Member Position and Robert Stewart to an Alternate Member Position) CC-2006-101 MOTION BY COUNCILMEM 3ER GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to appoint Alternate Committee Member Randy Halseth as a Regular Member of the Emergency Operations Committee with a term continuing to June 30, 2010 and to appoint Robert Stewart as an Alternate Committee Member of the Emergency Operations Committee with a term continuing to June 30, 2008. 5B. Council Reports Coumd Minutes Scptembcr 14, 2006 Page 4 Councilmember Garcia, stated that she drives all around the City and Council gets regular reports from the City Manager. She stated that she has been on the Council for ten years and it(s not until just recently that Mr. Swertfeger's business has become an issue. In 2001, if there was concern, it was very little, when they approved the expansion of the business. She is concerned if the Code Enforcement Officer stated that she couldn't do anything. She feels that the Code Enforcement Officer is very good about taking care of issues. She requested that the City Manager bring Council up to speed on the Swertfeger Business because she feels that it is important. She understands that the business was grandfathered in and so it(s here but there are still requirements that they need to follow. The new building will be built to code. She stated that it may not be the ideal scenario of that business being in a residential area so her take on it is to try to mitigate to the best means possible. It may take the Planning Department finding out what do you do when you have that sort of heavy use in a residential area and they may need to find out what type of buffering and mitigation measures can be placed. She reported that she attended the League with the rest of the Council. She got a lot of good ideas. She reported that the University of California has a UCTV and they deliver quality non-commercial educational programming to your community for free. She encouraged families to have their children participate in the reading programs at the library. She complimented staff on the hill being cleaned. She thanked staff for removing graffiti quickly. She is looking forward to Autumn starting in the next week. Councilmember Miller, stated that sometimes Council forgets to mention and praise work that has been done by staff. He feels that the cleaning up of the graffiti has improved and appreciates that staff has gotten control of it. He indicated that at the last Council Meeting be brought up the Resolution supporting a County Charter amendment regarding eminent domain that Mr. Postmus is proposing. He stated that City Manager Schwab provided the information to the Council so that they could decide whether or not they want to support it or not. CA,CAY Manager Schwab, stated that in the memo he requested that the Council look at the Charter Amendment and then indicate to the whether or not they would like it on the Agenda. He is looking for direction from the Council. Counci lmemberMi ller, indicated that he would like to support the Resolution and would like it to be placed on a future agenda. Ma or Pro Tem Cortes, stated that she has been living in the same area as Mrs. Austin for almost 36 years, before the City was incorporated. She stated that the trucks are always passing by and she does hear them and she walks by the business on a regular business. She stated that staff has been asked to look into the complaints that have been heard regarding Swertfeger Trucking. She reported that coyotes have been coming down off of the mountain into the City. She was not aware of how many are coming down and that they are killing small animals. She has been told that the reason they are coming down is because of the fire Council Minutes September 14, 2006 Page 5 that was on the mountain and that there is nothing for them to eat. She asked the Assistant City Manager to give an update on what is going on. Assistant City Manager Bent', stated that we had a coyote attack an animal on Michigan Street and it did die. The City has contacted animal pest systems and they have set bait out to catch the coyotes. Mayor Pro Tern Cortes, reminded everyone that the Grand Terrace Chamber of Commerce Annual Golf Tournament will be held October 27, 2006 at Shandin Hills Golf Course. It is 75.00 per person and will start at 11:00 a.m. She wished Maryetta Ferr6, Margie Miller, and her daughter a happy birthday. Mayor Ferre, reported that at the League of California Cities Conference in San Diego, they had three key note speakers. She attended the general sessions and also attended the Mayor and Councilmembers Department Meeting where Bill Leonard spoke to them, which was very interesting to her. She went to a session on redevelopment (Current Political Road blocks and Where To Go From Here(. On Friday she attended the Inland Empire and Desert Mountain Division breakfast. It was a very good conference and great place to have it. All Councilmembers attended. These conferences are very helpful and they get great ideas which helps them to become better Councilmembers. She thanked the Martial Arts program and feels that it is a great program. She stated that she has been to Swertfeger's Trucking many times and has listened carefully to what the residents have had to say and she feels confident that the City Manager will follow up on Mrs. Austin(s concern regarding the non-compliance with the law and the rules. PUBLIC HEARING - None UNFINISHED BUSINESS - None NEW BUSINESS 8A. Award of the Competitively Bid Mt. Vernon Street Maintenance Services Contract to Roquet Paving, Inc. James Reed, Executive Director for the Center for Contract Compliance, indicated that their organization monitors prevailing wage projects throughout Southern California. He received a copy of the Agreement that he assumes will be signed between the City and the Contractor for this project. In reviewing the contract he found that there is a clause that has been left out that is required under the Labor Codes particularly Section 1777.5 N. If legal agrees with his presumption he would ask that that particular requirement be added to the Agreement before the City or the Contractor signs it. He stated that their organization is non-profit and they offer Council Minutes September 14, 2006 Page 6 services to public agencies throughout Southern California to ensure that both the agency and the contractor are in compliance with their public works projects. If the City has an interest they should contact them. He would hope that this language would be added to this agreement and future agreements as well. City Attorney Harper, stated that the language will be added to the agreement. CC-2006-102 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to award the contract to Roquet Paving, Inc. for Road Maintenance Services on Mt. Vernon and authorize the appropriation of $ 435,668 with a 10% contingency. 8B. Contract Approval Between the City of Grand Terrace and the County of San Bernardino Regional Parks Department for $50,000 in Funding for ADA Compliant Play Equipment at TJ Austin and Pico Parks. CC-2006-103 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the Contract between the County of San Bernardino Regional Parks Department and the City of Grand Terrace for $50,000 to go toward the purchase of ADA Compliant play equipment for TJ Austin and Pico Parks and to appropriate 2,481 from the Park Account 10-450-245 to cover the remaining balance. CLOSED SESSION - None Mayor Ferre adjourned the meeting at 7:00 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, September 28, 2006 at 6:00 p.m. CITY CLEkK of the City of G a Terrace YO fthe City of Grand Terrace a