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02/26/2004 off", F�LE: :C ,W clT qV GRAND TEZR CE _ J .;February'26,2004 - 22795 Barton Road Grand Terrace - California 92313-5295 vi Civic Center (909)824=6621 Fax(909)783-7629 Fax(909)783-2600 - CITY OF GRAND TERRACE Lee Ann Garcia • Mayor MaryettaFTem CRAXITY COUNCIL - Mayor Pro Tem`, - _ - Herman Hilkey, REGULAR MEETIN'GS;. . = _, DonLarkin 13eilMembes_~( 2ND AND 4` Thursday 0 30 pain. ' Council Members - Thomas J.Schwab City Manager - Council Chambers' ; Grand Terrace Civic-Center - 22795.Barton'Road. . Grand_Terrace, CA9231.3-5295 ; CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS FEBRUARY 26, 2004 GRAND TERRACE CIVIC CENTER 6:30 PM 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990.IFYOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S y 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- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 02-12-2004 Minutes Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Assemblyman Dutton 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. Anv Council Member,Staff Member.or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated February 26,2004 Approve B. Ratify 02-26-2004 CRA Action C. Waive Full Reading of Ordinances on Agenda D. Approval of 02-12-2004 Minutes Approve E. Travel Authorization for Steve Berry to Attend a Authorize Management Training Program in San Luis Obispo,CA from April 30`'to May 2,2004 F Contract with the San Bernardino County Department of Approve Real Estate Services for the Grand Terrace Library Branch G. Completion of the Traffic Signals at Mt.Vernon Avenue and Accept/Direct De Berry Street COUNCIL AGENDA 02-26-2004 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 4. PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports 1. Emergency operations Committee a. Minutes of01-06-2004 Accept 2. Crime Prevention Committee a. Minutes of 01-12-2004 Accept B. Council Reports 6. PUBLIC HEARINGS A. An Ordinance of the City of Grand Terrace California, Approve Amending Title 8,the Grand Terrace Health and Safety Code by Revising Chapter 8.04,Nuisance Abatement;Amending Title 18, The Grand Terrace Zoning Code by Adding to Chapter 18.06,Definitions,A New Definition of Recreation Vehicles (RV's), By Adding to Chapter 18.60; Off-Street Parking,A New Section on Recreational Vehilcle Parking; and by Revising Chapter 18.73, General Regulations and Exceptions; and Amending Title 4, Comprehensive Fee Schedules, Fines and Taxes, by Adding a New Chapter 4.105,Recreational Vehicle Parking and Storage Fines 7. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Grand Approve Terrace, California Amending Chapter 4.72 of the Grand Terrace Municipal Code and Establishing Sewer User Charges 8. NEW BUSINESS A. Cancellation of Council Meeting:March 25,2004 Cancel B. Waiver of Ordinance 190 Traffic Circulation Fee Waive (Swertfeger) C. Council Reorganization and Review and Assign Representatives/Alternates to Various Government Organizations 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,MARCH. . ..11. ,.2004.AT 6:.30.P..M.. . ................. . . . ........ . . ... ........................................ "'A AGENDA ITEM REQUESTS FOR THE. ..03-11-2004 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 03-04-2004. Z L'�cJ r_S: CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - FEBRUARY 12, 2004 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 12, 2004 at 6:30 p.m. PRESENT: Lee Ann Garcia, Chairman Maryetta Ferr6, Vice-Chairman Don Larkin, Agency Member Bea Cortes,Agency Member Tom Schwab, Executive Director Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Jerry Glander, Building & Safety Director Gary Koontz, Community Development Director John Harper, City Attorney Lt. Hector Guerra, Sheriffs'Department ABSENT: Herman Hilkey, Agency Member APPROVAL OF 01-22-2004 MINUTES CRA-2004-05 MOTION BY VICE-CHA UVIAN FERRE, SECOND BY AGENCY MEMBER CORTES,CARRIED 4-0-1-0(AGENCY MEMBER HILKEY WAS ABSENT),to approve the January 22, 2004 Community Redevelopment Agency Minutes. MID YEAR BUDGET ADJUSTMENTS - FY 03-04 CRA-2004-06 MOTION BY VICE-CHAIRMAN FERRE, SECOND BY AGENCY MEMBER CORTES,CARRIED 4-0-1-0(AGENCY MEMBER HILKEY WAS ABSENT),to approve Revenue and Appropriation Adjustments to the FY 03-04 Redevelopment Budget as follows: FY 03-04 Revenue Adjustments 32-600-207, Rollins Park Financing- $35,622 FY 03-04 Appropriations Adjustments: 32-600-205, Outdoor Adventure Center (OAC) - $65,000 32-600-207, Rollins Park Project - ($677,034) 33-300-701, ERAF Payment to County- $72,533 CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes February 12,2004 Page 2 Chairman Garcia adjourned the Community Redevelopment Agency Meeting at 6:40 p.m., until the next CRA/City Council Meeting scheduled to be held on Thursday,February 26,2004, at 6:30 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 Check Regis Dated February 26, 2004 vchlist Voucher List Page: 1 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa - Voucher Date Vendor Invoice Description/Account Amount 53020 2/4/2004 006315 ROLLINS, RICHARD Jan. 2004 Jan. Open/Close/Clean Park 10-450-245-000-000 1,162.50 Total : 1,162.50 53021 2/4/2004 010290 KAISER PERMANENTE 02/03/2004 COBRA INS.-HERMAN HILKEY 10-110-142-000-000 390.17 Total : 390.17 53022 2/5/2004 005702 PUBLIC EMPLOYEES RETIREMENT 013004 PERS FOR PAYROLL END 13004 10-022-62-00 7;081.99 Total : 7,081.99 53023 2/5/2004 010164 GREAT-WEST 013104 DEF COMP FOR JAN 04 10-022-63-00 14,321.63 10-022-64-00 1,344.19 Total : 15,665.82 53024 2/6/2004 003420 INLAND COUNTIES.INSURANCE SVCS 020104 DENTAL FOR FEB 04 10-022-63-00 877.52 10-022-61-00 27.68 Total : _ 905.20 53025 2/6/2004 005452 PACIFICARE OF CALIFORNIA 020104 PACIFICARE HEALTH INS Page: 1 COMM AGENDA ITEM NO vchlist Voucher List Page: 2 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53025 2/6/2004 005452 PACIFICARE OF CALIFORNIA (Continued) 10-125-142-000-000 405.38 10-140-142-000-000 1,430.52 10-172-142-000-000 237.34 10-175-142-000-000 189.88 10-180-142-000-000 716.65 10-370-142-000-000 488.57 10-380-142-000-000 241.41 10-440-142-000-000 482.82 10-450-142-000-000 202.69 21-572-142-000-000 272.53 32-370-142-000-000 139.59 34-400-142-000-000 794.65 10-022-63-00 6,119.24 10-022-61-00 241.41 10-120-142-000-000 545.08 Total : 12,507.76 53026 2/6/2004 006772 STANDARD INSURANCE COMPANY 020104 STANDARD INS- LIFE AND DISABILITY 10-120-142-000-000 18.25 10-125-142-000-000 11.75 10-140-142-000-000 19.50 10-172-142-000-000 3.26 10-175-142-000-000 2.60 10-180-142-000-000 18.88 10-370-142-000-000 9.10 10-380-142-000-000 6.50 10-440-142-000-000 76.75 10-450-142-000-000 6.50 21-572-142-000-000 5.87 32-370-142-000-000 2.60 34-400-142-000-000 14.94 34-800-142-000-000 11.75 10-022-63-00 1,160.20 Total : 1,368.45 53027 2/6/2004 004587 MANAGED HEALTH NETWORK 020104 MANAGED HEALTH NETWORK Page: 2 vchlist \' _ Sher List Page: 3 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 53027 2/6/2004 004587 MANAGED HEALTH NETWORK (Continued) 10-172-142-000-000 2.91 10-175-142-000-000 2.35 10-180-142-000-000 16.50 10-370-142-000-000 7.73 10-380-142-000-000 5.48 10-440-142-000-000 157.95 10-450-142-000-000 5.48 21-572-142-000-000 5.57 32-370-142-000-000 2.35 34-400-142-000-000 12.95 34-800-142-000-000 10.95 10-120-142-000-000 10.95 10-125-142-000-000 10.95 10-140-142-000-000 16.38 Total : 268.50 53028 2/6/2004 004630 METLIFE (METROMATIC) 020104 METLIFE FOR FEB 04 10-022-63-00 219.00 Total : 219.00 53029 2/10/2004 010164 GREAT-WEST loanfix MULLINS LOAN FIX PAYMENTS 10-022-64-00 1,005.32 Total : 1,005.32 53030 2/12/2004 001907 COSTCO#478 47811021730 CHILD CARE SUPPLIES 10-440-220-000-000 24.42 10-440-228-000-000 135.08 Total : 159.50 53031 2/18/2004 007400 U. S. BANK TRUST N.A. 01232004 Acct#94-668700 Rollins Park RDA 33-300-207-000-000 26,767.50 Total : 26,767.50 53032 2/18/2004 007400 U. S. BANK TRUST N.A. 02062004 Grand Terrace 93A&B A/C94-622650 33-300-203-000-000 192,405.50 Total : 192,405.50 Page: 3 vchlist Voucher List Page: 4 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53033 2/19/2004 006720 SO.CA.EDISON COMPANY Jan. 2004 Jan. Electricity 16-510-238-000-000 32.41 10-450-238-000-000 126.28 16-510-238-000-000 3,781.02 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 10-805-238-000-000 549.44 Total : 4,638.55 53034 2/26/2004 001024 ACCENT PRINT & DESIGN 240130 PRINTING OF SENIOR NEWSLETTER 10-805-222-000-000 90.51 Total : 90.51 53035 2/26/2004 010304 ADCOCK, LINDA 02172004 Refund lic fee-Ghost altered 10-200-15 25.00 Total : _ 25.00 53036 2/26/2004 001151 AMERICAN BUSINESS SYSTEMS 02284002 Mail mach/scale maint agreement to 2/05 10-190-211-000-000 460.00 Total : 460.00 53037 2/26/2004 007259 AMERINATIONAL COMMUNITY SERV 76121 Loan process inq/cred it report-Molnar 34-700-100-000-000 140.00 Total : 140.00 53038 2/26/2004 001456 BOISE CASCADE OFFICE PRODUCTS 021001 Colored copy paper 10-440-210-000-000 173.48 043808 Envelopes 10-190-210-000-000 105.44 066771 Copy paper 10-190-212-000-000 75.11 812011 Wrist rest combo 10-140-210-000-000 30.64 849800 Office supplies 10-120-210-000-000 29.94 Page: 4 vchlist Ni--,;her List Page: 5 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53038 2/26/2004 001456 BOISE CASCADE OFFICE PRODUCTS (Continued) 887564 CREDIT-RETURN-DUP ORIG INV#812011 10-140-210-000-000 -30.64 899628 Office supplies 10-140-210-000-000 137.76 946997 Office supplies 10-120-210-000-000 20.83 972445 Office supplies 32-370-210-000-000 186.29 975065 Copy paper 10-190-212-000-000 143.53 Total : 872.38 53039 2/26/2004 001494 BURTRONICS BUSINESS SYSTEMS 374387 2 bxs Blk RISO Ink 10-190-212-000-000 160.44 Total : 160.44 53040 2/26/2004 010217 CALIFORNIA OVERNIGHT 4214983 Jan. doc delivery service 10-190-211-000-000 21.65 Total : 21.65 53041 2/26/2004 010218 CHEVRON 789819195740 Jan. Fuel-city vehicles 10-180-272-000-000 560.15 Total : 560.15 53042 2/26/2004 001855 CM deCRINIS 205 Prof. services & expenses 32-200-250-000-000 777.00 Total : 777.00 53043 2/26/2004 001867 COMMERCIAL LANDSCAPE SUPPLY 126431 LANDSCAPE SUPPLIES 10-450-245-000-000 243.08 10-450-245-000-000 55.44 Total : 298.52 53044 2/26/2004 010147 CORTES, BEA Feb. 2004 Feb. Council &AgencV stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Page: 5 vchlist Voucher List Page: 6 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor , Invoice Description/Account Amount 53044 2/26/2004 010147 CORTES, BEA (Continued) Total : 400.00 53045 2/26/2004 001930 DAILY JOURNAL CORPORATION B632638 Pub Hrq.Notices 10-370-230-000-000 80.85 B633108 Pub. Hrq Notice 10-370-230-000-000 80.08 Total : 160.93 53046 2/26/2004 001937 DANKA OFFICE IMAGING COMPANY 700928998 DANKA COPIER 34-400-246-000-000 51.70 10-175-246-000-000 23.50 10-172-246-000-000 18.80 Total : 94.00 53047 2/26/2004 001942 DATA TICKET INC. 9131 PARKING CITATION PROCESSING 10-140-255-000-000 100.00 Total : 100.00 53048 2/26/2004 003210 DEPT 32-2500233683 002361/92919 Maint supplies 10-180-245-000-000 17.19 004196/70814 HARDWARE AND SUPPLIES 10-450-245-000-000 256.14 011205/00304 Maint/repair supplies 10-180-245-000-000 25.60 10-440-245-000-000 77.82 10-180-218-000-000 10.74 Total : 387.49 53049 2/26/2004 001935 DFM ASSOCIATES 02052004 2004 loose-leaf Elections Code 10-125-250-000-000 43.10 Total : 43.10 53050 2/26/2004 002280 EVER READY EMBROIDERY 488019 Sew logos & names on maint shirts 10-180-218-000-000 32.33 Total : 32.33 53051 2/26/2004 002301 FEDEX 1-602-47105 Document delivery 10-190-2.11-000-000 19.15 Page: 6 vchlist V.:.--her List Page: 7 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53051 2/26/2004 002301 FEDEX (Continued) Total : 19.15 53052 2/26/2004 002450 FERRE', MARYETTA Feb. 2004 Feb. Council &Agencv Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 53053 2/26/2004 002710 FOX OCCUPATIONAL MEDICAL CT. 12011 NEW EMPLOYEE PHYSICALS 10-190-224-000-000 60.00 Total : 60.00 53054 2/26/2004 002727 FREEMAN COMPANY, J R 258780-1 Council name plate holders 10-110-210-000-000 105.37 Total : 105.37 53055 2/26/2004 002740 FRUIT GROWERS SUPPLY 32060650 LANDSCAPE SUPPLIES 10-450-245-000-000 175.57 16-900-254-000-000 95.36 32060663 LANDSCAPE SUPPLIES 10-450-245-000-000 12.82 341181 R3 LANDSCAPE SUPPLIES 10-450-245-000-000 15.35 Total : 299.10 53056 2/26/2004 010296 FULLER TRUCK ACCESSORIES 16225 DRAWER BOX FOR TRUCK 10-450-701-000-000 762.30 10-450-701-000-000 59.08 Total : 821.38 53057 2/26/2004 002795 GARCIA, LEE ANN Feb. 2004 Feb. Council &Agencv Stipends 32-200-120-000-000 150.00 10-110-120-000-000 183.99 Total : 333.99 53058 2/26/2004 010305 GONZALES, DAVID 02092004 Refund application fees-dup filing 10-420-11 33.00 10-400-03 33.00 Page: 7 vchlist Voucher List Page: 8 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53058 2/26/2004 010305 GONZALES, DAVID (Continued) Total : 66.00 53059 2/26/2004 010294 GOPCPLUS.COM 141704 COLOR PRINTER 34-800-220-000-000 817.00 Total : 817.00 53060 2/26/2004 003020 GREENWOOD'S UNIFORM COMPANY 19067 UNIFORMS 10-180-218-000-000 35.90 10-180-218-000-000 2.78 Total : 38.68 53061 2/26/2004 003152 HARPER & BURNS LLPN 02042004 Jan. legal services 10-160-250-000-000 1,610.00 Total : 1,610.00 53062 2/26/2004 010306 HAYER CONSULTANTS INC. 2118 Plan check srvs 10-172-250-000-000 2,612.30 Total : 2,612.30 53063 2/26/2004 003178 HENAGON LTD COLTON 34655 SAND/GRAVEL PURCHASES 16-900-226-000-000 7.00 Total : 7.00 53064 2/26/2004 010303 HICKOK, BRIAN 02172004 Refund lic.fee-Sophie altered 10-200-15 25.00 Total : 25.00 53065 2/26/2004 003200 HILKEY, HERMAN Feb. 2004 Feb. Council &Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 53066 2/26/2004 003171 HINDERLITER de LLAMAS & ASSOC. 0009159-IN 1 st Qtr Tax/audit services 10-140-250-000-000 150.00 32-370-255-000-000 150.00 10-300-02 2,737.96 Total : 3,037.96 Page: 8 vchlist �,c azher List - Page: 9 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 53067 2/26/2004 010194 HINKLEY& ASSOCIATES, INC. 9 ROLLINS PARK/TERRACE HILLS SCHOOL 32-600-207-000-000 101,388.99 Total : 101,388.99 53068 2/26/2004 003224 HYDRO-SCAPE PRODUCTS INC. 3215279-00 SPRINKLER MATERIALS 10-450-245-000-000 73.55 3219451-00 SPRINKLER MATERIALS 10-450-245-000-000 182.33 Total : 255.88 53069 2/26/2004 003540 INTERNATIONAL INSTITUTE 9471 Annual Fee Apr.2004-Mar.2005-Stanfill 10-125-265-000-000 100.00 Total : 100.00 53070 2/26/2004 003800 JAGUAR COMPUTER SYSTEMS INC 33098 Jan. Eden server pmt 10-140-701-000-000 291.32 33099 Feb. mail server pmt 10-380-701-000-000 406.10 Total : 697.42 53071 2/26/2004 003850 JANI-KING 01040113 CLEANING SERVICES 34-400-246-000-000 150.00 01041734 BUILDING CLEANING 10-440-244-000-000 50.00 02/03/2004 CREDIT 10-440-244-000-000 -160.00 02040093 BUILDING CLEANING 10-440-244-000-000 815.00 Total : 855.00 53072 2/26/2004 003867 K. D. SALES 122101 EOC repair parts 10-808-246-000-000 11.83 Total : 11.83 53073 2/26/2004 004316 LARKIN, DON Feb. 2004 Feb.Agency stipend 32-200-120-000-000 150.00 Page: 9 vchlist Voucher List Page: 10 0211912004 4:34:13PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 53073 2/26/2004 004316 LARKIN, DON (Continued) Total : 150.00 53074 2/26/2004 004370 LELAND NURSERY 210565 PLANTS &SUPPLIES FOR PARKS 459.55 10-450-245-000-000 Total : 459.55 53075 2/26/2004 004620 MCI TELECOMMUNICATIONS Jan. 2004 Jan. EOC phone charqes 32.70 10-808-235-000-000 Total : 32.70 53076 2/26/2004 004670 MIRACLE MILE CAR WASH 564321 CAR WASHES & OIL CHANGES 4.00 10-180-272-000-000 10-440-272-000-000 68.00 Total : 72.00 53077 2/26/2004 010301 MKHITARYAN, KARINE 02052004 Refund C of O & CUP fees 10-400-03 .00 10-420-12 200.00 Total : 233.00 53078 2/26/2004 010097 NEXTEL COMMUNICATIONS 410575025-01 N0EX8T0E240H000 000 ONE SERVICE 312.01 10-440-235-000-000 . Total : 36767.6060 53079 2/26/2004 010041 NOLTE ASSOCIATES INC. 4050322 MA573 NT YAR000-000OVEMENTS 5,844.00 4050369 PLAN CHECK SERVICES 34-500-723-000-000 675.00 Total : 6,519.00 53080 2/26/2004 010208 RATELLE, DAZE & ASSOCIATES Jan. 2004 Jan. a. Prof. 1 services 000 1,680.00 Total : 1,680.00 53081 2/26/2004 005673 RENTAL SERVICE CORPORATION 19207730-001 R0EN80A O 000-0 OMENT 45.26 Page: 10 vchlist V—;her List Page: 11 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53081 2/26/2004 005673 RENTAL SERVICE CORPORATION (Continued) Total : 45.26 53082 2/26/2004 010295 RESOURCES CONTROL BOARD, STATE 9190 WAST DISCHARGE FEES 10-631-255-000-000 4,444.00 Total : 4,444.00 53083 2/26/2004 006285 RIVERSIDE HIGHLAND WATER CO 02032004 Jan. Rollins Const. meter rental 10-450-245-000-000 12.40 2195 OAC Water service analysis 32-600-205-000-000 2,450.00 Total : 2,462.40 53084 2/26/2004 006341 ROSENOW SPEVACEK GROUP INC. Jan. 2004 TAX INCREMENT TRACKING 34-400-251-000-000 565.00 Total : 565.00 53085 2/26/2004 006453 S.B. COUNTY AUDITOR/CONTROLLER 996 BOOKING FEES 10-410-259-000-000 2,076.36 Total : 2,076.36 53086 2/26/2004 006505 S.B. COUNTY FIRE DEPARTMENT 2003-12 Dec. 2003 C. Care qas/diesel 10-440-272-000-000 62.47 Total : 62.47 53087 2/26/2004 006531 S.B. COUNTY SHERIFF 4503 2nd Qtr Gen. Srvs-cell phone 10-410-256-000-000 339.24 4503a SHERIFF OVERTIME- 10-410-250-000-000 5,295.96 4503b SHERIFFS CONTRACT 14-411-256-000-000 5,331.20 10-410-255-000-000 2,760.80 10-410-256-000-000 87,108.00 4503c GRANT FUNDED DEPUTY 14-411-256-000-000 11,667.00 Total : 112,502.20 53088 2/26/2004 006435 SAN BERNARDINO, CITY OF 35566 ANIMAL SHELTER SERVICES 10-190-256-000-000 242.50 Page: 11 vchlist Voucher List Page: 12 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53088 2/26/2004 006435 SAN BERNARDINO, CITY OF (Continued) 35595 ANIMAL SHELTER SERVICES 10-190-256-000-000 79.00 Total : 321.50 53089 2/26/2004 010308 SAN DIEGO ROTARY BROOM CO. INC 231281 2 sets Sweeper brooms 16-900-254-000-000 129.30 Total : 129.30 53090 2/26/2004 005529 SBC CALIFORNIA Jan/Feb. Jan/Feb phone & DSL service 10-440-235-000-000 51.95 10-380-235-000-000 179.84 Total : 231.79 53091 2/26/2004 010040 SCOTT, MARY J. 01272004 Reimburse conf. mileage-Scott 10-440-271-000-000 18.75 Total : 18.75 53092 2/26/2004 006730 SO.CA.GAS COMPANY Jan. 2004 Jan. Natural gas 10-190-238-000-000 602.44 10-440-238-000-000 123.71 10-805-238-000-000 64.91 Total : 791.06 53093 2/26/2004 010131 SOUTHWEST BOULDER & STONE 0079834-IN Stain defense 16-900-258-000-000 112.88 Total : 112.88 53094 2/26/2004 010275 SPENSER COMMUNICATIONS, INC. 23925 PHONE SYSTEM UPGRADE 10-190-706-000-000 6,868.00 10-190-706-000-000 461.19 Total : 7,329.19 53095 2/26/2004 006778 STAPLES CREDIT PLAN 23702 Camera supplies 10-180-210-000-000 75.38 4729525001 18"fan 10-440-245-000-000 96.96 Page: 12 1 vchlist %`__,,her List Page: 13 02119/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53095 2/26/2004 006778 STAPLES CREDIT PLAN (Continued) 914374260100 Printer Stand 10-180-210-000-000 82.74 Total : 255.08 53096 2/26/2004 006898 SYSCO FOOD SERVICES OF L.A. 4020409191 CHILD CARE FOOD 10-440-220-000-000 536.64 402052156 5 CHILD CARE FOOD 10-440-220-000-000 14.96 4021112059 CHILD CARE FOOD 10-440-220-000-000 562.84 Req Nbr: 10 RETURN CHICKEN BROTH 10-440-220-000-000 -29.87 Total : 1,084.57 53097 2/26/2004 006920 TAB PRODUCTS COMPANY 1448984 2bx. #1163-00 legal folders 10-125-210-000-000 1.01.14 Total : 101.14 53098 2/26/2004 006980 TEXACO/SHELL Jan. 2004 Jan. fuel-city vehicles 10-180-272-000-000 65.36 16-900-254-000-000 139.33 Total : 204.69 53099 2/26/2004 006983 THIERRY, CHRISTIE 02102004 Reimburse workshop mileaqe 10-140-271-000-000 54.00 Total : 54.00 53100 2/26/2004 007032 TRAFFIC CONTROL SERVICES INC. 533843 Blue street reflectors & adhesive 20-100-255-000-000 800.31 Total : 800.31 53101 2/26/2004 007539 VALLEY TIRE COMPANY 72537 Repair 3 flat tires-sweeper - 16-900-254-000-000 60.00 Total : 60.00 53102 2/26/2004 007854 WESTERN EXTERMINATORS CO 181119 PEST CONTROL Page: 13 vchlist Voucher List Page: 14 02/19/2004 4:34:13PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 53102 2/26/2004 007854 WESTERN EXTERMINATORS CO (Continued) 10-180-245-000-000 76.00 10-440-245-000-000 65.00 10-805-245-000-000 29.00 34-400-246-000-000 33.50 Total : 203.50 53103 2/26/2004 007984 YOSEMITE WATERS 01/30/2004 BOTTLED WATER SERVICE 10-805-238-000-000 29.75 10-190-238-000-000 154.61 10-440-238-000-000 68.55 Total : 252.91 #######I 2/12/2004 007400 U. S. BANK TRUST N.A. 02122004 FEB. LEASE PAYMENT 33-300-206-000-000 22,897.20 Total : 22,897.20 85 Vouchers for bank code : bofa Bank total : 549,650.72 85 Vouchers in this report Total vouchers : 549,650.72 I certify that, to the best of my knowledge, the afore—listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate expenditures for the operation of the City and Agency. Larry onnow, Vinance Director Page: 14 v.�,. rz F CITY OF GRAND TERRACES ` ELAL CITY COUNCIL MINUTES REGULAR MEETING - FEBRUARY 12, 2004 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 February (- 12, 2004, at 6:30 p.m. PRESENT: Lee Ann Garcia,Mayor Maryetta Ferr6,Mayor Pro Tem Don Larkin, Councilmember Bea Cortes, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Jerry Glander, Building & Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriff's Department John Harper, City Attorney ABSENT: Herman Hilkey, Councilmember The City Council meeting was opened with invocation by Mayor Pro Tem Maryetta Ferr6,followed by the Pledge of Allegiance led by Councilman Don Larkin. SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2004-13 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the following consent calendar items with removal of items 3D,3F,and 3G: 3A. Approval of Check Register Dated February 12, 2004 3B. Ratify 02-12-2004 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3E. Award of Construction Bid for Combined Roadway Project (E.G.N. Construction, Inc.) ITEMS REMOVED FROM CONSENT CALENDAR 3D. Approval of 01-22-2004 Minutes COCSN'OIL AGENDA ITEM NO*�11/ Council Minutes February 12,2004 Page 2 CC-2004-14 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER LARKIN,CARRIED 3-0-1-1 (COUNCILMEMBER HILKEY WAS ABSENT AND COUNCILMEMBER CORTES ABSTAINED),to approve the City Council Meeting minutes of January 22, 2004. 3F. Community Development Block Grant (CDBG) Program Year 2004-2005 Re- Allocation CC-2004-15 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve the use of$63,000.00 of un-programmed Community Development Block Grant (CDBG) Funds for environmental remediation programs for K & J Plating. 3G. Resolution Authorizing Nomination of a Project for Funding From the Safe Route to School Program Dick Rollins, 22797 Barton Road, indicated that he supports the resolution authorizing the nomination of the project to install a pedestrian sidewalk along the west side of Michigan Avenue between Commerce Way and Van Buren Avenue making a safer route for the Children walking home from Grand Terrace Elementary School. CC-2004-16 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to approve a Resolution of the City of Grand Terrace Authorizing Nomination of a Project for Funding from the Safe Route to School Program. PUBLIC COMMENT Jeffrey McConnell, 21758 Walnut, indicated that he is on the Board of Directors for the Grand Terrace Chamber of Commerce and writes the Blue Mountain Outlook. He reported that the Chamber will be holding their Luncheon on Tuesday and that Deena Bennett, who is the Assistant DA for Riverside and she also went through the Survivor the Amazon series, will be the guest speaker. The Chamber is looking for articles for the Blue Mountain Outlook from individuals and Organizations. They will be starting a sports page and anyone involved in the youth sports should contact the Chamber. The Chamber just formed a nominating committee and those interested in being on the Board of Directors should contact the Chamber office. Dick Rollins, 22797 Barton Road, reported that he suggested to the Crime Prevention Committee to place "Traffic Laws Strictly Enforced" at each end of the City in an effort to curtail the speeding down Barton Road. Council Minutes February 12,2004 Page 3 ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of 01-05-2004 CC-2004-17 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(COUNCILMEMBER HILKEY WAS ABSENT),to accept the January 5, 2004 Minutes of the Historical and Cultural Activities Committee. COUNCIL REPORTS Mayor Pro Tern Ferre,reported that she attended the February 2,2004 meeting of the Colton Joint Unified School District School Board where they invited the Measure B Oversight Committee members to attend. There were two presentations that was a facilities update. The first presentation was given by Bob Hensley from Wolfe,Lang and Christopher(WLC) Architects,where he talked about the modernization of six schools in the district using bond funds to do that. One of the schools was Terrace View, Grand Terrace Elementary has already been modernized so both of the Elementary Schools in Grand Terrace have been modernized. The second presentation was given by Mike Ladsley from Fields Deveroe Architects and Engineers and he gave an update on the third High School in the Colton School District, which will be in Grand Terrace. They have a time line that the property should be purchase in 2004, construction beginning in 2005, and hope to open in the fall of 2007. The ultimate capacity of the High School will be for 2,500. They will probably open with 1,500 to 2,000 students. There is 61 acres of usable space the main access of the High School will be Main Street also student parking will be off Main Street. Of course nothing is for sure until the property has been purchase, however, the design will be a couple of buildings that will be two stories which will be the academic classrooms. This is good news that there is talk,something is going on,and that there is a time line. She attended a meeting on February 4,2004 for the San Bernardino County-wide Gangs and Drug Task Force. One of the presentations was given by a woman by the name of Christine Edgecome,which is the CEO of the Family Service Agency,she talked about their after school program which is for High School students and Jr. High School Students from after school to 8:00 p.m. They currently have approximately 100 students that they are serving, four staff members at no cost to the students. Students can go to this program on a volunteer basis, they can be referred by their school, they can stay in the program as long as it is needed. This is one of the after school programs that is successful in San Bernardino. She attended the Inland Empire Economic Partnership meeting this morning. The goal of the IEEP is to promote business in the Inland Empire and to create jobs. One of the reports was given by the Chancellor of the San Bernardino Community College District,Donald Everelle,since Grand Council Minutes February 12,2004 Page 4 Terrace is right in the middle of RCC,SBVC,and Crafton Hills College,the first part of his report would be interesting to Grand Terrace. "The Community Colleges are a unique educational system developed by the United States to address the needs of students that were unprepared to enter the four year college and university system. The original title for this system was Junior College,which is not referred to as Junior College any longer. With the intent of preparing students to transfer to a four year system eventually these colleges took on a broader mission in addressing occupational preparation, basic skills attainment, community services and economic development services to business and industry. So much of our work force is coming from the community college. In the late 60's the system was changed to the community college to denote their purpose of meeting the education needs of the local community. An interesting statistic, California has the largest community college system with 72 districts, 108 colleges,and many educational centers. It is anticipated that the enrollment in the community colleges in California will reach over 2 million students in 2010." This was the report given by Don Everelle regarding the work force development in the community colleges, which was very interesting. Terri Ooms, the CEO of the IEEP has resigned and is moving to Pennsylvania with her family, so that position is now open. She has done a marvelous job of leading that organization and will be sorely missed. Councilmember Larkin,reported that Carl Wilson,a long time resident of Grand Terrace and a member of the Grand Terrace Lion's club, passed away last Tuesday, February 3`d and asked that the meeting be adjourned in his memory. Our thoughts and prayers go to his family. A couple of principles on how it works on electing representatives by the people,the whole idea is that Councilmembers are elected as representatives to address the interest of the community and not their own personal interest. They may have their pet projects but the whole idea is to look at what is best for the community. In most cases the decisions are reached by majority vote and that is usually the decision of the Council. All of the Councilmembers upon that vote really should support that decision. It is also very important that when there is discussions or decisions or anything like that, that they are made in a cooperative, open and honest manner. We have seen cases in the very recent past of other local governments that have been impacted about what happens when those principles are not followed. Luckily in Grand Terrace we have nothing that serious,we have not faced that situation that has been very grave. There has been some discussion and ideas about possibly looking at having a direct election of the Mayor and that is for the individuals to decide what is best for them. There is a growing concern, a concern that he really has. As most of you know, periodically the Council selects the Mayor, the Mayor Pro Tem, and City representatives to different agencies. Approximately a year ago,we went through the same process for selection of Mayor where Lee Ann Garcia was selected as Mayor and Maryetta Ferre as Mayor Pro Tem and then what was normal in Grand Terrace, different individuals were selected as representatives to different agencies. Soon after that he noticed that the communication wasn't good and some of the Councilmembers were left out ofthe loop about some things. It became apparent that our Mayor was interested in many of the different positions but was not selected because they were given to other people. First situation was Council Minutes February 12,2004 Page 5 with the League of California Cities,which he was the representative to, in the League any Councilmember that is involved can be involved which is fine, he was told that his responsibilities as a representative was to basically convey the wishes of the Council and to take notes. However,recently it has come up that they appoint representatives to SANBAG, which handles the transportation and highway funds, Councilmember Cortes was selected as the primary representative and Councilmember Hilkey was selected as the alternate. That group selects representatives to SCAG which handles transportation for all of the Southern California. This usually comes from representatives that are members of that body. When the Mayor was the alternate representative for Grand Terrace she was selected from SANBAG to be the representative on SCAG. Recently it has come to his attention that because of the fact her term was ending she was asking for a change in the administrative rules so that she could stay on as the representative to SCAG. The whole idea is that the representation of the City are selected by the majority of the vote of the Council and those are the ones who are representing the City . If we are going to do things to serve with the intent and the wishes are of the Council, he doesn't feel that what she did was correct. He feels that putting your personal interest in front of the community is wrong. He would like to see,since there is some concern about what the representation to the different agencies are, he would ask that the next agenda have the selection of the Mayor,Mayor Pro Tem, and all of the City representatives on it. Mayor Garcia, questioned if it would need to be a majority of the Council to direct that. City Manager Schwab, responded that we would have to agendize that. Councilmember Larkin,indicated that he would like it to be place on the agenda for the next meeting. City Attorney Harper, indicated that historically any Councilmember can place any agenda item that he or she wishes. Councilmember Cortes,reported that she attended a meeting on January 28`h to bring them up-to-date on the work in progress for the Measure I renewal expenditure plan. SANBAG staff informed them that they have been very busy working on a list of projects and a distribution of funds to propose for the renewal of Measure I. Although it has not been finalized, SANBAG will likely ask voters to renew Measure I this November. The list of projects and how the funds will be distributed will be a major selling point for the voters. However, environmental work and preliminary engineer have started on the widening of Interstate 215 through Colton, Grand Terrace and Riverside. This will take about 5 to 8 years. SANBAG had hoped to secure funding for the construction of the new lanes with our existing Measure I, however,with the way the State Budget is it is impossible. If Measure I is renewed,widening of the freeway will be one of the highest priorities which Colton and Grand Terrace is looking forward to. Without the renewal of Measure I it is likely that this Council Minutes February 12,2004 Page 6 freeway will never be widened, at least in our lifetime. SANBAG expects to give a list of projects that they are finalizing by this spring and they will be bringing it to the City. She also attended a SANBAG Board Meeting, the executive Director Norm King, reported on the State funding problems. He mentioned that although SANBAG and the area cities may not be feeling the full effect of the State Transportation crisis,it is only a matter of time. He mentioned that a number of factors have combined a bleak funding picture which will result in no new state funding for transportation for the next three years. Some of these factors included lower than expected State and Federal gas tax receipt, a reduction in truck weight fees, a loss of revenue that is mixed from ethanol. SANBAG is analyzing its cash flow and may need to rely on greater contributions of Measure I dollars towards planned projects again. The uncertainty of the State and Federal funds makes Measure I more critical than ever. Mayor Garcia,reported that she attended the City Selection Committee and carried forth the wishes of the Council and voted for Councilmember Dennis Yates and he was declared the successful candidate for the AQMD vote. She said the La Pasta offers not only items that you can cook but items that you can microwave. She addressed the concerns of Councilmember Larkin and requested that they be in the minutes. The way it works at our Council, and she has been on the Council since 1996, and as far as longevity it is Councilmember Hilkey, Mayor Garcia then Councilmember Larkin, Mayor Pro Tem.Ferre and then Councilmember Cortes. We make the selections that represent, however, as Councilmember Larkin mentioned relating to League intergovernmental relations are changing today. The League use to be that there was one representative and that person was the person that went and did League activities. The reason it has evolved is that there are many critical issues that are happening now and the League Board has recognized that it is important that every elected official be involved in what is going on. She apologized if Councilmember Larkin believes that this is in some way directed at our Council, but it is something between the 458 cities as far as every elected official needs to be involved because there is going to be an initiative that going to be coming up that will be important to all of our communities. So that was a decision that was made by the Division. In relation to the SANBAG and SCAG process, what we do here, since 1996, our Council tends to have a rotational direction in how they represent. When she got on council in 1996 Councilmember Jim Singley was the representative for SANBAG for two years and after him it was Dan Buchanan for two years and then after him it was Herman Hilkey for two years and now it is Councilmember Bea Cortes. We have a historical perspective that about every two years we change the primary representative to SANBAG. On the alternate she remained as the alternate from 1996 up to 2003. During that time, she represented five cities, so she understands that Council has selected who they want as the SANBAG representative, however, her selection to SCAG is from five cities. If it was a selection of the City she would not have taken it to the Admin Board,but she represents the City of Redlands, City of Yucaipa, City of Colton, City of Loma Linda as well as herself. The fact of the matter is that right now She sits on one of the most important Committees at SCAG. It is the Council Minutes February 12,2004 Page 7 Transportation and Communication Committee which oversees the adoption ofthe Regional Transportation Plan,which will determine how much money our region gets. Having been to that point it was important to her because she holds representation very important that she let her cities know that she would like to continue to represent them. The request that she took to admin, for the record, since she has been on Council since 1996 it was never a question of asking the Council to run for the SCAG seat,if the Council is going to censor or try to restrict what Councilmembers can do,but in the history of the Council that has never been the case. She has never asked the Council to run for the SCAG seat as a matter of fact she succeeded Mayor Deidre Bennett of Colton. She went in for two year on the Community Econommic and Human Housing Development Committee before she was actually selected when she was no longer going to be there. She spent two years as a policy representative and then ran for the seat in 1998. She feels that she has been a very active member at SCAG and worked to the point to where she is in that position. It also was important for our entire County. She feels that the positions that she has held has given her a regional perspective on the way things are. Grand Terrace is a small City it is absolutely essential that we work with our neighbors. We are not an island unto ourselves. She has always tried to work for the entire County in addition to the five cities that she represents, therefore she was able to be on a committee that allowed the high dessert to get a second representative. There are also two major issues that are coming down the pike relating to aviation and MAGLEV that will significantly impact the future of our region. So it has to do with these issues that she went to the SANBAG Admin Committee and asked for a waiver to allow her to be a candidate to the SCAG seat and it was a unanimous recommendation of the Admin Committee that will go before the Board. She agrees with Councilmember Larkin that they need to have this open dialog. The Council has a strategic planning session scheduled for March 6 and respectfully requested that we hold over the request of Councilmember Larkin until they have that discussion. Councilmember Larkin, indicated that he has made his request. Mayor Garcia, questioned what if there is a request and a counter request. City Attorney Harper, responded that the rule is to the extent that the Council really has a rule to, that they will allow Councilmembers to put on the available agenda whatever item they want. If Councilmember Larkin would like to move it from the next meeting to the first meeting in March he is certainly allowed to do that, however, it is his call. Councilmember Larkin, stated that if it is the majority opinion of the Council that you serve as a representative of SANBAG then that would make it even more logical that you are the representative to SCAG so this is not a situation of looking at just the Mayor position, he would like all of the appointments to be considered. Mayor Garcia,questioned if Councilmember Larkin understood the difference between the l Council Minutes February 12,2004 Page 8 SCAG election and the SANBAG. Councilmember Larkin, responded in the affirmative. Mayor Garcia, indicated that she would like the residents to be made aware of the significance of the next Council Meeting of February 26, 2004. She wished everyone a Happy Valentines Day. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 4.72 of the Grand Terrace Municipal Code and Establishing Sewer User Charges City Manager Schwab gave the history of this item. He indicated that staff is recommending that the Council conduct a Public Hearing and adopt a new sewer rate structure effective 4/01/04 as set forth in the Ordinance. He stated that there are representatives from the City of Colton to answer any questions. Mayor Garcia opened the discussion to the public. Fred Cordova,City of Colton,indicated that he has been on the Utilities Commission for the City of Colton since the early 80's. The rates for the City of Colton have been raised five times since he has been on the Commission. Every time they increase the sewer rate Grand Terrace gets a slight increase as well. The residents of Colton always complain that the City of Grand Terrace pays less for sewer than the residents of Colton. He feels that it is waypast due that the City of Grand Terrace catches up with the City of Colton rates. Betty Guzman, 23202 Glendora Drive, expressed her doubts regarding the honesty and the motives of the City Council and City Administrators. She stated that the sewer rates were raised six months ago and now the City is proposing to raise the rates again and consistently over the next few years. She feels that this is not acceptable for the residents of Grand Terrace. She indicated that the audit that was done has not been made public to the residents of the City of Grand Terrace to review. She wants to know who establishes the sewer rates and who is responsible for the audit. She questioned what the Grand Terrace sewer hikes have to do with Measure W that is being proposed in Colton right now. She questioned where the money goes when the City pays the sewer rates. She also questioned if the money collected goes into Colton's General Fund. She stated that she was informed that Measure W, if approved would allow the rates paid by Grand Terrace residents to go into Colton's General Fund, which is what concerns her, that would be a hidden tax, which would be illegal. She questioned what was the reason for the sewer rate increase. She stated that she spoke to someone in the Colton Sewer Department and that they stated that the reason for V Council Minutes February 12,2004 Page 9 the sewer rate increase was not due to facility updates. She stated that the City of Colton took out a bond to improve the facilities and that there was a sewer rate increase in Colton to cover that bond and feels that it is totally separate from Grand Terrace. She stated that unfortunately the City of Colton has had a lot of problems with the Council and misappropriation,of funds, which has affected their City and feels that this is why we have all of these rate increases,which is affecting Grand Terrace. She feels that the City of Grand Terrace should keep the residents informed on all important issues by utilizing The Blue Mountain Outlook and the Community Access Channel. Al Holliman,Assistant City Manager,City of Colton,responded that the proposed Measure W has nothing to do with the City of Grand Terrace. All payments received from the City of Grand Terrace goes into the Wastewater Enterprise Fund. He indicated that the only money that goes into the General Fund is the Utility User Tax monies, which is only from the residents in the City of Colton and has nothing to do with the City of Grand Terrace or its residents. He also indicated that all payments from the residents for sewer also goes into the Wastewater Enterprise Fund, not the General Fund. He stated that Grand Terrace and Colton shares the system and that Grand Terrace only pays for their share. Mayor Deidre Bennett, City of Colton, stated that there was a policy decision made that segregated the sewer rate funds into separate funds and bank accounts so the money is kept separate from the general fund which allows them to track exactly what comes in and where it is going. The policy segregates Grand Terrace Funds from Colton's Funds and they are not commingled. The utility users tax is only to Colton's residents and only on the utilities which is a separate issue from the utilities themselves. Ci . Manager Schwab, stated that the increase is for capital to increase the reliable capacity and also to pay debt service on past capital improvements. Eva Elias, Sr. Utilities Financial Analyst, City of Colton, indicated that she spoke to Mrs. Guzman regarding the sewer rates in Grand Terrace and clarified their conversation by stating that she told Mrs. Guzman she would need to speak to the City of Grand Terrace on the rate increase, not the City of Colton, due to all of the factors involved. Mayor Garcia returned discussion to the Council Councilmember Larkin, expressed his appreciation for the time that the Colton City Staff took to meet with the City Manager and himself. He clarified that the document is not an audit this was a revenue program review so that they could make an allocation between the City of Grand Terrace and the City of Colton so he doesn't want there to be a misconception. He wanted to be sure that Grand Terrace is paying for their fair share and the best that he can determine with this adjustment we will be. There have been problems with mismanagement of the wastewater facility in Colton and because of that Grand Terrace and Colton residents Council Minutes February 12,2004 Page 10 are probably going to end up paying more because of it. The agreement between the City of Colton and the City of Grand Terrace and if we are going to pay for what is done to that facility, it would be nice to have a little bit more active involvement as far as what is being done. He indicated that he wasn't excited about the increase,however,we really don't have a choice and it appears to be a fair allocation of what the costs are. CC-2004-18 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(COUNCILMEMBERHILKEY WAS ABSENT),to Approve the first reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 4.72 of the Grand Terrace Municipal Code and Establishing Sewer User Charges. UNFINISHED BUSINESS -None NEW BUSINESS 8A. Mid-Year Budget Adjustments - FY 03-04 CC-2004-19 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to Approve the Revenue and Appropriation Adjustments to the FY 03-04 City Budget as follows: FY 03-04 Revenue Adjustments 10-300-05,Vehicle License Fees (VLF) - ($215,912) 47-100-xx,Barton Bridge Reimbursements - ($1,404,355) 10-300-08, Community Development Block Grant (CDBG) - $72,000 10-500-07, Parking Cites - Street Sweep Days - $8,000 FY 03-04 Appropriation Adjustments: 10-190-xxx, City Telephone System - $7,357 10-180-xxx, Animal Control Program - $13,000 10-450-710,Mt. Vernon Beautification - $10,000 10-805-701, Grand Terrace Road Project - CDBG Funded - $72,000 47-100-250, Barton Bridge Expenditures - ($1,433,224) 8B. Authorize Staff to Execute an Agreement with Probolsky Research to Conduct a Community Services Satisfaction Survey It was consensus of the Council that this is a good idea, however, they would like to table this item until after Strategic Planning and Goal Setting Session. Council Minutes February 12,2004 Page 11 8C. Creation of a City Community Soccer League Ad Hoc Committee CC-2004-20 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER HILKEY WAS ABSENT), to appoint a City-Community Soccer League Ad Hoc Committee to assist Staff in Meeting with the Grand Terrace community Soccer League Board to negotiate a Facility and Field Use Agreement, to then be returned to the full City Council for adoption and to appoint Councilmember Hilkey and Mayor Garcia to the Ad Hoc Committee. 8D. Upgrade Pico Park Baseball Field CC-2004-21 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0-1-0(COUNCILMEMBERHILKEY WAS ABSENT),to appropriate $5,000 from the Unappropriated Fund Balance in the General Fund to Provide for the upgrades needed at Pico Park Field#1. CLOSED SESSION 9A. Potential Litigation - Gerhard 'Mayor Garcia announced that the Council met in Closed Session to discuss Potential Litigation - Gerhard and that there was no reportable action taken. ORDER OF ADJOURNMENT Mayor Garcia adjourned the City Council Meeting at 8:20 p.m.in memory of Carl Wilson,until the next CRA/City Council Meeting which is scheduled to be held on Thursday, February 26, 2004 at 6:30 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace c�TY RAND TERR C Community Services Department Staff Report MEETING DATE: FEBRUARY 26, 2004 SUBJECT: REQUEST FOR TRAVEL COMMUNITY SERVICES IS REQUESTING TRAVEL AUTHORITY FOR STEVE BERRY TO ATTEND A MANAGEMENT TRAININTG PROGRAM INT SAN LUIS OBISPO, CA FROM APRIL 30`b to MAY 2, 2004. (X) FUNDING REQUIRED BACKGROUND: Municipal Management Association of Southern California (MMASC) is holding an advanced training course for Assistant City Managers on April 30''to May 2, 2004 in San Luis Obispo. The cost of the event including hotel, registration, and training is $395. This is a subsidized training program. REQUEST: Staff is requesting authorization for Steve Berry to attend the training session in San Luis Obispo, CA. Funding for the expense will come from the Training Budget. STAFF RECOMMENDS: COUNCIL AUTHORIZATION FOR STEVE BERRY TO ATTEND THE MMASC TRAINING SESSION IN FROM April 30n1 to May 2"d 2004. TOTAL EXPECTED COSTS TO BE$500. c1Tr . RNHD TERR E Community Services Department Staff Report MEETING DATE: February 26, 2004 SUBJECT: CONTRACT WITH THE SAN BERNARDINO COUNTY DEPT OF REAL ESTATE SERVICES FOR THE GRAND TERRACE LIBRARY BRANCH NO FUNDING AUTHORIZATION REQUIRED: BACKGROUND: Staff has been negotiating with the San Bernardino County Department of Real Estate Services on the new lease for the Grand Terrace Library Branch. Our library branch is the most visited public building in the city. According to the Branch Balance Sheet for fiscal year 2002-03 (see attached) the total expenses for the library was $229,250 and the total revenue was$111,648. The current lease, which expired in March 2001, required a payment of$600 per month plus 20% of the Civic Center's combined utilities bills not to exceed$1,000 per month total. In reviewing the payments, the city has not billed the county for the utilities portion since FY 2000. This has caused an underpayment of approximately$14,400($400 per month x 36 months)to the city. In working with Rick Erickson, Assistant County Librarian, the County was not able to make up the difference in one lump sum. The County did agree to pay for the exterior library door repairs ($4,300) that would not have been covered under their current contract. This left a balance of$10,100. Staff has negotiated a payment plan that would increase the monthly rate to a flat $1,220 including all utilities and the back payment spread out over the contract period. There is an annual 3% escalator clause in the contract to cover future inflationary increases. Monthly Lease Breakdown: $600 Base Rate 1 $543 Utilities (based upon a 3 year average from 2000-03 and 20% of the building footage) $77 Re-payment plan ($10,100/ 132 months) $1,220 per month Contract Highlights: Five(5)years with three(3)two-year options All utilities and general maintenance_paid for by the city Janitorial and telephone services are paid by the library 3% inflationary escalator through 2008 Negotiations on a case-by-case basis on any capital improvements or major maintenance RECOMMENDATION Staff recommends approval of the new contract pending review by the.City Attorney. C0UNI1-IL A 0 E N®A ITE M N0. 3rand Terrace Branch Expenses for Fiscal Year 2002 - 2003 Direct Expenses for Indirect Expenses ;oniract Custodial $3,000.00 Support Services include management,delivery,collection 7riends Videos $10,724.69 development,automation and other services and equipment. ;eneral Household Expensc $466.19 The branch percentage is based on its annual circulation: .0256 ,ibrary.Materials $20,586.29 800 Megahertz Radio Charges $96.93 7ainienance-Building $1,177.89 Advertising $383.43 femberships $155.00 Air Travel S51 49 Wce Expense $7,405.20 Computer Service $2,676.40 hher Professional Services $333.23 Computer Software $859.90 Tinting Services $12.65 Contract Custodial $710.07 'egisiration $465.00 County Services $4,386.20 - ents $7,200.00 Data Base Subscriptions $4,222.35 ents&Leases $300.00 Data Tele Services $845.04 raffPayroll $89,149.56 Departmental Service $57.95 'elephone Bills $4,774.03 Employee Health Services $1,017 80 Total $145,749.63 Equipment Maintenance $913.45 Garage $430.17 General Household $199.78 General Household Expense $10.57 ISD Long Distance Charges $351.63 ,evenueS ISD Phone Dial Tone $589.06 ines and Fees: 517,046.03 Library Materials- $4,903.06 ,are Aid: $10,890.00 Maintenance-Building $1,018.87 ,oper;vTax. 567,337.83 Maintenance- Grounds $9 10 OBG: 55,650.00 Memberships S269 47 -iends Videos. 510,724.69 Microfilming $7 03 rher' $0.00 A'on-Inventoriable Equipment $997.35 Office Expense $3,095.30 otal Revenue: $111,648.55 Other Insurance Liability $1,230.08 Other Professional Services $566.89 7tal Direct Expenses: $145,749.63 Other Travel/ $308.07 Postage $888.71 'direct Expenses: Printing Services $352.00 Imin Costs: $12,378.22 Private Mileage $305.11 Professional Services $1,980.02 ipport services: $71,122.53 Property Insurance $322.56 Refund Lost Books Returned $12.90 nal Expenses: $229,250.38 Registration $231.76 Rents&Leases $15.97 Staff PayrDll $32,581.70 Subscriptions $11.51 Surety Bonds $6.14 System Developments Charges $10.70 Telephone Bills $623.19 Utilities $1,446.71 Vehicle Charges $1,925.89 Vehicle Liability $35.48 VM/AA Auto Aitend/Voice Mail $103.32 Wireless Phones $61.41 Total $71,122.53 Administrative costs include the Library•Director and Assistant,budget, personnel,and paryoll functions. The branch percentage is based as the number of FTE personnel at the branch: 0.0217 Admin Payroll $12,378.22 FOR COUNTY USE ONLY •� X New Vendor Code SC Dept. Contract Number *IX Change • Cancel County Department Dept. Orgn. Contractor's License No. Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H Slaughter, Director 387-7813 Contract Type F A S ❑ Revenue ❑ Encumbered ❑ Unencumbered ❑ Other If not encumbered or revenue contract type,provide reason: CONTRACT TRANSMITTAL Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr Obj/Rev Source GRC/PROJ/JOB No. Amount AAA RNT RNT 200 2905 60N31937 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year GRAND TERRACE- Library FY Amount I/D FY Amount I/D 22795 Barton Road Contract type 2(d) CONTRACTOR City of Grand Terrace Federal ID No. or Social Security No. Cu.—ictor's Representative Steve Berry Address 22795 Barton Road, Grand Terrace, CA 92313-5295 Phone (909) 430-2226 (909) 783-7629 (fax) Nature of Contract: This Lease Contract is for a period of five (5) years with three (3) two-year options to extend with Leased premises consisting of 3,500 gross square feet. Monthly rent is $1,220.00. LANDLORD shall provide all exterior maintenance to include grounds, parking lot maintenance and exterior lighting. LANDLORD to pay all utilities including electrical, gas, water, sewer, trash, and fire alarm service. COUNTY to provide for janitorial services and its own telephone service. (Attach this transmittal to all contracts not pre ared on the "Standard Contract"form. Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature )� SEE SIGNATURE PAGE 10- County Counsel Department Head Date Date Date Auditor/Controller-Recorder Use Only ©Contract Database 0 FAS Input Date Keyed% 0 COUNTY OF SAN BERNARDINO LEASE AGREEMENT LANDLORD: CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, CA 92313-5295 COUNTY: COUNTY OF SAN BERNARDINO Internal Services Group Real Estate Services Department 825 East Third Street San Bernardino, CA 92415-0832 PREMISES: 22795 Barton Road Grand Terrace, CA TERM OF LEASE: Five (5) years with three (3)two-year options COMMENCEMENT DATE OF LEASE: March 1, 2004 COST PER SQUARE FOOT: $.35 modified gross COUNTY CONTRACT NUMBER: REV: 04/03/02 (110568.10) TYPED: 02/04/04 TABLE OF CONTENTS PARAGRAPH CAPTION PAGE I PARTIES 1 2 PREMISES LEASED 1 3 TERM 1 4 RENT 1 5 OPTION TO EXTEND TERM 1 6 RETURN OF PREMISES 1 7 HOLDING OVER 1 8 TAXES 1 9 USE 1 10 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 1 11 SIGNS 2 12 MAINTENANCE 2 13 ALTERATIONS 3 14 FIXTURES 3 15 UTILITIES 3 16 HOLD HARMLESS 3 17 INSURANCE 4 18 DESTRUCTION OF PREMISES 6 19 LANDLORD'S DEFAULT 7 20 COUNTY'S REMEDIES ON LANDLORD'S DEFAULT 7 21 COUNTY'S DEFAULT 7 22 LANDLORD'S REMEDIES ON COUNTY'S DEFAULT 7 23 LANDLORD'S ACCESS TO PREMISES 8 24 NOTICES 9 25 INCORPORATION OF PRIOR AGREEMENT 9 26 WAIVERS 10 27 AMENDMENTS 10 28 SUCCESSORS 10 29 SEVERABILITY 10 30 TIME OF ESSENCE 10- 31 QUIET ENJOYMENT 10 32 PROVISIONS ARE COVENANTS & CONDITIONS 10 33 CONSENT 10 34 EXHIBITS 10 35 LAW 10 36 VENUE 10 37 ATTORNEYS' FEES AND COSTS 11 38 JURY TRIAL WAIVER 11 39 COUNTY'S RIGHT TO TERMINATE LEASE 11 40 CAPTIONS, TABLE OF CONTENTS & COVER PAGE 11 41 SURVIVAL 11 42 FORMER COUNTY OFFICIALS 11 43 BROKER'S COMMISSIONS 12 44 HAZARDOUS SUBSTANCES 12 Table of Contents Page-2- 45 PUBLIC RECORDS DISCLOSURE 13 46 CONDITION OF PREMISES 13 47 CONDEMNATION 1J 48 INTERPRETATIONS 14 49 AUTHORIZED SIGNATORS 15 Exhibit "A", Premises Specifications Exhibit "B", List of Former County Officials 2 LEASE AGREEMENT 1 pAR� This lease ("Lease") is made between the City of Grand Terrace ("LANDLORD"), and the County of San Bernardino ("COUNTY"), who agree as follows: 2. PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY leases from LANDLORD 3,500 square feet of building, -real property, and other improvements located at 22795 Barton Road, Grand Terrace, California ("Premises"), as described in Exhibit "A", Premises Specifications. 3. TERM: The Lease's initial term ("Initial Term") shall commence on March 1, 2004 ("Commencement Date") and end on February 28, 2009 ("Ending Date"). 4. RENT: a. COUNTY shall pay to LANDLORD monthly rental payments in arrears on the last day of each month, commencing when the term commences and continuing during the term: March 1, 2004 thru February 28, 2005 —monthly payments of$1,220.00 March 1, 2005 thru February 28, 2006—monthly payments of$1,257.00 March 1, 2006 thru February 28, 2007—monthly payments of$1,295.00 March 1, 2007 thru February 29, 2008—monthly payments of$1,334.00 March 1, 2008 thru February 28, 2009—monthly payments of$1,374.00 b. Rent for any partial month shall be prorated based on the actual number of days of the month. All rent shall be paid to LANDLORD at the address to which notices to LANDLORD are given- C. If the COUNTY has accepted the Premises as Substantially Completed with minor corrections and/or additions remaining to be completed, only eighty percent (80%) of the monthly rental will be paid to LANDLORD, and the remaining twenty percent (20%) of the monthly rental will accrue from the Commencement Date of this Lease but will not be paid to LANDLORD until all such minor corrections and/or additions have been completed and accepted by COUNTY.. If the COUNTY withholds monthly rental payments under this subparagraph, the COUNTY will not be in default and no interest or service charges will be added to the amounts due LANDLORD upon completion of the minor corrections and/or additions. The minor corrections and/or additions remaining to be completed are subject to subparagraph 13b, MAINTENANCE. 5. OPTION TO EXTEND TERM: LANDLORD gives COUNTY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent, for three (3) two-year periods ("extended terms") following expiration of the initial term, by COUNTY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 7, HOLDING OVER. The rent for each extended term shall be adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased property in San Bernardino County. 1 6. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination of this Lease, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted. 7. HOLDING OVER: In the event the COUNTY shall hold over and continue to occupy the Premises with the consent of the LANDLORD, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions, including rent, as existed and prevailed at the time of the expiration of the term of this Lease. 8. TAXES: LANDLORD shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 9. USE: COUNTY shall occupy and use the Premises during the term hereof for the purposes of COUNTY business. 10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: As a condition precedent to the existence of this Lease, COUNTY, at its sole expense will ensure the Premises used by COUNTY meet the applicable requirements of the Health, Safety, Fire and Building Codes for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Additionally, to the best of LANDLORD's knowledge, LANDLORD's improvements on or in the Premises which have been constructed or installed by LANDLORD or with LANDLORD's consent or at LANDLORD's direction shall comply with all applicable covenants or restrictions ' of record and applicable building codes, regulations and ordinances in effect on the Commencement Date. LANDLORD also warrants to COUNTY that LANDLORD has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable building codes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. 11. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. 12. MAINTENANCE: a. Except as specifically provided in subparagraph 12c, below, LANDLORD at its cost shall perform such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition: (1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; and, (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by LANDLORD lying outside the Premises; and, 2 (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and, (4) Heating, ventilation and air conditioning (HVAC) systems servicing the Premises (additionally, air-conditioning and heating filters are to be changed quarterly); and, (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora; and, (6) The fire suppression equipment attached to the Premises (except the servicing of fire extinguishers); and, b. Without in any way affecting LANDLORD's duty to inspect, maintain and repair the Premises and regardless of whether any specific notice of need for maintenance or repair is provided to LANDLORD by the COUNTY, the COUNTY may request specific maintenance or repairs specified in Paragraph 12.a. Any such request may be made orally, by telephone or otherwise. If, (a) COUNTY gives notice to LANDLORD of a condition requiring maintenance or repairs, and LANDLORD does not commence the performance of its maintenance or repair obligations within thirty (30) days of receiving such notice, or does not diligently prosecute its obligations to completion thereafter, or (b) in the case of an emergency, whether or not COUNTY has given notice to LANDLORD, LANDLORD does not immediately perform its obligations, COUNTY can perform the obligations and have the right to be reimbursed for the sum COUNTY actually and reasonably expends (including charges for COUNTY employees and equipment) in the performance of LANDLORD's obligations. The sum expended by COUNTY shall be due from LANDLORD to COUNTY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by LANDLORD. If LANDLORD fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from fixture rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. COUNTY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. C. COUNTY, at its cost, shall service the fire extinguishers, provide janitorial services, and keep the interior of the Premises in a clean and orderly condition, reasonable wear and tear excluded. d. In the event LANDLORD determines a need for major maintenance or capital improvements to the Premises, COUNTY's contribution, if any, is to be negotiated on a case-by- case basis. 13. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without LANDLORD's consent. Any such alterations shall remain on and be surrendered with the Premises on expiration or termination of the Lease. 3 14. FIXTURES: COUNTY shall have the right during the term(s) of this Lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the term(s) of this Lease or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this Lease, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the LANDLORD, in which case COUNTY shall have no duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective. 15. UTILITIES: LANDLORD shall furnish to the Premises and pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities for the Premises and the building housing the Premises. COUNTY shall furnish and pay for its vending machines and its own telephone service including pay telephones. 16. HOLD HARMLESS: a. The LANDLORD agrees to indemnify and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of LANDLORD's obligations under this Lease. The LANDLORD's indemnification obligation shall survive the COUNTY's tenancy. The insurance provisions in Paragraph 17, INSURANCE, shall not be interpreted in a manner that limits the indemnification obligation. b. The COUNTY agrees to indemnify and hold harmless the LANDLORD and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of COUNTY's obligations under this Lease. The COUNTY's indemnification obligation shall survive the COUNTY's tenancy. The insurance provisions in Paragraph 17, INSURANCE, shall not be interpreted in a manner that limits the indemnification obligation. C. In the event the COUNTY and/or the LANDLORD is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Lease, the COUNTY and/or LANDLORD shall indemnify the other to the extent of its comparative fault. d: Furthermore, if the COUNTY or LANDLORD attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the COUNTY and LANDLORD agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 17. INSURANCE: a. COUNTY is a public entity and is self-insured. 4 b. Without in any way affecting the indemnity herein provided and in addition thereto, the LANDLORD shall secure and maintain throughout the Lease the following types of insurance with limits as shown. LANDLORD may meet its insurance requirements through a State approved self-insurance program: (1) Workers' Compensation: A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of the LANDLORD and all risks to such persons under this agreement. (2) Comprehensive General and Automobile Liability Insurance: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than One Million and 00/100 Dollars ($1,000,000.00). (3) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least sixty percent (60%) of the full replacement value of the Premises. C. Additional Named Insured: All policies, except for Workers' Compensation, shall contain additional endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of this agreement. d. Waiver of Subrogation Rights: LANDLORD shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. e. Policies Primary and Non-Contributory: All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. f. Proof of Coverage: LANDLORD shall immediately furnish certificates of insurance to COUNTY, evidencing the insurance coverage, including endorsements, above required prior to occupying the Premises and the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the COUNTY, and LANDLORD shall maintain such insurance from the time of occupancy and commencement of performance of services hereunder until the completion of such occupancy. Within sixty (60) days of the commencement of this agreement,the LANDLORD shall furnish certified copies of the policies and all endorsements. g. Insurance Review: The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that 5 heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. LANDLORD agrees to execute any such amendment within thirty (30) days of receipt. h. Failure to Have Insurance: In the event COUNTY receives a notice of cancellation concerning any of the required policies, or should LANDLORD fail to have in effect the required coverage at any time during this Lease, COUNTY may give notice to LANDLORD to immediately suspend all LANDLORD activities on the Premises and/or notice to reinstate or acquire the affected coverage. Should LANDLORD fail to reinstate or acquire the affected coverage within ten (10) days of COUNTY's notice to reinstate or acquire such coverage, COUNTY, in its sole discretion, may either; (a) terminate this Lease immediately upon written notice to LANDLORD, or, (b) reinstate or acquire the affected coverage, in which case LANDLORD shall reimburse COUNTY for the sum paid to reinstate or acquire the coverage. The sum paid by COUNTY shall be due from LANDLORD to COUNTY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by LANDLORD. If LANDLORD fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this 'Lease. COUNTY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. i. COUNTY shall have no liability for any premiums charged for such coverage(s). The inclusion of COUNTY as additional named insured is not intended to and shall not make it a partner or joint venturer with LANDLORD. 18. DESTRUCTION OF PREMISES: a. During the teen of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then LANDLORD shall, at LANDLORD's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. However, in the event LANDLORD determines it is not reasonably possible to rebuild the Premises, the LANDLORD may make the decision to not rebuild the Premises and the lease will terminate. b. In the event there is a destruction of a portion of the Premises as set out in subparagraph a above, there shall be an abatement or reduction of the rent between the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent shall be in proportion to the degree to which COUNTY's use of the Premises is impaired. 6 C. In the event there is a destruction of a portion of the Premises as set out in subparagraph a, above, and the Lease is not terminated because of such destruction, LANDLORD agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises. d. In the event LANDLORD is required to restore the Premises as provided in this paragraph, LANDLORD shall restore, at LANDLORD's expense, any structural or exterior improvements or alterations to the Premises made by COUNTY pursuant to Paragraph 13, ALTERATIONS, of this Lease, but shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY pursuant to Paragraph 14, FIXTURES, of this Lease. e. It is the purpose and intent of this paragraph to determine who shall bear the initial responsibility for restoration of the Premises in the event of any such destruction and not to determine the party ultimately responsible for the costs of such restoration. 19. LANDLORD'S DEFAULT: Except where another time limit is specifically provided, LANDLORD shall be in default of this Lease if LANDLORD fails or refuses to perform any material provisions of this Lease and such failure or refusal to perform is not cured within thirty (30) days following LANDLORD's receipt of written notice of default from COUNTY. If the default cannot reasonably be cured within thirty (30) days, LANDLORD shall not be in default of this Lease if LANDLORD commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. 20. COUNTY'S REMEDIES ON LANDLORD'S DEFAULT: COUNTY, at anytime after LANDLORD is in default, can terminate this Lease immediately upon written notice to LANDLORD or can cure the default at LANDLORD's cost. If COUNTY at any time, by reason of LANDLORD's default, pays any sum or does any act that requires the payment of any sum (including charges for COUNTY's employees and equipment), the sum paid by COUNTY shall be due from LANDLORD to COUNTY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by LANDLORD. If LANDLORD fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. 21. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by COUNTY: a. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by COUNTY. b. The failure by COUNTY to perform any material provisions of this Lease to be performed by COUNTY, including the payment of rent, where such failure shall continue for a 7 period of thirty (30) days after notice by LANDLORD to COUNTY, provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 22. LANDLORD'S REMEDIES ON COUNTY'S DEFAULT: a. In the event of any default by COUNTY, which is not cured by COUNTY, LANDLORD may, at its election, terminate this Lease by giving COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the Lease for default pursuant to this paragraph, LANDLORD shall have the right to recover from COUNTY only the following amounts for any and all damages, which may be the direct or indirect result of such default: (1) The worth, at the time of the award, of the unpaid rent that has been earned at the time of termination of this Lease; and, (2) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of rent that LANDLORD proves could not have been reasonably avoided; and, (3) The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the teen after the time of award exceeds the amount of the loss of rent that LANDLORD proves could not have been reasonably avoided; and, (4) Any other amount necessary to compensate LANDLORD for all detriment proximately caused by COUNTY's default which LANDLORD proves could not have been reasonably avoided. (5) "The worth, at the time of the award," as used in subparagraphs a(1) and a(2) of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in subparagraph a(3) of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1 b. Notwithstanding subparagraph a, above, on any termination of the Lease for default pursuant to this paragraph, the amount LANDLORD shall have the right to recover from COUNTY for any and all damages which may be the direct or indirect result of such default shall not exceed the amount LANDLORD would have been entitled to receive had the COUNTY terminated the Lease under Paragraph 39, COUNTY'S RIGHT TO TERMINATE LEASE. 8 23. LANDLORD'S ACCESS TO PREMISES: LANDLORD and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: a. To determine whether.the Premises are in good condition; and, b. 'To do any necessary maintenance and to make any restoration to the Premises that LANDLORD has the right or obligation to perform; and, C. To serve,post, or keep posted any notices required by law; and, d. To post "for sale" signs at any time during the term, to post "for rent" or "for Lease" signs during the last three (3) months of the term; and, e. To show the Premises to prospective brokers, agents, buyers, tenants,.lenders or persons interested in an exchange, at any time during.the term. LANDLORD shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY. 24. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other parry of the change of address. Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. LANDLORD's address: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313-5295 COUNTY's address: Internal Services Group Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 b. If, at any time after the COUNTY accepts the Premises, the LANDLORD assigns or transfers a non-controlling interest of its rights in the Premises to a third parry, LANDLORD must notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action. C. If, at any time after the COUNTY accepts the Premises, the LANDLORD assigns or transfers a controlling interest of its rights in the Premises to a third parry, LANDLORD must 9 notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action. The new owner must provide COUNTY with evidence of completion of such action. The parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises. (1) Within fifteen (15) COUNTY working days of completing any action which affects a change in the ownership of the Premises, the new owner must provide COUNTY evidence of obtaining insurance in compliance with Paragraph 17, INSURANCE. 25. INCORPORATION OF PRIOR AGREEMENT: This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 26. WAIVERS: No waiver by either party of any provisions of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 27. AMENDMENTS: No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Lease. 28. SUCCESSORS: This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 29. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Lease or any other portion thereof. 30. TIME OF ESSENCE: Time is of the essence of each provision of this Lease which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 31. (QUIET ENJOYMENT: Subject to the provisions of this Lease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, LANDLORD shall secure to COUNTY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 32. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 33. CONS_ whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval. 10 34. EXHIBITS: All exhibits referred to are attached to this Lease and incorporated by reference. 35. LAVV: This Lease shall be construed and interpreted in accordance with the laws of the State of California. 36. VE_ N_ The parties acknowledge and agree that this Lease was entered into and intended to be performed.in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Lease will be the San Bernardino District, San Bernardino County. Each party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this Lease is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the San Bernardino District of San Bernardino County. 37. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third parry legal action against the COUNTY; including such costs and attorneys' fees payable under Paragraph 16, HOLD HARMLESS, Paragraph 46, PUBLIC RECORDS DISCLOSURE, and Paragraph 45, HAZARDOUS SUBSTANCES. 38. JURY TRIAL WAIVER: LANDLORD and COUNTY hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by either LANDLORD against COUNTY or COUNTY against LANDLORD on any matter whatsoever arising out of, or in any way connected with, this Lease, the relationship of LANDLORD and COUNTY,. COUNTY's use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect 39. RIGHT TO TERMINATE LEASE: The COUNTY and LANDLORD shall have the right to terminate this Lease at any time whenever COUNTY or LANDLORD, in their sole discretion. determine it would be in their best interests to terminate this Lease. Either party shall give the other notice of any termination pursuant to this paragraph at least one hundred eighty (180) days prior to the date of termination. In the event either party terminates this Lease pursuant to this paragraph, the LANDLORD shall have the right to receive from COUNTY only the rent which will have been earned at the date of termination. 40. CAPTIONS TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this Lease shall have no effect on its interpretations. 41. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this Lease, will survive the termination of this Lease. 11 42. FORMER COUNTY OFFICIALS: a. LANDLORD agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent LANDLORD. The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of LANDLORD. For purposes of this provision, ,COUNTY administrative official'' is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "B", List of Former County Officials.) b. If during the course of the administration of this lease, the COUNTY determines that the LANDLORD has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this lease may be immediately terminated. If this lease is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies. 43. BROKER'S COMMISSIONS: LANDLORD is solely responsible for the payment of any commissions to any broker who has negotiated or otherwise provided services in connection with this Lease. 44. HAZARDOUS SUBSTANCES: a. LANDLORD hereby represents and warrants that, to the best of LANDLORD's actual knowledge, information and belief: (1) theSubstances;remises �e not been exposed to Hazardous i) neither the LANDLORD nor Substances and are presently free of all Hazardous any of the other current tenants; if any; on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental any applicable federal. state or local law, regulation; ordinance or other authority under legislation pertaining to air, water. or soil quality or the handling, transportation. storage; treatment. usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable ate, and laws: and (iv) noreportable under t be Premse ises as occurred fee of Hazardous Substances as oflthe Commencement groundwater and vapor on or under h Date. b. LANDLORD shall indemnify; protect. defend and hold COUNTY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages; liabilities, judgments. costs, claims; expenses; penalties. including attorneys' and consultant's fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises prior to the Commencement Date of this Lease. LANDLORD' 's obligations under this paragraph shall not include the effects of any contamination or injury to person; . and the cost of investgaton, property or the environment created or suffered by COUNTr provided that LANDLORD Iprotves removal, remediation, restoration and/or abatement thereof, p 12 the COUNTY created or suffered the contamination or injury to person, property or the environment. LANDLORD's obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by COUNTY and LANDLORD shall release LANDLORD from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by COUNTY in writing. C. For the purposes of this paragraph, the following definitions shall apply: (1) "Hazardous Substance,'' as used in this Lease, shall mean any product. substance or waste whose presence, use. manufacture, disposal. transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of LANDLORD or COUNTY under any applicable statute or common law theory. (2) "Reportable use" shall mean (i) the installation or use of any above- or below-ground storage tank; (ii) the generation, possession, storage.use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice; registration or business plan is required to be filed with any governmental authority and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. J (3) The term "applicable requirements" shall be deemed to refer to all applicable laves, covenants or restrictions of record, building codes, regulations and ordinances. 45. PUBLIC RECORDS DISCLOSURE: All information received by the COUNTY from the LANDLORD or any source concerning this Lease, including the Lease itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Records Act; Government Code Section 6250 et seq. (the "Public Records Act"). LANDLORD understands that although all materials received by the COUNTY in connection with this Lease are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which a LANDLORD has reasonably requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify the LANDLORD of the request and shall thereafter disclose the requested information unless the LANDLORD, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY a legally sound basis for the nondisclosure, and agrees to indemnify, defend. and hold the COUNTY harmless in any/all actions brought to require disclosure. LANDLORD waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify LANDLORD of any such disclosure request and/or releases any information concerning the contract received from the LANDLORD or any other source. 46. CONDITION OF PREMISES: LANDLORD shall deliver the Premises to COUNTY "As Is". To the best of LANDLORD's knowledge. LANDLORD believes the plumbing, electrical systems. fire sprinkler system, lighting, air conditioning and heating systems and 13 loading doors, if any, in the Premises are in good operating condition on the Commencement Date. 47. CONDEMNATION: If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas or that portion of the Premises designated for COUNTY's parking, is taken by condemnation. COUNTY may, at COUNTY's option, to be exercised in writing within thirty (30) days after LANDLORD shall have given COUNTY written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If COUNTY does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. COUNTY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power: (a) one hundred percent 0 00%) of any amount attributable to any excess of the market value of the Premises for the remainder of the Lease Term over the present value as of the Termination Date of the Rent payable for the remainder of the Lease Term (commonly referred to as the "bonus , value" of the Lease); and (b) COUNTY shall have the right to make a separate claim in the Condemnation proceeding for: (i) The taking of the amortized or undepreciated value of any trade fixtures or leasehold improvements owned by COUNTY that COUNTY has the right to remove at the end of the Lease term and that COUNTY elects not to remove; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that COUNTY has the right to remove and elects to remove (if Condemnor approves of the removal); (iii) Loss of goodwill; (iv) Relocation costs under Government Code section 7262, the claim for which COUNTY may pursue by separate action independent of this Lease; and (v) Any other amount in addition to the foregoing that the COUNTY is allowed under condemnation law. COUNTY shall have the right to negotiate directly with Condemnor for the recovery of the portion of the Award that COUNTY is entitled to under subparagraph (b) of this paragraph. In the event that this Lease is not terminated by reason of such condemnation, LANDLORD shall repair any damage to the Premises caused by such condemnation authority pursuant to Paragraph 12, MAINTENANCE, and Paragraph 18, DESTRUCTION OF PREMISES. 48. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed; in all cases, according to its fair meaning, and not for or against either party hereto. 14 49. AUTHORIZED SIGNATORS: Both parties to this Lease represent that the signators .executing_this document are fully authorized to enter into this agreement. END OF LEASE TERMS. COUNTY OF SAN BERNARDINO LANDLORD: CITY OF GRAND TERRACE By: Dennis Hansberger, Chairman Thomas Schwab Board of Supervisors Date: Title: City Manager SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Date: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD J. RENEE BASTIAN, Clerk of the Board of Supervisors By: Deputy Approved as to Legal Form: RONALD D. REITZ, County Counsel San Bernardino County, California By: Rex A. Hi ey, C eputy Date: - 9 232202.02 15 c d I ; da eaMibeirm Jr— 9 a' vE 90 .0 I z rl j 20 WALL I �� = _ 5ft� TILE AT POYSF- 4 r F u�w-f'W J.S. i3o� 8 �Z. .. ------��•4.._ — _`� 4 EXHIBIT "B" LIST OF FORMER COUNTY OFFICIALS INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the LANDLORD, the date the Official entered LANDLORD's employment and/or representation. OFFICIAL'S NAME: REQUIRED INFORMATION DATE: February 19, 2004 I� W.O.# 12.639 GCOMMUN1T •I f:?�^ a�"xr`x - - "'dS�w<. .,_l.�.�- _'%^O<_ •,._ �iy�,,.,,a_-s,'yv; _ ,.fl:_ -i,��?Tt��:i�'•�� {. J; x'�:.,.•_H�__ '.Zm' i"- -sii')i:Y-:•1.�t.`>" 'r-y-.Y�� :.i`�.':-2� .�� �."=:;.`, _ :i.;*�,- �,'k�3; .r'k' ..,.q- _r i... r.\-"i�',���"�S ,'�?� - _ _ .�d•,a-.._ L. `�.1.-t„ iz,-••3.4 !� ./(�ly�j, - ~`k�=L ��t;r-..,_ _ a����;fir;';., �,n,:-.�� .:*;�; �����.�•,�',� dV � V - �.=''"s.E:..�rn;_ _ �:h,_.FY. '.+�s�.:�.?$rif-J::3'!`i`...z=.c-.-i.�.-:s"..,1-•:il.F.'..=..:�_ '.a+n�T.sF' ',..: .../, ...t...���>,j�+ rL GRIND TERR C CRA O COUNCIL ITEM (X) MEETING DATE: February 26, 2004 SUBJECT: Completion of the Traffic Signals at Mt.Vernon Ave,and De Berry St. H A �S FUNDING REQUIRED NO FUNDING REQUIRED XX DEPARTMENT OF BUILDING & SAFETY: PUBLIC WORKS AND HOUSING On October 9, 2003 City Council authorized staff to award a contract to the low bidder, 22795 Barton Road DBX Inc., for installation of traffic signals at Mt. Vernon Ave. and De Berry St. Suite B Grand Terrace The project is now completed,per the contract, with no additional costs incurred. California 92313-5295 Civic Center (909) 825-3825 STAFF RECOMMENDS THAT THE CITY COUNCIL: Fax (909) 825-7506 1. Accept the project. 2. Direct the City Clerk to record the Notice of Completion. AQENDA (`ENS NO"; tECORDING REQUESTED BY : CITY OF GRAND TERRACE WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTENTION; Brenda Stanfill SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Grand Terrace 3. The full address of the owner is 22795 Barton Road Grand Terrace. CA 92313 4. The nature if the interest or estate of the owner is; In fee. A M nirinal_CD1:poratic)n (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lease") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants in common are: NAMES ADDRESSES None 6. A work of improvement on the property hereinafter described was completed on 2/17/04 The work done was: The complete installation of traffic signals signaEe and striping 7, The name of the contractor, if any, for such work of improvement was DBX Inc. 42066 Avenida Alvarado, Ste. C Temecula, CA 92590 November 19, 2003 (If no contractor for work of improvements as a whole, insert "none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Grand Terrace County of_ San Bernardino State of California, and is described as follows: Intersection of Mt. Vernon Ave. and De Berry St. 9. The street address of said property is none (If no street address has been officially assigned, insert "none") Dated: Signature of owner or corporate officer of owner named in paragraph 2 of his agent VERIFICATION I, the undersigned,say: I am the Manager of the declarent of the foregoing notice of ("President of", "Manager of", "Owner of", etc. I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare un_c: of perjury that the foregoing is true and correct. Executed on M 2004 ,at Grand Terrace (Dale of signature) (City where signed: (Personal signature of the individual who is swearing tst vac:r.;� the notice of completion are true.) CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE Regular Meeting MINUTES — `v., JANUARY 6, 2004 FEB The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Chairman JoAnn Johnson at 6:05 p.m. Agendas were distributed. MEMBERS PRESENT- Vic Pfennighausen, Claire McElwee,JoAnn Johnson and Glenn Nichols. MEMBERS ABSENT— Richard Haubert and Dottie Raborn. CITY STAFF— Assistant City Manager, Steve Berry. GUESTS PRESENT— Prospective member Richard (Ric)Maxfield. APPROVAL OF MINUTES of December 2, 2003 was given, with motion by Vic Pfennighausen and second by Glenn Nichols. Approved minutes are to be sent to the Council. LIAISON REPORT by Steve Berry: a. Reported on meeting with Diane Feinstein on fire issue. b. Reported on meeting ti7ith William Myers, Security/Public Safety Supervisor (E Team). Submitted Emergency Management application. c Grand Terrace Foundation doing very well. d. Working on 2004 projects. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Tower is up and antenna will be up within the next couple of weeks. Thanks were given to Steve Berry for all his help in accomplishing this project. b. Equipment functional c. Vic suggested that an EOC drill refresher course for the City Staff be given sometime in April. Steve will discuss same with Tom. d. Vic and JoAnn are working on scrap book. e. Vic requested help in the EOC office one or two mornings or afternoons during the week. NEW BUSINESS- a. Report was given on the Field Trip to LLUMC. JoAnn wrote a letter of thanks to Dr. Johnston. b. There was discussion regarding the Directory for Amateur Ham Radio Operators. Decision was made to table it until the February meeting. c. Glenn Nichols made a motion to accept Richard Maxfield as a regular member of the EOC cormnittee,JoAnn Johnson seconded and motion was carried. Action Item will be sent to the Council. TRAINING/SPEAKERS a. Vic and JoAnn will attend a meeting at the County EOC in Rialto possibly the 20'h of January. b. Tour of Arrowhead Hospital will be set up at a later date. ADJOURNMENT AT 7:05 P.M. Respectfully submitted, Claire McElwee, Secretary NEXT MEETING WILL BE FEBRUARY 3,2004 AT 6:00 P.M. �,k CITY OF GRAND TERRACE CRIME PREVENTION COMMITTEE FEB 112004 Regular Meeting MINUTES CITY Uz ±F_FrAC January12, 2004 The Grand Terrace Crime Prevention Committee met for the regular meeting at the Senior Center. Meeting was called to order at 6:02 p.m. by Chairperson, Philomene Spisak. MEMBERS PRESENT were Philomene Spisak, Chairperson, JoAnn Johnson, Dottie Raborn, Dick Rollins, Don Bennett, Lew Neeb, Pat Smith and Claire McElwee. MEMBERS ABSENT - Margaret (Peggy) Reagan CITY STAFF/SHERIFF'S DEPT. - SSS, Tanya Cahill GUESTS PRESENT- Bob Stewart AGENDA was approved with motion by Claire McElwee and second by Pat Smith. MINUTES for the meeting of November 10, 2003 were approved with motion by Dottie Raborn and second by Don Bennett PUBLIC COMMENT-None CORRESPONDENCE-New membership roster UNFINISHED BUSINESS A. Speed Watch Discussion a. Okay, if it could be done without danger. b Would have to be away from individuals home and with identifying vehicle. c. Councilman, Hilkey wanted letters sent. d. Getting volunteers is very difficult e. Notice of large numbers speeding in particular areas could go to deputies f. Postage could be a factor if large numbers of notices sent g. Someone in a parked, marked car? Citizen Patrol?Recording only h. It was suggested that the Crime Prevention Committee recommend that City Council pursue possibility that Citizen Patrol.could do this. NEW BUSINESS A. Crime Prevention Planning -Nothing new discussed REPORTS A. Summary of Law Enforcement Activity. a. Some vandals were caught. b. Identity theft is still prevalent. c Be aware of e-mail or phone saying you are the "sole heir" to a fortune. COLI'NICIL AGENDA ITEM 2c B. Citizen Patrol Report a. November reported 283 hours, December 140, total for 2003, 2946. b. Bob Stewart worked after Christmas slide tragedy. C. Other Community Programs -None D. Member Reports -None There being no further business to discuss, the meeting was adjourned at approximately 6:43 p.m. Respectfully Submitted, Secr , JoAnn Johnson RAND TERR C Community Services Department Staff Report TO: CITY COUNCIL FROM: Community Services Department SUBJECT: Public Hearing regarding proposed amendments to Section 18.06.626 and 18.060.030.D.6 of the Municipal Code to reflect the proposed RV/Utility Trailer Parking Ordinance. LOCATION: City-wide (X) NO FUNDING REQUIRED RECOMMENDATION: Open the public hearing, receive the staff report and testimony, close the hearing, and recommend the adoption of the proposed RV/Utility Trailer Parking Ordinance. f Background City of Grand Terrace Municipal Codes currently allows motorized recreational vehicles and boats on trailers to be parked on private property, in public view, as long as they are within these guidelines, -All non-motorized travel trailers (including 5th wheels) must be in working condition, parked behind a screened 6 ft. fence, and are prohibited from being stored on residential front yards (per zoning code 18.73.200). -Vehicles/trailers must be currently registered. -Placement shall be on an improved surface such as concrete or brick. Gravel or dirt is not considered an improved surface. -Must not be parked in the public right of way. Any motorized vehicle is allowed to be parked on city streets for a maximum of 72 consecutive hours before it has to move. Code Enforcement has received several complaints from residents concerning both motorized, non-motorized vehicles, and trailers parking for long periods of time on the city streets and the safety/visual impact they have on a neighborhood. Code Enforcement began an effective campaign to educate residents of the "Do's" and "Don'ts" of parking/storing these types of vehicles/trailers in Grand Terrace. f4 ;.ENDA F i 4�: i �• , Many residents have complied and park their vehicles/trailers offsite or behind fences. Several residents have voiced concerns over the inequity of our Municipal Code stating that it discriminates against fifth wheel type trailers—which are currently not allowed to be parked anywhere but behind a solid fence on residential property. Other concerns address the safety of residents walking, driving, or biking around these types of vehicles and blocking the line of sight. At the September 26, 2002 council meeting, the City Council reviewed the Grand Terrace Municipal Code concerning Motorized and Non Motorized Recreational Vehicles, Boats; and Trailers. Council action directed staff to do the following: A. Re-write the Grand Terrace Municipal Code to allow all Recreational Vehicles the same privileges as motorized non-conurrercial vehicles including: a. Class A, Class C motor homes b. Fifth wheels c. Boats on trailers d. ATV's on trailers e. Wave Runner type vehicles on trailers f. Any existing or future recreation vehicle(s) on a trailer- B. Have staff convene a RV Task Force meeting in December 2002 to review the current Municipal Codes relating to RV's, address the issues of unsightly RV's and come to a consensus on the setback for residential property The RV Task Force meeting was held December 4, 2002 with five of the nine volunteer members present. The task force reviewed the current ordinance and made several recommendations for council to review. At the January 23, 2003 City Council Meeting, Council instructed staff to modify the Grand Terrace Municipal Code to include the following recommendations from the RV Task Force: (1) Include in the pending re-write of the Grand Terrace Municipal Code this terminology relating to "unsightly conditions" for RV/trailers: -RV's and trailers must be kept neat and clean at all times (cobwebs, spider webs, debris, excessive dirt, weed accumulation on and under RV/trailer will be prohibited; broken windows, flat tires, expired tags). -Covers/tarps must be secure and be able to withstand the elements. Rocks/bricks cannot be used to secure the cover -RV/trailer must display current tags. -RV/trailer can't be used for a storage container. -All trailers and RV's must be able to withstand the elements. 2 (2) The RV setback for parking in residential driveways/improved surfaces is to be 10.5 ft. from the curb face. This is the minimum distance that was recommended by the city's Traffic Consultant (see attached report). (3) To cover inspection costs, staff recommends a one-time permit fee of$49 for the first RV/trailer and $39 for the second/third for those residents who want to legally park their vehicles in the front, side or back of their property. For those residents that will only temporarily have their RV/trailers on site to charge batteries or load, the city will allow up to four days per month without a permit. (4) Based upon the outcome of this report, staff is to take the decision of the council and update the Municipal Codes bringing them back to council for approval. At the September 4, 2003 Planning Cormmission Meeting, the proposed RV/Utility Trailer Parking Ordinance was brought before the commission. Staff requested that the Planning Commission review this ordinance in a public workshop, accept public input, and provide direction to Staff. Several residents expressed concern over the one-time permit fees. They felt that the fees were excessive and should no be charged since the Code Enforcement officer is already monitoring RV/Utility Trailer Municipal Codes and violations. Residents felt this was a "double-tax". Staff mentioned to the Plamnng Commission and the public that a recommendation would be made in the final staff report to council to delete any one-time permit fees. In response to the input from the Planning Connnission and public testimony at the first public workshop, September 4, 2003, staff made the following changes/recommendations: Ordinance should allow owner to choose to make RV non-operable. Staff Recommendation: Owner will be permitted to register RV as a non-operable vehicle with the State DMV Department as long as the RV is stored in compliance with the Municipal Code. Add Class B motor homes to ordinance. Staff Recommendation: Class `B" added to Ordinance. Add Van conversion —include in Ordinance. Staff Recommendation: Van conversion added to Ordinance as Class `B". Review 10.5 ft. right-of-way recommendation —make sure the recommendation complies with current ADA requirements. 3 Staff Recommendation: Staff reviewed ADA requirements, a 10.5 ft. recommendation meets the guidelines for the ADA requirements. Consider pervious surfaces for RV's. Cite NPDES in Ordinance if that is the primary reason for recommendation of non-pervious surfaces. Staff Recommendation: Non-pervious surfaces often create displacement of-ravel, rock, etc. onto the public streets. The gravel, rock, etc. can create a hazardous condition on the sidewalk, street and other portions of the City right-of-way. The potential for damage or injury would exist to the general public. There have been complaints regarding children throwing rocks into the street and onto the sidewalk. Wheelchair access can be hindered by rocks. Citizens walking during the evening hours can trip, slip, or fall if the rocks are in the right-of-way. Consider allowing sewer connections for clean-out of RV. Staff Recommendation: Due to the potential for storm water pollution, staff has recommended that sewer corinections be prohibited when RV is parked on residential property or on any city street. Consider temporary parking for 4 days without a permit. Staff Recommendation: Omitted— entire permit process has been omitted from staff recommendations. Visitor/Family RV parking. Staff Recommendation: Family or friends may park their RV on residential property for- a period not exceeding one month per year (January ls`to December 31S`) Clarify 72 hour parking. Staff Recommendation: Item was re-written stating that no RV shall be parked on a public street for more than 72 "consecutive"hours. This complies with the California State Vehicle Code. Staff also recommends the total number of days a recreational vehicle may be parked on a public street shall not exceed 6 days per month. This would eliminate residents from continuously storing their RVs on the city streets, except for "moving the RV"to comply with the 72 hours Vehicle Code requirement. Simplify explanation of electrical hookups. Staff Recommendation: The new ordinance now states "Electrical hookups are prohibited except during loading and unloading or for the charging of battery for no more than 48 consecutive hours per month". Define parking at an intersection. Staff Recommendation: Staff reviewed and agrees to recommend no RV shall be parked on a public street if it is within 50 feet of any intersection or within 50 feet of any crosswalk. Public safety is the main factor in this recommendation. Review prohibition of detached RV from parking on street. 4 Staff Recommendation: Staff reviewed and continues to recommend prohibiting detached RVs from parking on the city street at any time. There are streets in Grand Terrace that have a marginal incline. If the detached RV brakes fail, the potential for damage and injury to the general public is too great a risk. This recommendation would also prohibit residents from storing their detached RVs on the city streets. Clarify lot coverage regarding the addition of improved surface. Staff Recommendation: Staff recommends continuing with the current recommendation that all paved areas shall not exceed fifty percent of the lot area located between the front property line and the required front setback of the residential zone including the lot area located between the corner side property line and the required side yard setback line of a corner lot. Review restriction of second driveways. Staff Recommendation: Staff changed the proposed Ordinance to allow second driveways based on the size and type of the lot (see item 6 T for explanation). Grace period for violations. Staff Recommendation: After the new Ordinance is adopted, Notices of Violation will be issued, allowing ample time for correction of violations. New Provisions were added by Staff and presented at the November 20, 2003 workshop: 1. Requiring that if a recreational vehicle is parked on the driveway to a garage that the garage door be fully operational which means it can be opened at all times. 2. Allowing for recreational vehicles to park in the coiner side yard of a corner yard so long as it complies with all other provisions of the ordinance. 3. Indicating that no recreational vehicle shall be parked closer than 3 feet to an interior side property line or a rear property line. 4. Allowing for the parking or storage of a recreational vehicle not owned by the resident up to a maximum of one month. This allows for the temporary parking of RV's owned by friends or visiting relatives. 5. Prohibiting dismounted camper shells or cab over campers to be stored in the front yard or side yard other than on an operable and licensed pick up truck. This is consistent with other requirements of the Municipal Code. 6. Prohibiting boats or other water craft from being stored in the front yard or side yard other than on a licensed trailer. This, too, is consistent with 5 other requirements of the Municipal Code. 7. Limiting the number of RV's that may be parked or stored on any residential lot to no more than two in number. The revised Ordinance also includes an additional "Whereas" noting that at the present time many recreational vehicles can not be parked on a residential site except where they are screened. Staff has also expanded the definition of "recreational vehicles" to include camper "shells" and "cab over camper." At the November 20, 2003 Planning Commission workshop, the Planning Commission reviewed the Grand Terrace Municipal Code concerning Motorized and Non Motorized Recreational Vehicles, Boats, and Trailers along with the recommendations from Staff for changes or amendments. The Planning Commission suggested the following items be reviewed/considered by Staff and recommendations presented at a Public Hearing scheduled for January 15, 2004. Ordinance should allow owners with larger parcels to have more than one RN' parked on the property. Staff Recommendation: Owners with parcels less than 20,000 square feet are allowed to park one recreational vehicle in the front or side yard and two additional in the rear yard. For parcels 20,000 square feet or larger, two recreational vehicles may be parked in the fi-ont yard or side yard and two additional recreational vehicles may be parked in the rear yard. See item "s" of the proposed Ordinance t A gravel base should be allowed to park or store an RV. Staff Recommendation: All recreational vehicles in the front yard or the corner side yard of a corner lot must be parked or stored on an improved surface such as concrete, asphalt, laid brick, or other impervious material. Recreational vehicles parked in the back yard may be parked on gravel in lieu of an impervious surface. The gravel shall have a minimum size of 1 inch See item "m" of the proposed Ordinance RV owners should be given a longer period to charge batteries. Staff Recommendation: Electrical hookups are prohibited except during loading and unloading or for the charging of batteries for no more than 48 consecutive hours per week. See item "o"of the proposed Ordinance 6 Cab-over-campers or camper shell should be allowed to be parked on the parcel. Staff Recommendation: No camper shells or cab-over-campers shall be stored in the front yard or side yard other than on an operable and licensed pick-up truck parked in lawful manner. Said camper shells or cab-over-campers may be stored unmounted in the rear yard so long as they are screened in conformance with Section 18.73.200 of the Municipal Code. See item "q" of the proposed Ordinance Detached or unmounted RV's should be allowed on the street. Staff Recommendation: All non-motorized recreational vehicles must be attached to the tow vehicle if parked on a public street. Any owner of a detached, non-motorized recreational vehicle parked on the public street for any length of time will be subject to immediate citation and/or to the removal of the recreational vehicle at the owner's expense. See item "v" of the proposed Ordinance RV's should be allowed to be parked flush to any interior side property line. Staff Recommendation: No recreational vehicle shall be parked closer than 3 feet to an interior side property line or a rear property line. See item "k" of the proposed Ordinance At the January 15, 2004 Planning Commission public hearing, the Planning Commission reviewed the Grand Terrace Municipal Code concerning Motorized and Non Motorized Recreational Vehicles, Boats, and Trailers. The Planning Commission approved the proposed RV Ordinance and reconunended its approval to the city council. DISCUSSION The proposed updated Ordinance will allow non-motorized Recreational Vehicles many of the same privileges as a motorized RV. It addresses line of sight issues and visual/operational conditions of the vehicles. Grand Terrace residents are currently required to screen their RVs from public view. The proposed Ordinance will allow residents to park/store their RV/Utility Trailer on their property without screening from public view as directed by City Council. The concerned Grand Terrace residents who have attended the January 15, 2004 Planning Commission meeting have been notified in writing of the February 26, 2004 meeting with the City Council. In addition, notice of the public hearing was also published in the local 7 newspaper as required by the Municipal Code. The proposed RV Ordinance will be open for discussion. RECOMMENDATION Staff is requesting that the City Council review the proposed RV/Utility Trailer Parking Ordinance as recommended by the Planning Commission, accept public input, then approve and adopt the ordinance. Staff is recommending that the concept of permit fees to cover Code Enforcement costs be omitted from the ordinance. Attachment 1: Revised draft Recreational Vehicle Parking Ordinance dated 1-15-04. Attachment 2: Proposed Negative Declaration and Initial Study 8 ORDINANCE NO. 03 -_(Revised 1-15-04) RECREATIONAL VEHICLE PARKING ORDINANCE AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING TITLE 8, THE GRAND TERRACE , HEALTH AND SAFETY CODE BY REVISING CHAPTER 8.04, NUISANCE ABATEMENT; AMENDING TITLE 18, THE GRAND TERRACE ZONING CODE BY ADDING TO CHAPTER 18.06, DEFINITIONS, A NEW DEFINITION OF RECREATION VEHICLES (RV'S), BY ADDING TO CHAPTER 18.60, OFF-STREET PARKING,A NEW SECTION ON RECREATIONAL VEHICLE PARKING; AND BY REVISING CHAPTER 18.73, GENERAL REGULATIONS AND EXCEPTIONS; AND AMENDING TITLE 4, COMPREHENSIVE FEE SCHEDULES, FINES AND TAXES, BY ADDING A NEW CHAPTER 4.105, RECREATIONAL VEHICLE PARKING AND STORAGE FINES WHEREAS, over the years there has been an increase in the use of recreational vehicles by the residents of the City of Grand Terrace; and WHEREAS, under the existing Municipal Code, many recreational vehicles can not be parked on a residential site except where they are screened; and WHEREAS. many of these recreational vehicles have been stored or parked in the front yard on unimproved surfaces or in a manner that may create traffic hazards or inhibit pedestrian use of the public sidewalk; and WHEREAS, some of the recreational vehicles visible from the public right-of-way have an unsightly appearance; and WHEREAS, many complaints have been received by the City regarding the parking of RV's with respect to location and appearance; and WHEREAS, this matter has, been discussed with the City Council of the City of Grand Terrace on at least two different occasions; and WHEREAS, the City Council directed staff to re-write the Grand Terrace Municipal Code to allow all recreational vehicles to be regulated in a manner similar to motorized non-commercial vehicles; and WHEREAS, the City Council directed staff to convene a "RV task force" to review current codes and to make recommendations regarding recreational vehicle parking with respect to unsightly recreational vehicles and parking setbacks for residential property;and WHEREAS,the staff on January 23,2003,taking into consideration the discussions with the "RV task force," made specific recommendations as to changes to the Municipal Code regarding recreational vehicle parking; and WHEREAS,as the proposed changes to the City's Municipal Code involve changes to the Zoning Code,the matter must first be heard by the Planning Commission which held a workshop to discuss the proposed changes on September4,2003 and on November 20, 2003 and a public hearing on January 15, 2004 under Zoning Amendment No. 03-01 (Z- 03-01); and WHEREAS, a Negative Declaration for the proposed Ordinance was prepared by the Community Development Department under Environmental Review Case No. 03-12 (E-03-12) and duly posted for public review and recommended for approval by the Planning Commission on January 15, 2004 at a publicly noticed meeting; and WHEREAS,. the following findings have been set forth in the staff report to the Planning Commission of the City of Grand Terrace: 1. The proposed Ordinance is consistent with the General Plan in that these regulations on recreational vehicle parking will further the City's Goals to maintain and enhance the visual appearance of the community and protect the public safety. 2. The proposed Ordinance is consistent with all other applicable requirements of local ordinances and state law in that the proposed regulation of recreational vehicle parking will not conflict with any existing provisions of the Municipal Code and will be in conformance with the California Environmental Quality Act. 3. The proposed Ordinance will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the City of Grand Terrace or be injurious to property or improvements within the City of Grand Terrace. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8.04.020 A.14, Chapter 8.04, Nuisance Abatement, is modified as follows: 14. Vehicles parked in required front or side yard setbacks in a residential zone, except when such vehicles are operative, have current licensing, and are parked on a paved drive approach to a required garage or other permitted driveway and except when such vehicles comply with the recreational vehicle parking provisions of Section 18.60.030 D.6. of the Zoning Code; Section 2. Section 18.06.626 is hereby added to Chapter 18.06, Definitions, as follows: Section 18.06.626 Recreation Vehicles (RV's): "Recreational vehicle (RV) means a vehicle for non-commercial, recreational use, including a motor home ( including Class A, B and C), travel trailer, camper shell, cab-over-camper, fifth wheel, horse trailer, or trailers mounted with recreational vehicles such as a water craft or off-road vehicles. Section 3. Section18.60.030 D. 6. is hereby added to Chapter 18.60, Off-Street Parking, as follows: 6. Recreational vehicle parking and storage: a. Recreational vehicles when parked or stored on residential properties must be kept neat and clean at all times. Spider webs, debris, excessive dirt, weed accumulation on and under a recreational vehicle are prohibited at all times as are broken windows and flat tires. All recreational vehicles must be weather resistant at all times.. b. All recreational vehicles when parked or stored on residential properties must display current vehicle registration tags. Those recreational vehicles not displaying current registration tags will be considered in- operable and must be removed from the public view which includes streets, sidewalks and adjacent properties. C. All covers and tarps or any other material employed to protect a recreational vehicle from the elements must be secured and be must be weather proof. d. Rocks/bricks or other weighted items cannot be used to secure the weather proofing cover. e. All recreational parking and storage areas shall be properly maintained and kept free of weeds, mud and other debris. f. No recreational vehicle shall be parked or stored closer than 10.5 feet to curb face. Where there is no curb, the 10.5 feet shall be measured from the edge of the street pavement. No part of the recreational vehicle, including all equipment and towing mechanisms, shall encroach into this 10.5 feet. g. In no instance shall a recreational vehicle be parked or stored where any portion of the recreational vehicle blocks or overhangs the sidewalk within the public right- of-way. h. A recreational vehicle shall not be parked or stored where such parking or storage constitutes a clear and demonstrable traffic hazard and threat to public health and safety. Either the Sheriff or City Manager can, at their discretion, declare the parking or storage of a -particular recreational vehicle to be a traffic hazard and require the immediate removal of the recreational ) vehicle. i. If a recreational vehicle is parked or stored on a portion of a driveway leading to the garage of the residence, the garage"door must be fully operational which means it can be fully opened at all time. j. No recreational vehicle shall be parked or stored in the corner side yard next to the street unless it complies with all other provisions of this section. k. No recreational vehicle shall be parked closer than 3 'feet to an interior side property line or a rear property .line. L All recreational vehicles must park perpendicular to the street except where they are parked on a curved or circular driveway. M. All recreational vehicles in the front yard or the corner side yard of a corner lot must be parked or stored on an improved surface such as concrete, asphalt, laid brick, or other impervious material. Recreational vehicles parked in the backyard may be parked on gravel in lieu of an impervious surface. The gravel shall have a minimum size of 1 inch. n. All paved areas including areas used for recreational vehicle parking and storage shall not exceed fifty percent of the lot area. located between the front property line and the required front setback line of the residential zone and of the lot area located between the corner side property line and the required sideyard setback line of a corner lot. o. Recreational vehicles shall not be occupied for living purposes or be used as a storage container. Electrical hookups are prohibited except during loading and unloading or for the charging of batteries for no more than 48 consecutive hours per week. Sewer hookups are prohibited at all times. P. No recreational vehicle shall be parked or stored on a residential site fora period exceeding one month unless it is owned-by the resident. q. No camper shells or cab-over-campers shall be stored in the front yard or side yard other than on an operable and licensed pick-up truck parked in a lawful manner. Said camper shells or cab-over-campers may be stored unmounted in the rear yard so long as they are screened in conformance with Section 18.73.200 of the Municipal Code. r. No boats or other water craft shall be stored in the front yard or side yard other than on a validly licensed trailer parked in a lawful manner. S. No more than one recreational vehicle shall be parked in the front yard or side yard for any lot or parcel less _f than 20,000 square feet in size. For parcels 20,000 square feet or larger, two recreational vehicles may be parked in the front yard or side yard. Two additional recreational vehicles may be parked in the rear yard, excluding the side yard, regardless of the size of the lot or parcel. t. No second driveways or driveway approaches may be created or used for the purposes of parking or storing a recreational vehicle except where the lot is 100 feet wide or except where the second driveway would be on the side of a corner lot where there is no existing driveway or driveway approach. Any second driveway shall have the proper driveway approach requiring a Public'Works permit. U. No recreational vehicle shall be parked on a public street if it is within 50 feet of any intersection or within 50 feet of any crosswalk. V. All non-motorized recreational vehicles must be attached to the tow vehicle if parked on a public street. Any owner of a detached, non-motorized recreational vehicle parked on the public street for any length of time will be subject to immediate citation and/or to the removal of the recreational vehicle at the owner's expense. W. No recreational vehicle shall be parked on a public street longer than 72 consecutive hours without being moved. The total number of days a recreational vehicle may be parked on a public street shall not exceed 6 days per month. Section 4. Section 18.73.200, Chapter 18.73, Visual Screening of Unsightly Uses, is modified as follows: All open storage of motor vehicles (other than Heensed recreational vehicles), unmounted camper shells or cab-over-campers, trailers (other than lieensed beat trailers with a boat�, building materials, appliances and similar materials shall be screened from all other properties and public streets by a six (6) foot high solid block wall on nonresidential properties and a six (6) foot high solid fence on residential properties, unless otherwise approved by the Site and Architectural Review Board or City Council. This provision for screening shall not apply to recreational vehicles (RV's) stored or parked in a lawful manner in conformance with Section 18.60.030 D.6 of the Municipal Code. Section 5. Section 18.73.210, Chapter 18.73, Yards, is hereby modified as follows: All yards as required by this title shall be subject to the following regulations: A. All front, side and rear yards shall be open and unobstructed from the ground to the sky unless other wise provided for in this title. B. All portions of any front yard (fenced or unfenced) which is adjacent to a street or unfenced side yard which is adjacent to a street, except for driveways, RV storage areas and walks, shall be landscaped with trees, shrubs, flowers, or other decorative plant materials and shall be ---permanently maintained in a neat, attractive and weed free manner. In no case shall trailers , with a boat), commercial vehicles or any miscellaneous materials be stored or parked in any required front yard (fenced or unfenced) which is adjacent to a street or unfenced side yard which is adjacent to a street. This provision for storage or parking shall not apply to recreational vehicles (RV's)stored or parked in a lawful manner in conformance with Section 18.60.030 D.6 of the Municipal Code. C. Architectural features (such as chimneys, cornices, eaves and canopies), uncovered porches, landing places, heating and air, conditioning equipment, pool equipment or outside stairways may project up to five (5)feet into a required side or rear yard but shall in no case extend closer than three (3) feet to any side or rear lot line. Section 6. A new Chapter 4.105, Recreational Vehicle Parking and Storage Fines and Penalties, is added to read,as follows: Sections: 4.105.010 Fines designated. 4.105.020 Penalties. 4.105.010 Fines designated. The following fines have been established for violations: Description of Violation 'Fine Parking over the 10.5 setback $25 Parking within 50 feet of a crosswalk $25 Parking within 50 feet of any intersection $25 Parking/storage on unimproved surface $30 Illegal parallel parking on property $25 Inoperable vehicle parked on property $30 (also required- MC 8.04.020 (14) Accumulation of dirt, debris, litter under and $75 around an RV Torn RV cover including any and all tarps $75 or other materials and improper use of articles to secure tarp (non limited to but including rocks, bricks and other heavy objects Sewer hookup $75 Electrical hookup for more than 48 $50 first violation Consecutive hours $100 second violation. $150 third violation and for each additional violation Use of an RV for storage purposes $75 Parking an unattached RV on street, $75 City right-of-way, or any City property Blocking or overhanging the sidewalk within the $25 public right-of-way. Blocking a garage door with a recreational vehicle $25 Parking a recreational vehicle within 3 feet of the side $25 property line or within 3 feet of the rear property line. Parking/storage on unimproved surface in the front $25 yard or the corner yard of a corner lot Parking/storage on a unimproved surface or $25 non-graveled surface in the rear yard. Parking/storage an unmounted camper or cab-over-camper $25 in the front yard or corner side yard Excessive number of recreational vehicles parked on a lot $25 No approved driveway approach for the parking or $25 storage of a recreational vehicle. Parking of a recreational vehicle on a public $75 street in excess of 6 days per month 4.105.020 Penalties. Each and every day during which a violation(s) continues, except in cases which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense. Any and all persons guilty of an infraction shall pay the fine within thirty days or be declared delinquent and the fine doubled., Failure to pay within ninety days shall result in a tripling of the fine and filing of the amount with the county as a tax lien against the property. . Section 7. The Negative Declaration, as determined under E-03-12, attached hereto, is hereby approved. Section 8. Effective Date: The Ordinance shall be in full force and effect at 12:01 a.m. on the 31s' day of its adoption. Section 9. Positing: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15)days of its adoption, as designated for such purpose by the City Council. Section 10. First read at a regular meeting of the City Council of said City held on the , 2004 and finally adopted and ordered posted at a regular meeting of said City Council on the , 2004. ATTEST: City Clerk of the City of Mayor of the City of Grand Terrace Grand Terrace and of the and of the City Council thereof City Council thereof I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California,, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Brenda Stanfill I Approved as to form: City Attorney John Harper c:\MyFiles\JOH N\RVordinance\proposedRVord.1-15-04 c.�7Y NEGATIVE DECLARATION Document Type: Negative Declaration Date: December 22, 2003 Project Title Zoning Amendment Case No.03-01 -(Recreational Vehicle Parking Ordinance)and Environmental Review Case No. 03-12 Project Location: Citywide (Primarily residentially zoned areas) City of Grand Terrace 16 Description of Project: The proposed project is to amend the City's Zoning Code and other provisions of the Municipal Code by adopting a new ordinance to regulate recreational vehicle parking on residential lots within the City of Grand Terrace. The new ordinance will be considered by the Planning Commission on January 15,2004 which will make a recommendation to the City Council which will hold its own public hearing on this matter following the Commission hearing. Project Proponent: Community Services Department, City of Grand Terrace Lead Agency: Community Services Department, City of Grand Terrace Contact Person: Steve Berry,Assistant City Manager (909) 430-2201 Public Review Period: Began: December 22, 2003 Ended: February 26, 2004 Public Hearings/Meetings Planning Commission —Thursday, January 15, 2004 at 7:00 P.M City Council—Thursday, February 26,2004 at 6:30 P.M. Environmental Finding: Based on an Initial Study, attached hereto, prepared to evaluate the potential environmental impacts of approving the Recreational Vehicle Parking Ordinance,the said RV Parking Ordinance qualifies for a Negative Declaration on the grounds that the said Ordinance will not have a significant adverse impact on the environment. Signature* Steve Berry,Assistant City Manager C c:\MyFiles\JOHN\RVordiiiance\negativedeclarationZ-08-0] CITY OF GRAND TERRACE COMMUNITY DEVELOPMENT DEPARTMENT INITIAL STUDY/ENVIRONMENTAL CHECKLIST I. Project title: Zoning Amendment Case No. 03-01/Environinental Review Case No 03-12 - Recreational Vehicle Parking Ordinance (RV Parking Ordinance) 2. Lead agency name and address: Community Services Department 22795 Barton Road Grand Terrace. CA 92313 3. Contact person and phone number: Mr. Steve Berry(909)430-2201 4. Project location: Citywide 5 Project sponsor's name and address: Community Services Department 22795 Barton Road Grand Terrace. CA 92313 6 General plan designation: City wide Residential 7. Zoning: City wide Residential 8 Description of project: (Describe the whole action involved; including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) A proposal to amend the City's Zoning Code and other provisions of the Municipal Code by adopting a new ordinance to regulate recreational vehicle parking on residential lots within the City of Grand Terrace. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: This is a city wide proposed ordinance which would apply to the parking and storaee of recreational vehicles within all residential zones and areas of the City of Grand Terrace 10 Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None InitialStudyChecklist.rvord.wpd-12/30/98 -]- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous ❑ Hydrology/Water ❑ Land Use/Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment. and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or"potentially significant unless mitigated" impact on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Initial StudyChecklist.rvord.wpd-12/30/98 -i- ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. S;Signature Date Steve Berry Assistant City Manager Printed Name Title EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g.,the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis) 2) All answers must take account of the whole action involved, including off-site as well as on-site. cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant impact'' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi-om "Potentially Significant Impact" to a"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, or earlier analyses may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation lnitialStudvChecklist.rvord.wpd-12/30/98 -3- measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any,to reduce the impact to less than significance 10) The following abbreviations have been used in this checklist: a)AQMD=Air Quality Management District(Southern California) b) BRSP =Barton Road Specific Plan c)EIR =Environmental Impact Report d)GP = General Plan e) MEA =Mater Environmental Assessment lnitialStudyChecklist.rvord.wpd-12/30/98 -4- Environmental Issues: Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact I.AESTHETICS--Would the project. a)Have a substantial adverse effect on a scenic ❑ ❑ ❑ vista? (GP MEA/EIR II-22) b)Substantially damage scenic resources. ❑ ❑ ❑ including,but not limited to,trees,rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual ❑ ❑ 0 ❑ character or quality of the site and its surroundings? d)Create a new source of substantial light or ❑ ❑ ❑ glare which would adversely affect day or nighttime views in the area? Brief explanation to answer I: The greatest potential effect of this Recreational Vehicle Parking Ordinance is on the existing visual character or quality of the site and surroundings. However, the proposed RV Parking Ordinance has provisions to require that the RV's be parked or stored in a clean and neat manner and that all recreational parking and storage areas shall be properly maintained and kept free of weeds, mud and other debris. The end result is that any adverse aesthetic impacts will be reduced to a less than significant level The other potential aesthetic impacts of this section do not apply to the parking and storage of recreational vehicles. II.AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. of Conservation as an optional model to use in assessmg impacts on agriculture and farmland. Would the project. a)Convert Prime Farmland,Unique Farmland. ❑ ❑ ❑ or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use?(There are no significant agricultural resources In Grand Terrace.) InitialStudyChecklist.rvord.wpd-12/30/98 -5- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b)Conflict with existing zoning for agricultural ❑ ❑ ❑ use,or a Williamson Act contract?(There are no significant agricultural resources in Grand Terrace.) c)Involve other changes in the existing ❑ ❑ ❑ environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use?(There are no significant agricultural resources in Grand Terrace.) A brief explanation to answer II: The proposed RV Parking Ordinance will only effect residential areas within the City. No agricultural areas will be affected. In fact,the City has little or no agricultural resources. III.AIR QUALITY--Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project- a)Conflict with or obstruct implementation of ❑ ❑ ❑ the applicable air quality plan?(GP MEA/EIR II-14 and AQMD.) b)Violate any air quality standard or contribute ❑ ❑ ❑ substantially to an existing or projected air quality violation?(GP MEA/EIR II-14 and AQMD) c)Result in a cumulatively considerable net ❑ ❑ ❑ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant concentrations? e)Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? InitialStudyCheeklist.rvord.wpd-12/30/99 -6- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation to answer III: The proposed RV Parking Ordinance will not impact air quality in the region or the City. The proposed Ordinance will mainly effect the storage of"non-motorized" recreational vehicles to allow them to be parked in the front or side yard. Presently,they are allowed to be parked in the rear yard behind a screening fence or wall. IV.BIOLOGICAL RESOURCES --Would the project: a)Have a substantial adverse effect;either ❑ ❑ ❑ directly or through habitat modifications, on any species identified as a candidate,sensitive,or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service?(GP MEA/EIR II-20) b)Have a substantial adverse effect on any ❑ ❑ ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (GP MEA/EIR II-20) c)Have a substantial adverse effect on federally ❑ ❑ ❑ protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to,marsh,vernal pool, coastal, etc.)through direct removal,filling,hydrological interruption, or other means?(GP MEA/EIR II-20) d)Interfere substantially with the movement of ❑ ❑ ❑ any native resident or migratory fish or wildlife. species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?(GP MEA/EIR II-20) e)Conflict with any local policies or ordinances ❑ ❑ ❑ protecting biological resources, such as a tree preservation policy or ordinance?(GP MEA/EIR II-20) f)Conflict with the provisions of an adopted ❑ ❑ ❑ Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?(GP MEA/EIR II-20) InitialStudyChecklist.rvord.wpd-12/30/98 -7- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer IV: The proposed RV Parking Ordinance will effect primarily existing residential areas where there are no biological resources. It is expected that any new residential development where the proposed Ordinance might apply will be fully evaluated as to the impacts of the residential development itself on biological resources. InitialStudyChecklist.n ord.wpd-12/30/98 -$- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact V. CULTURAL RESOURCES--Would the project: a)Cause a substantial adverse change in the ❑' ❑ ❑ significance of a historical resource as defined in §15064.5? (GP MEA/EIR II-22) b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to §15064.5?(GP MEA/EIR II-20) c)Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site or unique geologic feature?(GP MEA/EIR I1-20) d)Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries?(There are no cemeteries in Grand Terrace nor are there any known hu nan remains on the site.) A brief explanation of answer V: The proposed RV Parking Ordinance will apply to existing residential areas where there are no existing archaeological, paleontological, or human remains. No construction is proposed under the proposed Ordinance,just parking and storage, so no adverse impacts to any historical structures In the City would be anticipated. VI.GEOLOGY AND SOILS--Would the project. a)Expose people or structures to potential ❑ ❑ ❑ substantial adverse effects, including the risk of \ loss,injury, or death involving. b)Rupture of a known earthquake fault,as ❑ ❑ ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. (GP MEA/EIR-ES-4) c) Strong seismic ground shaking?(GP ❑ ❑ ❑ MEA/EIR-II-1) d)Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? (GP MEA/EIR-II-1) e)Landslides? (GP MEA/EIR-II-1) ❑ ❑ ❑ InitiaiStudyChecklist.rvord.wpd-12/30/98 -9- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact f)Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil?(GP NMA/EIR-II-1) g)Be located on a geologic unit or soil that is ❑ ❑ ❑ unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?(GP MEA/EIR-II-1) b)Be located on expansive soil,as defined in ❑ ❑ ❑ Table 18-1-13 of the Uniform Building Code (1994), creating substantial risks to life or property?(GP MEA/EIR-II-1) i)Have soils incapable of adequately supporting ❑ ❑ ❑ the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?(GP MEA/EIR-II-1) A brief explanation of answer VI: The proposed RV Parking Ordinance does not propose the construction of any residential type structures; nor will residents be allowed to live in or occupy their RV's. Therefore,there will be no increase 1n the numbers of people exposed to geologic risk. Whatever risk there may be what already exists in the existing residential areas of the City. Any new residential construction will be fully evaluated for potential geologic risk before building permits are issued. VII.HAZARDS AND HAZARDOUS MATERIALS—Would the project a)Create a significant hazard to the public or the ❑ ❑ ❑ 19 environment through the routine transport,use; or disposal of hazardous materials?(GP MEA/EIR II-7) b)Create a significant hazard to the public or the ❑ ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?(GP MEA/EIR II-7) c)Emit hazardous emissions or handle ❑ ❑ ❑ hazardous or acutely hazardous materials; substances, or waste within one-quarter mile of an existing or proposed school?(GP MEA/EIR II-7, GP Land Use Map.) lnitialStudyCheckl ist.rvord.wpd-12/3 0/98 -10- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact d)Be located on a site which is included on a list ❑ ❑ ❑ of hazardous materials saes compiled pursuant to Govenunent Code Section 65962.5 and, as a result,would it create a significant hazard to the public or the environment?(State list of hazardous sites.) e)For a project located within an airport land ❑ ❑ ❑ use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? (There are no airports within or planned in Grand Terrace, nor within two miles of the City.) f)For a project within the vicinity of a private ❑ ❑ ❑ i airstrip,would the project result in a safety hazard for people residing or working in the project area? (There are no private airstrips within Grand Terrace.) g)impair implementation of or physically ❑ ❑ ❑ interfere with an adopted emergency response plan or emergency evacuation plan?(GT Emergency Plan and GP MEA/EIR I1-13) h)Expose people or structures to a significant ❑ ❑ ❑ risk of loss, injury or death involving wtldland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?(GP MEA/EIR II- 6) A brief explanation of answer VII: The parking and storage of RV's will not create any hazards to the public or produce any hazardous substances. Nor will the RV's be parked or stored to proximity to any airports or any areas subject to wildland fires. Last,the parking and storage of RV's in residential areas will not interfere with the implementation of any emergency evacuation plan or plans. VIII. HYDROLOGY AND WATER QUALITY --Would the project. a)Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements?(GP MEA/EIR II-1) lnitialStudyChecklist.rvord.wpd-12/30/98 -11 r Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b)Substantially deplete groundwater supplies or ❑ ❑ ❑ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (GP MEA/EIR II-1) c) Substantially alter the existing drainage ❑ ❑ ❑ ■ pattern of the site or area, includmg through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on- or off-site? (GP MEA/EIR II-1) d)Substantially alter the existing drainage ❑ ❑ ❑ pattern of the site or area,including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? (GP MEA/EIR II-I) e)Create or contribute runoff water which would ❑ ❑ ❑ exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? (GP MEA/EIR II-1) f)Otherwise substantially degrade water quality? ❑ ❑ ❑ g)Place housing within a I00-year flood hazard ❑ ❑ ❑ area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (GP MEA/EIR 11-1) h)Place withm a 100-year flood hazard area ❑ ❑ ❑ structures which would impede or redirect flood flows? (GP MEVEIR II-1) i)Expose people or structures to a significant ❑ ❑ ❑ risk of loss, injury or death involvmg flooding; including flooding as a result of the failure of a levee or darn? (GP MEA/EIR II-1) j)Inundation by seiche,tsunami, or mudflow? ❑ ❑ ❑ (GP MEA/EIR-II-1) Initial Stu dyChecklist.rvord.wpd-12/30/98 -12- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer VIII: The proposed RV Parking Ordinance will not violate any water standards or waste discharge requirements. Motorized RV's will be required to be parked on impervious surfaces at all times. In addition, sewer hookups to the RV's will not be permitted at any time, partly for the reason to eliminate any possibility of spillage or contamination. As no new residential construction is proposed under the Ordinance, no depletion of water supplies will occur. No other hydrology or water quality impacts will result from the adoption of the proposed RV Ordinance. IX.LAND USE AND PLANNING -Would the project: a)Physically divide an established community? ❑ ❑ ❑ ■ b)Conflict with any applicable land use plan; ❑ ❑ ❑ ■ policy, or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect?(GP Categories Map; Zoning District Map; BRSP District Map) c)Conflict with any applicable habitat ❑ ❑ ❑ ■ conservation plan or natural community conservation plan? A brief explanation of answer IX: The proposed RV Parking Ordinance, again, does not propose any construction of structures or highways. Therefore, there will be no division of the established community. Also,the proposed RV Parking Ordinance will not conflict with the City's General Plan or any adopted conservation plan as there are no such plans covering the City of Grand Terrace. X.MINERAL RESOURCES --Would the project a)Result in the loss of availabiliv, of a known ❑ ❑ ❑ Q mineral resource that would be of value to the region and the residents of the state?(GP MEA/EIR II-19) b)Result in the loss of availability of a locally- ❑ ❑ ❑ ■ important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan?(GP Land Use Map, GP MEA/EIR 11I-19) InitialStudyChecklist.rvord.wpd-12/30/98 -l 3- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer X: The proposed RV Parking Ordinance will not impact "mineral resources" as there are no mineral resources within the City of Grand Terrace where residential development has taken place or will take place. InitialStudyCheeklist.rvord.wpd-12/30/98 -14- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XI.NOISE—Would the project result in a)Exposure of persons to or generation of noise ❑ ❑ ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?(GP MEVEIR II-10 b)Exposure of persons to or generation of ❑ ❑ ❑ ■ excessive groundbome vibration or groundborne noise levels? c)A substantial permanent increase in ambient ❑ ❑ ❑ noise levels in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase ❑ ❑ ❑ in ambient noise levels in the project vicinity above levels existing without the project? e)For a project located within an airport land ❑ ❑ ❑ use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working m the project area to excessive noise levels? (There are no airports to GT and none within two miles.) f)For a project within the vicinity of a private ❑ ❑ ❑ airstrip, would the project expose people residing or working in the project area to excessive noise levels? (There are no private airstrips in GT on in adjacent areas.) A brief explanation of answer XI: The proposed RV Parking Ordinance will not increase the number of persons subject to noise levels in excess of established standards. Nor is it expected that the parking and storage of RV's will increase the ambient noise levels to residential neighborhoods. XII.POPULATION AND HOUSING --Would the project: a)Induce substantial population growth in an ❑ ❑ ❑ area, either directly(for example, by proposing new homes and businesses) or indirectly(for example,through extension of roads or other infrastructure)? InitialStudyChecklist.rvord.wpd-12/30/98 -l 5- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b)Displace substantial numbers of existing ❑ ❑ ❑ housing, necessitating the construction of replacement housing elsewhere? c)Displace substantial numbers of people, ❑ ❑ ❑ ! necessitating the construction of replacement housing elsewhere? A brief explanation of answer XH: No increase to population is expected from the adoption of the proposed RV Parking Ordinance. No new residential construction is proposed. InitialStudyChecklist.rvord.wpd-12/30/98 -16- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XIII.PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govenunental facilities; need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services Fire protection? ❑ ❑ ❑ ■ Police protection? ❑ ❑ ❑ ■ Schools? ❑ ❑ ❑ ■ Parks? ❑ ❑ ❑ ■ Other public facilities? ❑ ❑ ❑ ■ A brief explanation of answer XII: The RV Parking Ordinance will not increase the population of the City: therefore there will be no impact to local public services. XIV.RECREATION-- a)Would the project increase the use of existing ❑ ❑ ❑ ■ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the protect include recreational facilities ❑ ❑ ❑ ■ or require the construction or expansion of recreational facilities which might have an adverse physical effect on the enviromneni? A brief explanation of answer XIV: The proposed RV Parking Ordinance for the parking and storage of RV s will not increase the use of City Parks: nor will the adoption of the Ordinance, since no new residential construction is proposed, require any new recreational facilities. XV.TRANSPORTATION/TRAFFIC--Would the project InitialSiudyChecklisi.rvord.wpd-12/30/98 -17- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact a) Cause an increase in traffic which is ❑ ❑ ❑ substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads, or congestion at intersections)? b)Exceed, either individually or cumulatively, a ❑ ❑ ❑ level of service standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns; ❑ ❑ ❑ including either an increase in traffic levels or a change in location that results in substantial safety risks? d)Substantially increase hazards due to a design ❑ ❑ ❑ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.,farm equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ f)Result in inadequate parking capacity? ❑ ❑ ❑ ■ g) Conflict with adopted policies,plans; or ❑ ❑ ❑ programs supporting alternative transportation (e.g..bus turnouts,bicycle racks)? A brief explanation of answer XV• The proposed RV Parking Ordinance will not substantially increase the amount of traffic on City streets. In addition,the City's Traffic Engineer has recommended the 10.5 foot setback from curb face to reduce or eliminate hazards related to blocking the line of site of traffic with respect to the parked or stored RV on residential lots. XVI.UTILITIES AND SERVICE SYSTEMS— Would the project- a)Exceed wastewater treatment requirements of ❑ ❑ ❑ the applicable Regional Water Quality Control Board? b)Require or result in the construction of new ❑ ❑ ❑ water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? Initial StudvChecklist.rvord.wpd-12/30/98 -18- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact c)Require or result in the construction of new ❑ ❑ ❑ ■ storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to ❑ ❑ ❑ ■ serve the project from existmg entitlements and resources, or are new or expanded entitlements needed? e)Result m a determination by the wastewater ❑ ❑ ❑ ■ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f)Be served by a landfill with sufficient ❑ ❑ ❑ ■ permitted capacity to accommodate the project's solid waste disposal needs? g)Comply with federal, state, and local statutes ❑ ❑ ■ and regulations related to solid waste? A brief explanation of answer XVI:No new residential units/construction is proposed by the RV Parking Ordinance. Therefore, no impacts to utilities or service systems are anticipated XVII.MANDATORY FINDINGS OF SIGNIFICANCE-- a)Does the project have the potential to degrade ❑ ❑ ❑ ■ the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or elimmate important examples of the major periods of California history or prehistory? b)Does the project have impacts that are ❑ ❑ ❑ ■ individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects.the effects of other current projects, and the effects of probable future projects)? Initi alStudyCheckl ist.rvord.wpd-12/30/9S -l 9- Less Than Potentialh' Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact c)Does the project have environmental effects ❑ El 0 � which will cause substantial adverse effects on human beings, either directly or indirectly? A brief explanation of answer XVII:No new development is proposed by the RV Parking Ordinance. Therefore, no impacts to the natural environment such as the habitat of fish or wildlife will occur. In addition,there are no cumulative or adverse impacts on human beings have been identified by this study. InitialStudyChecklist.rvord.wpd-12/30/95 -20- ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA, AMENDING CHAPTER 4.72 OF THE GRAND TERRACE MUNICIPAL CODE AND ESTABLISHING SEWER USER CHARGES THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 4.72.010 of the Grand Terrace Municipal Code is hereby amended to read as follows: 4.72.010 Charges designated. Sewer user charges areas follows: A. Residential Single-Family$27.00 per month per dwelling unit Multi-Family/Condominium $24.18 per month per dwelling unit B. Schools Each school shall pay a monthly charge based on attendance for the past 12 months. The monthly charge shall be $48.41 per month for each one-hundred students average daily attendance, or part thereof, and minimum monthly charge shall be equal to that for one dwelling unit. C Commercial/Industrial - Applicable to all users not covered by Paragraphs A - B, above shall be Low Strength - $1.05/per 100 Cubic Feet of Water used Medium Strength - $1.05/per 100 Cubic Feet of Water used High Strength - $2.20/per 100 Cubic Feet of Water used D. Significant Industrial Users All new users shall be charged at the high strength rate until a permit specific rate is established for the user. Section 2. Severability - If any provision or clause of this Ordinance or the application thereof to anyperson or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction,such invalidity shall not affect other Ordinance provisions or clauses -1- -7 1-/� or applications thereof which can be implemented without the invalid provisions or clause or application, and of this end the provisions and clauses of the Ordinance are declared to be severable. Section 3. Fostin -The City Clerk shall cause this Ordinance to be posted in three(3)public places within fifteen (15) days of its adoption, as designated for such purposes by the City Council. Mayor of the City of Grand Terrace and of the City Council thereof. Attest: Brenda Stanfill, City Clerk I,Brenda Stanfill, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 261h day of February, 2004, by the following vote: AYES NOES: ABSENT: ABSTAIN: Brenda Stanfill; City Clerk Approved as to form: John Harper, City Attorney -2- STAFF REPORT O GRAND TERR CE City Manager's Office CRA ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: FEBRUARY 26, 2004 SUBJECT: CANCELLATION OF COUNCIL MEETING: MARCH 25, 2004 FUNDING REQUIRED ( ) NO FUNDING REQUIRED (X) The annual City/County Conference will be held in Lake Arrowhead on March 25 & 26,2004. Currently two Council Members and the City Manager have confirmed their attendance and we have tentative interest from other members of the Council who have yet to confirm. Staff is requesting that Council determine who will be in attendance at the City/County Conference and if appropriate Cancel`tbe meeting on March 25, 2004. STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL DISCUSS CANCELLATION OF THE MARCH 25, 2004 MEETING. AGENDA [TEM NO, 1 County of San Bernardino Administrative Office City Manager's Association 385 North Arrowhead Avenue, 5th Floor 26985 East Baseline Avenue San Bernardino, California 9241-5-0120 Highland, California 92346 (909) 387-5423 (909) 864-6861 DATE: January 26; 2004 ; TO: Mayors/Councilmembers/City Managers- .Honorable Board Members, Assistant County ' Administrators, 'Deputy Administrative Officers and Department Heads SUBJECT: 2004 CITY-COUNTY CONFERENCE Please mark your calendars for the 2004 City-County Conference to be held at the Lake Arrowhead Resort on Thursday and- Friday, March 25-26', Your attendance will help to make the conference a huge success. Look for your registration packet within the next few weeks. If you have any, questions, please feel free to call BJ Cruz, County Administrative Office at (909) 387-5301 . 1 STAFF REPORT O C�ROND TEiR cE City Manager's Office CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: February 26, 2004 SUBJECT: WAIVER OF ORDINANCE 190 TRAFFIC CIRCULATION FEE FUNDING REQUIRED () NO FUNDING REQUIRED (X) The City Manager has been meeting with Mr. Lee Swertfeger owner of Swertfeger Equipment regarding his proposed development of a 12,000 sq. ft. building which will be utilized for the construction, modification, and maintenance of specialized trailers which are sold for a variety of uses including agriculture. The trailers are of a unique design that utilize hydraulically driven moving floors to aid in the loading and unloading of semi- trailers. Mr. Swertfeger initially submitted his proposal.to the City in June 8, 1998. Attached is a chronology of the various approvals and extensions granted to the project. The current unresolved issue between the Staff and Mr. Swertfeger is the payment of the Traffic Circulation Fee Ordinance 190 which was adopted in February of 2000. Mr. Swertfeger feels he vvas led to believe that his project, since it was submitted prior to the adoption of the circulation fee,would be exempt from said fee. All of our capital fees are collected at the time of issuance of a building permit, therefore,the project is currently conditioned to pay circulation fees of $41,150. In our meetings he feels very strongly that he was told he would be exempt from the fee, however, he has no written documentation to support this understanding. This was processed under the former Community Development Director whom I have been in contact with and she does not specifically remember such an agreement for waiver, however, she does recall some discussion on potentially moving the project along faster to avoid the circulation fee. We are currently at a stalemate with Mr. Swertfeger and he will not pay the circulation fee, indicating it was never part of his construction budget and has the improvement project on hold. Mr. Swertfeger is considering seeking a legal recourse that would not benefit neither him or the City. Mr. Swertfeger and his business have existed prior to the City of Grand Terrace being incorporated in 1978. He has been cooperative in making Grand Terrace as the point of sale for all of his equipment sales. Swertfeger Equipment in the last 4 quarters had taxable sales volume of$1.7 million which generated $17,000 in sales tax revenue to the City of Grand Terrace and the expansion of his facility to allow indoor operations will increase his productivity and in turn his sales volume. I had asked Mr. Swertfeger if he could attend the Council meeting to discuss the situation, however, he is currently at an agricultural equipment show in Tulare, California to market his equipment. He has indicated his daughter who is active in the business with him will attend the Council meeting to discuss the issue and to answer any questions or concerns. STAFF RECOMMENDATION STAFF RECOMMENDS COUNCIL WAIVE THE CONDITION NUMBER 4 OF CONDITIONS OF APPROVAL#03-12 AT 12434 MI CHI GAN AVENUE REQUIRING COMPLIANCE TO ORDINANCE 190 -TRAFFIC CIRCULATION FEE,AND ALLOW MR. SWERTFEGER'S PROJECT TO CONTINUE FORWARD. HISTORY OF THE SWERTFEGER PROJECT 1. Preliminary proposal submitted by Mr. Swertfeger in June 8,1998. 2. Planning Commission approves conceptual proposal with conditions on July 16, 1998. Mr. Swertfeger agrees to preliminary conditions on November 20, 1998. 3. CUP 99-01/SA 99-05/E 99-06 filed on June 23, 1999. 4. Ordinance No. 190,the Traffic Signal Improvement Fee and Circulation Fee February 24, 2000. 5. Mr. Swertfeger was allowed to make installment payment for his filing fees. A letter was written to Mr. Swertfeger on November 3,2000 advising him to make last installment to avoid increase in filing fees which were anticipated towards the end of 2000 6. Planning Commission approves CUP 99-01/SA 99-05/E 99-06 on January 18,2001. Mr. Swertfeger signs acceptance of conditions on March 27, 2001 with condition to comply with Ordinance No. 190. 7. Planning Commission on August 16,2001 approves CUP 99-01-A1 for additional time to complete certain conditions of the original approval. (Time Extension No. 1). 8. Planning Commission on February 21, 2002 approves CUP 99-01-A2 for additional time to complete certain conditions of the original approval. (Time Extension No. 2) 9. Mr. Swertfeger in January of 2003 comes in to discuss his need for additional time to complete his project. He also discusses the original conditions which require him to pay the Ordinance 190 fees. At that time he claims that the former Director waived this fee because he was already in the process before the Ordinance was adopted. He said lie had nothing in writing and there was a brief discussion of his making installment payments. 10. Planning Commission on February 20,2003 approves CUP 99-01-A3 for more time to complete conditions with a deadline of January 18,2004. Mr. Swertfeger signs acceptance of conditions, agreeing to new time limit January 18, 2004. 11. Administrative Site and Architectural Review Case No. 03-12 filed October 9,2003 to construct 12.000 square foot building. A Site and Architectural Review application was required by the original conditions. Staff approves this request with conditions on November 6,2003. r ACCEPTANCE OF CONDITIONS OF APPROVAL SITE AND ARCHITECTURAL REVIEW CASE NO. 03-12 TO CONSTRUCT A 12,000 SQUARE FOOT, ONE STORY BUILDING AT 12438 MICHIGAN AVENUE IN THE CITY OF GRAND TERRACE 1. The proposed project shall be constructed in accordance with the site and architectural review case as approved by the Community Development Director on November 6, 2003. All plans shall be consistent in terms of property lines, space lines and other measurements. Minor changes or clarifications may be made by the Director. 2. This approval is for the construction of the proposed 12,000 square foot, one-story building along the southerly property line only. 3. Prior to the issuance of building permits,the applicant shall provide an accurate site plan, drawn to scale, showing the exact location and dimensions of the proposed building. 4. This project is subject to payment of the circulation and traffic improvement fees per Ordinance No. 190 of the City of Grand Terrace. The amount of these fees shall be calculated by the Director of Building and Safety/Public Works and shall be paid prior to the issuance of the building permit for the proposed building. 5. All mechanical equipment shall be screened from the public view and all rooftop mechanical equipment,if any,shall be screened from view by either the architectural features of the building or by screening to be approved by the Community Development Director. If any rooftquipment is proposed,a roof and screening plan for the equipment shall be submitted 'to and approved by the Community Development Department prior to the issuance of building permits. 6. The proposed building shall be constructed of concrete masonry blocks as shown on the submitted exhibits. This approval is not for a metal building. 7. The building and proposed roll-up doors shall be appropriately painted. Proposed colors/paint chips for the building and doors shall be submitted to and approved by the Community Development Department prior to the issuance of building permits. 8 The southerly side of the proposed building, which will be visible from Van Buren Street, shall be embellished in some fashion such as the use of colored trim or striping. A revised elevation showing this embellishment shall be submitted to and approved by the Community Development Department prior to the issuance of building permits 9. The applicant shall comply with all requirements of the Director of Building and Safety/Public Works in his memorandum dated November 6, 2003. 10. The applicant shall comply with all requirements of the Community Safety Division of the County Fire Department as part of its plan check review of this project. In addition, prior to the issuance of building permits, the construction plans for the proposed building shall be reviewed and approved by the County Fire Department. A set of the approved plans with the County Fire Department's stamp of approval shall be submitted to the Building and Safety/Public Works Department prior to the issuance of building permits. 11. The applicant shall comply with all requirements of the Hazardous Materials Division of the County Fire Department in the letter dated October 23, 2003. Prior to the final inspection of the proposed building, the applicant shall supply proof of compliance with this requirement to the City of Grand Terrace. 12. All conditions and requirements of the original approval by the Planning Commission on January 18, 2001 for Conditional Use Permit No. 99-01, Site and Architectural Review Case No. 99-05 and Environmental Review Case No. 99-01 shall remain in full force and effect except as modified by CUP-99-01-A3,approved by the Planning Commission on February 20, 2003. 13. All required improvements and landscaping imposed by the prior approvals of the Planning Commission shall be constructed, completed and installed prior to the final inspection of the proposed building. This condition shall not be construed to modify the deadlines imposed by the Planning Commission under CUP-01-A3 on February 20, 2003. 14. All landscaping on the site shall comply with the approved landscaping plan prepared by Thatcher Engineering and dated 01/31/02 and approved by the City on 02/13/02. 15. All grading as shown on the approved grading plan shall be completed prior to the final inspection of the proposed building. 16. No employee parking shall be allowed on the street nor within the front setback area along Michigan Avenue. 17. All construction on the site and the operation and maintenance ofthe facilitylbusiness shall comply with "NPDES" requirements. 18. The site shall be completely cleaned up (the removal of all trash, debris and salvage items) prior to the final inspection of the building. 19. All trailers and commercial vehicles shall be removed from the rear of the property at 22002 Van Buren Avenue prior to the final inspection of the proposed building. 20. No electric service shall be provided to this building nor shall it be occupied or used I or business purposes until it is finaled by the City. 21. This grant shall not be deemed effective until this "Acceptance of Conditions" for Site and Architectural Review Case No. 03-12 has been signed by the applicant and returned to the City. This approval is not effective until this form is signed and returned to the Community Development Department of the City of Grand Terrace. 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Yx.,:.<,:. .w,)33:t;..:: ,.a.. .�="N'cZ?: .>;� :xx.`'Ls•...:u'�)x. >r., -cZ». ^.7:>;; � ..,\y*xti)\- :�..c:> �c<�f z,>,v' "��;�s.�: .,'f.^:,.<.> .w:cJ.F..s:•.cr:e^t"`SS»"'T5'<:{:�':T.x»:z':i-.d,: £v":2!�-:E'.:,•• i'�:":a:zExa;�>•::�3<>` c�`;z /s 4 liffO17Mfion STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: February 26, 2004 SUBJECT: COUNCIL REORGANIZATION AND REVIEW AND ASSIGN REPRESENTATIVES/ALTERNATES TO VARIOUS GOVERNMENT ORGANIZATIONS Council Member Larkin has requested staff to agendize Council Reorganization and review of appointments to various government organizations. Attached is a list of the organizations with the current representatives. Ommtrans Representative Herman Hilkey Alternate: Don Larkin SCAG Representative Herman Hilkey Alternate: Bea Cortes San Bernardino Valley Water Representative, Don Larkin District Advisory Committee Alternate: League of California Cities Representative. Don Larkin Inland Empire Division Alternate: Lee Ann Garcia City Selection Committee Representative Lee Ann Garcia SANBAG Representative- Bea Cortes Alternate- Herman Hilkey Solid Waste Task Force Representative- Lee Ann Garcia Alternate. Steve Berry Omnitrans Tee.Advisory Representative. Steve Berry Alternate: Tom Schwab California Joint Powers Representative. Lee Ann Garcia Insurance Authority(Board of Alternate: Tom Schwab Directors) Alternate: Steve Berry San Bernardino County Gang& Representative. Maryetta Ferre Drug Task Force North-South Transportation Representative: Herman Hilkey Corridor Committee Alternate: Lee Ann Garcia Staff Recommends Council: Select Mayor, Mayor Pro Tem and City representatives to government organizations.