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05/11/2006 -GGPY` -FILE 0 GRRHD TERR CE May 11 j 2006 , ; 4':00 p.m. 22795 Barton Road - - - _ ,� `. ' - � ; .., ,. •- ;- 1{. � " Grand-Terrace ; California 92313-5295 Civic Center .4 ' (9,09).824-6621 ; Fax'(909)983-7629 Fax(909)783-2600 ` Niaryetta'Ferre' "CITY OF GRAND TER_ RACE ; Mayor Bea tortes - Mayor Pro,'Tem CRA/CITY COUNCIL Herman Hilkey, _ . Lee Garcia' ; REGULAR-MEETINGS'' - Jim Miller- ; i Council Members, T►�o�nasJ.S�hwab 2Nn AND 4TH'Thursday-_.,6;00 .p.m: City Manager Council Chanilbers: Grand Terrace Civte Center' ' , 22795 Barton Road CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCII,CHAMBERS MAY 11,2006 GRAND TERRACE CIVIC CENTER 4:00 PM 22795 Barton Road ",47 ',,,OF TIE ..4 ',4FYi AT7Y -GRANDT-Eldatiii iEswrrH.TIWAMERIC.�N§OftH,,]�IISAblIL-1 SACT, -146. REQUIRE `ASSIST, Chl-"X'4 `P"LEASE JC MEET UE A-FI-YOU-I)ESH ASUCOMPLETEW1.1EQ ; ST-, SPEAKE a ENTRANCE`AND TO;SP.'-F,AIK-FORM"-AVA-ILAI Lk �"xk- MAY..OR�ATTHE, RQP.RIATE 7. -IME'. B ON Call to Order- Invocation-Calvary The Brook Church Pledge of Allegiance- Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION 4:00 PM CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING 1. Review the Proposed FY 2006-2007 CRA/City Council Budget ADJOURN COMMUNITYREDEVELOPMENTAGENCYAND CITY COUNCIL MEETING 6:00 PM CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 04-27-2006 Minutes Approve 2. Development Impact Fees-Senior Housing Project Approve 3. Closed Session-Real Property Negotiations(GC 54956.8) 1. Real Estate Negotiations A. Property Address:22115 Barton Road APN#1167-23 1-11 and APN# 1167-141-08 B. Negotiating Parties: 1) Tom Schwab on behalf of the Agency 2)Ali Yasin C. Areas of Negotiation:Real Property Purchase(Price and Terms) ADJOURN COMMUNITY REDEVELOPMENT AGENCY i COUNCIL AGENDA 05-11-2006 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Tony Grasso-Executive Director San Bernardino Associated Governments(SANBAG) B. Proclamation-Water Awareness Month-May 2006 C. Water Awareness Poster Contest Winners - Terrace View Elementary School D. Jim King-The Foundation of Grand Terrace 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated May 11,2006 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 04-27-2006 Minutes Approve D. Contract Between the City of Grand Terrace - Blue Waves Approve Swim Program and the Riverside YMCA for Swim Lessons and Open Swim at Terrace Hills Middle School E. Redlining 290 Feet of Curbing in front of 12269 Michigan and Approve 22114 DeBerry F. Revise the Existing Contract Between San Bernardino County, Approve City of Colton and Grand Terrace for the Construction of a Traffic Signal and Minor Modifications at the Intersection of La Cadena Drive and Barton Road. San Bernardino County Contract No. 04-843. G. Community Center Sub-Lease with Grand Terrace Lions Club Approve 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council is prohibited from discussing or acting on any item not on the agenda. The Mayor may request a brief response from staff to questions raised during public comment. I 5. REPORTS A. Committee Reports 1. Historical and Cultural Activities Committee j A. Minutes of April 3,2006 Accept i I COUNCIL AGENDA 05-11-2066 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 2. Crime Prevention Committee A. Minutes of March 13,2006 Accept 3. Emergency Operations Committee A. Minutes of April 4,2006 Accept 6. PUBLIC HEARINGS A. Appeal ofPlanning Commission's Approval of SA-06-02,V- Deny 06-01, and E-06-02 for the Construction of a Two-Story Commercial/Industrial Building on a 2.4 Acre Site for ESSCO Electric B. An Ordinance of the City Council of the City of Grand Approve Terrace, California, Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City Council Approve Approving Specific Plan No. 05-02 (SP-05-02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at 11830 Mt. Vernon Avenue and Environmental Review Case No.05-21 (E-05-21)Mitigated Negative Declaration as Provided by the California Environmental Quality Act 8. NEW BUSINESS-None 9. CLOSED SESSION A. City Manager's Bi-Annual Evaluation ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,MAY 25, 2006 AT 6:00 P.M. .................................................................. AGENDA ITEM REQUESTS FOR THE 05-25-2006 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 05-18-2006. �:.\::�., �.. � �"ems �-th'�L"d`:✓c�ti�� CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-APRIL 27,2006 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 April 27, 2006 at 6:00 p.m. PRESENT: Maryetta Ferr6, Chairman Bea Cortes, Vice-Chairman Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Jim Miller, Agency Member Brenda Mesa, City Clerk Larry Ronnow,Finance Director Gary Koontz, Community Development Director Richard Shields,Building& Safety Director Lt. Hector Guerra, Sheriffs Department Colin Burns, Attorney ABSENT: Tom Schwab, Executive Director Steve Berry, Assistant City Manager John Harper, City Attorney t CONVENE COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF 04-13-2006 MINUTES CRA-2006-11 MOTION BY VICE-CHAIRMAN CORTES, SECOND BY AGENCY MEMBER GARCIA,CARRIED 5-0,to approve the April 13,2006 Community Redevelopment Agency Minutes. Chairman Ferr6 announced that Item Number 2. Closed Session - Real Property Negotiations (GC 54956.8)will be continued to the May 11, 2006 meeting. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 6:15 p.m.,until the next CRA/City Council Meeting scheduled to be held on Thursday, May 11, 2006, at 4:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. STAFF .REPORT CITY MANAGER'S OFFICE CRA ITEM(X-) COUNCIL ITEM() MEETING DATE: May 11,2006 SUBJECT: DEVELOPMENT IMPACT FEES—SENIOR HOUSING PROJECT FUNDING REQUIRED: YES (X) NO 0 At the Agency meeting of October 27,2005 the Agency entered into an agreement with Corporation.for Better Housing(CBH)to construct a 120 unit senior housing complex and a new senior center. At the time of the agreement the capital improvement fees were anticipated to be$ 897,400. At the meeting of April 27,2006,the City adopted a new capital improvement fee ordinance increasing the fees for residential and commercial development. Under the new fee structure the senior housing project will be required to pay $1,457,877 in capital improvement fees, an unanticipated increase of$560,477. The increased capital improvement fees was not a budgeted item in the original pro forma and the Agency and CBH propose to split the added fees 80% Agency($448,381); 20% CBH($112,095). This additional funding from the Agency will require that the Agency adopt the attached resolution authorizing an increase of$448,381 for the additional fees. The additional funding will come from the 20% low moderate housing fund. STAFF RECOMMENDATION: AGENCY RESOLUTION NO AUTHORIZING AN INCREASE IN APPROPRIATION OF$448,381 FOR PAYMENT OF ADDITIONAL CAPITAL IMPROVEMENT FEES FOR THE BLUE MOUNTAIN SENIOR VILLA'S PROJECT. CIA AGENDA ITEM NO-2 i RESOLUTION NO. 2006- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING AN INCREASE IN APPROPRIATION OF $448,381 FOR PAYMENT OF ADDITIONAL CAPITAL IMPROVEMENT FEES FOR THE BLUE MOUNTAIN SENIOR VILLA'S PROJECT WHEREAS, the Community, Redevelopment Agency is in agreement with Corporation for Better Housing (CBH)to construct a 120 unit senior housing complex and a new senior center; and WHEREAS, the City Council adopted a new capital improvement fee ordinance increasing the fees for residential and commercial development; and WHEREAS, under the new fee structure the senior housing project will be required to pay$1,457,877 in capital improvement fees, an unanticipated increase of$560,477;and WHEREAS,the increased capital improvement fees was not a budgeted item in the original pro forma and the Agency and CBH propose to split the added fees 80%Agency ($448,381); 20% CBH ($112,095); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does hereby resolve, declare determine, and order as follows: i SECTION 1. The Community Redevelopment Agency of the City-of Grand Terrace agrees to appropriate$448,381 for payment of additional capital improvement fees for the Blue Mountain Senior Villa's Project. SECTION 2. This resolution shall be in full force and effect upon its adoption. PASSED, APPROVED AND ADOPTED this 111h day of May, 2006. j Mayor of the City of Grand Terrace ATTEST: i City Clerk of the City of Grand Terrace 120A7-PACHED OLD FEES T 1 ',EES MISC. DWELLING UNITS Formula Total Formula al Storm Drain 120 x 450.00= 54 000.00 Storm Drain Facilities 120 x 429.00= 51 480.60 Traffic Circ 78,000.00 General Facilities -66 120 x 650.00= li6x—fidi.6-6- E32,246. ......--------- ...... Street Fee 120,x 413.00= 49,560.00 Public Use Facilities 120 x 422.60= 50,640.00 Park Fee 120 x 2,830.00= 336,360.00 Park Open Space 120 x,4--5-3-4-.,0-0-=' 544,080.00 Signal Fee 12-6i 8-6.66=- $527,520.00 COMMUNITYROOM Storm Drain I x 500= 500.00 Storm Drain Facilities-Storm Drain - — 2116 Sq Ft.x 0.353- 746.95 Traffic Circ 1 X"650.00= 650.00 General Facilities-Traffic--Circ .2116-I- S.q.4t.-x 6.208= 440.13 Street Fee I x 413.00= 600.00 ...... Public Use Facilities-Street Fee N/A Park Fee I x 303.00= 110.00 ---Park-Fee.... 2116 Sq.Ft.-x 0.05 1= 107.92. . �gnaI'Fee 1 x $1,295.00 --- --------- $1,940.00 SENIOR CENTER Storm Drain I x 500= 00.00 §iorm Drain Facilities-Storm Drain 7089S 2,502.42 Traffic Circ i xi5-ioo= Ft.x O...353= 4.51 650.00 General Faciifite--s'-Traff' 0; -_Traffic_Circ 7089 Sq.Ft.x 0.208= 7 - .. .1 . - -- --— - Street Fee 66.66 _General Use--Facilities--,-Street-Fee N/A 1 F- Park Fee I x 303.00= 110.00 Park Open Space-Park.Fee 7089 Sq.Ft.x 0.091= I 361.54 I Signal Fee I x 80.00= Signal Fee $4,33.8.47 — S1,940*00 �ElfkR iQ6I&geH0N 122 X 3666.06= $366,000.00 122 X 30_00.00= $366,000.00 - ikA FPICkdFVA L IMPROVEMENT FEE 0 Units 120 x 468.06= 48967.20 6 Comuntiy Center,1,500 per thousand.Sq.Ft. i?006.66 0 Senior Center,1,500 per thousand Sq.Ft. 1500.00 x 7= 10,500.00 $62,467.20 IARTERIAL IMPROVEMENT FEE 0 Units 120 x 1808.55= 217,026.00 -6 Eo;iiun- y ii -Center,-,-1-,500 per thousand Sq.Ft. 663.00 x 2= 13,260.00 6 Senior Center,1,500 per thousand Sq.Ft. 2150.00 x 7= 15,050.00 $245,336.00 A $1.457.876.67 4-7 % % V tf, W % VP K M 4116 "AlZU 6.0, jk4 I. -Aw Or Zip, � LL WA TER A WARENESS MONTH May 2006 WHEREAS, water is our citizens and our areas mi ostprecious and necessary natural resource;and WHEREAS,to insure an ample supply ofgood quality waterfor our residents, we must all work together to effectively conserve and protect the local water:resources, and WHEREAS, by educating all citizens about the value of water and the impo ance of rt personal,family, and community unity conservation, we can make wise decisions regarding our p water-use habits, and WHEREAS, during the month of May, the City of Grand Terrace joins with Riverside Highland Water Company, other water agencies, and the entire State of California to work together to increase the understanding of"Conserving Water-It's Easier Than You Think"Y NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby proclaim May 2006 as WATER A RARENESS MONTH and urge all citizens to be responsible water users and protectors. ra This 11th day of May, 2006. P- Mayor Ferri Mayor Pro Tem Cortes J K Council Member Hilkey Council Member Garcia Council Member Miller h- A 2% A rl A 11 A V M 9 L j Check Register Dated May 11, 2006 vchlist Voucher List Page: 1 05/03/2006 4:31:46PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor V Invoice Description/Account Amount 57417 4Q22-42006 001640 6 6T ON, t2,ITY OF g6UNey. 2906_WACTEW, R THE 0-11-11- _ 21-570-802-000-000 193,814.99 ✓6� ( Total : 19$$1 --- 57421 21-570-802-000-000 194,826.82 Total : 0$-,82"2 57422 4/25/2006 001840 COLTON, CITY OF Feb/Mar. 2006 WASTEWATER TREATMENT 21-570-802-000-000 193,904.25 Total : 193,904.25 3 Vouchers for bank code: bofa Bank total : -582,546.06- 3 Vouchers in this report eon 64 Total vouchers: , 6.06 — 193,904.a5 I certify that, to the best of my knowledge, the afore-listed checks for payment of. City and Community Redevelopment Agencylliabilities have been audited by me and are necessary and appropriate for the operation of the City and Agency. Z�(� Larry Ronnow, Finance Director 1 Page: 1 COUMO�1 ��C 7,� a 7 C.� ,OH vchlist Voucher List Page: 1 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57416 4/20/2006 010290 KAISER PERMANENTE May, 2005 HEALTH INS-LEE ANN GARCIA 10-110-142-000-000 290.51 10-110-120-000-000 18.03 Total : 308.54 57418 4/24/2006 010340 BLUE CROSS OF CALIFORNIA, PERS-CH 0029321141 HEALTH INS B CORTES 10-110-142-000-000 408.59 Total : 408.59 57419 4/24/2006 010425 GRAND TERRACE MARTIAL ARTS O40106 Apr 06 Martial Arts Class 10-430-27 _ 885.50 Total : 885.50 57420 4/24/2006 001206 ARROWHEAD CREDIT UNION Mar/Apr 2006 Mar/Apr 2006 VISA charges .23-200-14-00 164.03 10-110-270-000-000 60.26 10-120-270-000-000 172.35 10-140-210=000-000 129.28 32-200-210-000-000 17.95 23-200-12-00 221.85 10-190-220-000-000 37.18 10-440-223-000-000 54.64 10-440-228-000-000 46.07 10-440-221-000-000 11.97 Total : 915.58 57423 4/25/2006 002450 FERRE', MARYETTA April 2006 APRIL STIPEND CHECK 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total: 400.00 57424 4/25/2006 003200 HILKEY, HERMAN April 2006 April Council/Agency Stipend 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57425 4/25/2006 010147 CORTES, BEA April 2006 April Council/Agency Stipend 1 Page: 1 .� J � 1 vchlist Voucher List Page: 2 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice_ Description/Account Amount 57425 4/25/2006 010147 CORTES, BEA (Continued) 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57426 4/25/2006 002795 GARCIA, LEE ANN April 2006 April Council/Agency Stipend 32-200-120-000-000 150.00 10-110-120-000-000 231.97 Total : 381.97 57427 4/25/2006 010446 MILLER, JIM April 2006 April Council/AgencyStipend 10-110-120-000-000 250.00 32-200-120-000-000 150.00 Total : 400.00 57428 4/25/2006 001907 COSTCO#478 478-06-0027 7 SCHOOL AGE SUPPLIES 10-440-223-000-000 93.15 Total : 93.15 57429 4/25/2006 001907 COSTCO#478 047813013712 C. CARE SUPPLIES 10-440-220-000-000 22.19 10-440-228-000-000 67.61 Total : 89.80 57430 4/25/2006 005529 SBC CALIFORNIA Feb/Mar 2006 Feb-Apr C. Care DSL 10-440-235-000-000 88.78 Total : 88.78 57431 4/25/2006 010625 JAY ORHBERG'S HOLLYWOOD CARS 03312006 Batmobile 6/3/06 G.T. Days Parade 23-200-12-00 600.00 Total : 600.00 57432 4/27/2006 001907 COSTCO#478 0478 13 0147 2E C. CARE SUPPLIES 10-440-228-000-000 22.19 10-440-220-000-000 85.35 Total : 107.54 57433 5/1/2006 010040 SCOTT, MARY J. 05062006 Birthday Bonus Page: 2 vchlist _ Voucher List Page: 3 06/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57433 5/1/2006 010040 SCOTT, MARY J. (Continued) 10-440-110-000-000 50.00 Total : 50.00 57434 5/1/2006 010039 GREER OWENS, BARRIE 05082006 Birthday Bonus 10-180-110-000-000 20.00 34-800-110-000-000 30.00 Total : 50.00 57435 5/1/2006 010038 VERHELLE, JO A. 05152006 Birthday Bonus 10-120-110-000-000 50.00 Total : 56.00 57436 5/1/2006 010414 LEWIS,-JENNIFER 05202006 -Birthday Bonus - 10-440-110-000-000 50.00 Total : 50.00 57437 5/1/2006 005702 PUBLIC EMPLOYEES' RETIREMENT PR end 4/7/06 Contribution for PR end 4/7/06 10-022-62-00 12,127.50 Total : 12,127.50 57438 5/2/2006 004587 MANAGED HEALTH NETWORK_ May, 2005 MAY MHN INSURANCE_ 10-120-142-000-000 17.83 10-125-142-000-000 11.89 10-140-142-000-000 17.84 10-172-142-000-000 2.98 10-175-142-000-000 2.37 10-180-142-000-000 20.23 10-370-142-000-000 8.32 10-380-142-000-000 5.94 10-440-142-000-000 137.01 10-450-142-000-000 5.94 21-572-142-000-000 5.94 32-370-142-000-000 2.37 34-400-142-000-000 19.38 34-800-142-000-000 15.46 Total : 273.50 } Page: 3 ,1 � vchlist Voucher List Pager 4 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57439 5/3/2006 006315 ROLLINS, RICHARD April, 2006 April Open/Close/Clean Parks 10-450-245-000-000 1,162.50 Total : 1,162.50 57440 5/3/2006 006285 RIVERSIDE HIGHLAND WATER CO Feb/March Feb/March Water Svc 10-190-238-000-000 294.83 10-450-238-000-000 2,461.24 10-440-238-000-000 98.90 10-805-238-000-000 110.76 26-600-239-000-000 80.83. 26-601-239-000-000 45.41 34-500-724-000-000 49.20 34-700-709-000-000 9.08 34-700-710-000-000 9.08 34-700-767-000-000 23.58 Total : 3,182.91 57441 5/3/2006 001840 CITY OF COLTON Oct/Nov. 2005 WASTEWATER TREATMENT 21-570-802-000-000 193,814.99 Total : 193,814.99 57442 5/3/2006 001840 CITY OF COLTON Dec05/Jan06 WASTEWATER TREATMENT 21-570-802-000-000 194,826.82 Total : 194,826.82 57443 5/11/2006 001001 AA EQUIPMENT CO. INC. 097347366 mower parts 10-450-246-000-000 83.32 Total : 83.32 57444 5/11/2006 010178 ALMARAZ, ALEXIS O41106 06 1st qtr Med Reimbursement 10-440-139-000-000 323.56 Total : 323.56 57445 5/11/2006 0104.44 AN-WIL BAG COMPANY 17477 AMO MIX(DELIVERY INCLUDED) 16-900-257-000-000 1,560.00 16-900-257-000-000 120.90 Total : 1,680.90 Page: 4 vchlist Voucher List Page: 5 05105/2006 10:30.50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57446 5/11/2006 010459 ANIMAL EMERGENCY CLINIC GT33106 Mar 06 Emergency Srvs 10-190-256-000-000 90.00 Total : 90.00 57447 5/11/2006 001213 AT&T 9098247013793-Apr 14-May 13 2006 Srvs - 10-440-235-000-000 16.88 Total : 16.88 57448 5/11/2006 001381 BARHAM CONSULTING SVCS 53036 Srvs Jan 06-Apr 06 10-175-255-000-000 6,125.00 Total : 6,125.00 57449 5/11/2006 001391 BERRY, STEVE 042406 Reimb for purch of Adobe Photoshop 10-180-268-000-000 55.28 3190 Reimb for EOC Meeting 10-190-220-000-000 31.07 Total : 86.35 57450 5/11/2006 010598 BNI BOOKS 41604 BNI PUBLIC WORKS COSTBOOK 2006 10-175-226-000-000 226.85 10-175-210-000-000 68.85 10-175-220-000-000 11.89 10-175-210-000-000 3.61 10-175-220-000-000 16.45 10-175-210-000-000 4.99 Total : 332.64 57451 5/11/2006 010404 C B TYRES RECYCLING RESOURCES 3904 Disposal of waste Tires 16-900-253-000-000 6.42 Total : 6.42 57452 5/11/2006 001713 CA. DEPT. OF TRANSPORTATION March 2006 March 2006 16-510-238-000-000 38.60 Total : 38.60 57453 5/11/2006 010596 CAEYC CONF REGISTRATION 6106 ANN. CONF. ANAHEIM 4/21-22/2006 10-440-270-000-000 690.00 - , Page: 5 { vchlist Voucher List Page: 6 05/06/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57453 5/11/2006 010596 CAEYC CONF REGISTRATION (Continued) Total : 690.00 57454 5/11/2006 001739 CENTRAL CITY SIGN SERVICE 30314 SIGNS & POSTS 16-900-220-000-000 310.80 30316 SIGNS & POSTS 16-900-220-000-000 802.74 30506 (5)'No Stopping Sign 16-900-220-000-000 48.49 Total : 1,162.03 57455 5/11/2006 001840 CITY OF COLTON 000607 ANIMAL CONTROL.CODE ENFORCEMENT 10-190-256-000-000 3,291.66 Total : 3,291.66 57456 5/11/2006 001942 DATA TICKET INC. 18001 PARKING CITE PROCESSING 10-140-255-000-000 100.00 Total : 100.00 57457 5/11/2006 003210 DEPT 32-2500233683 002034/901557( SUPPLIES 10-180-246-000-000 45.09 011063/001407-SUPPLIES 10-450-245-000-000 19.42 019629/204574: SUPPLIES 10-450-245-000-000 40.82 020043/104583( SUPPLIES 10-450-245-000-000 60.28 027061/4381231 SUPPLIES 10-450-245-000-000 16.09 Total : 181.70 57458 5/11/2006 002673 FLANN, ALISA 6509 REIMBURSEMENT FLOORING 34-700-771-000-000 588.00 Total : 588.00 57459 5/11/2006 002727 FREEMAN COMPANY, J R 325651-0 Printer Repair/City Clerk Office 10-125-246-000-000 136.55 Page: 6 vchlist Voucher List Page: 7 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57459 5/11/2006 002727 FREEMAN COMPANY, J R (Continued) Total : 136.55 57460 5/11/2006 002740 FRUIT GROWERS SUPPLY 32078161 Pruner Pole Giraffe 10-450-245-000-000 -46.22 32079138 SUPPLIES 10-450-245-000-000 860.44 32079345 SUPPLIES 10-450-245-000-000 36.72. 32079432 SUPPLIES 10-450-245-000-000 304.88 32079464 SUPPLIES 10-450-245-000-000 89.26 403819 R3 SUPPLIES 10-450-246-000-000 25.31 Total : 1,270.39 57461 5/11/2006 002901 G.T.AREA CHAMBER OF COMMERCE 4075-LUNCH April 2006 Luncheon- Ferre 10-110-270-000-000 8.00 Total : 8.00 57462 5/11/2006 010153 GCS WESTERN POWER& EQUIPMENT X71281 STREET SWEEPER MAINTENANCE 16-900-254-000-000 406.03 Total : 406.03 57463 5/11/2006 002867 GOLDEN PROTECTIVE SERVICES 46518 RUBBER GLOVES 10-440-228-000-000 85.98 Total : 85.98 57464 5/11/2006 010181 GOPHER PATROL 033106 GOPHER ERADICATION SERVICE 10-450-245-000-000 465.00 Total : 465.00 57465 5/11/2006 002930 GRAINGER 9071789862 2 RLS. 'RESTRICTED BARRIER"TAPE 10-808-246-000-000 26.68 Total : 26.68 57466 5/11/2006 003216 HOUSTON & HARRIS PCS, INC. 06-11974 SEWER MAINTENANCE AND HYDROWASING Page: 7 vchlist Voucher List Page: 8 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57466 5/11/2006 003216 HOUSTON & HARRIS PCS, INC. (Continued) 21-573-602-000-000 700.00 Total : 700.00 57467 5/11/2006 003224 HYDRO-SCAPE PRODUCTS INC. 04383054-00 LANDSCAPE/MAINT SUPPLIES 10-180-245-000-000 191.83 04390400-00 Maint. items for Senior Center 10-805-245-000-000 253.85 04392948-00 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 , 231.18 04307562-00 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 162.30 04398629-00 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 88.72 04401359-00 LANDSCAPE/MAINT SUPPLIES 10-450=245-000-000 60.47 Total : 988.36 57468 5/11/2006 010621 INTELLICEPT 7298 CITY HALL HANDRAILS 10-180-245-000-000 346.78 10-180-245-000-000 25.87 Total : 372.65 57469 5/11/2006 010552 INTERNATIONAL CODE COUNCIL 050106 Renewal Fee for 2 Certifications 10-172-268-000-000 60.00 Total : -60.00 57470 5/11/2006 010623 J &M CONTRACTING INC. 21285 Asbestos Inspection 22293 Barton 34-700-767-000-000 1,650.00 Total : 1,650.00 57471 5/11/2006 003800 JAGUAR COMPUTER SYSTEMS INC 44489 INTERNET WEBSITE HOSTING - 10-180-255-000-000 75.00 Total : 75.00 57472 5/11/2006 003850 JANWING LAX01061794 Jan credit missed 1/7/06 clean 34-400-246-000-000 -75.00 Page: 8 vchlist Voucher List Page: 9 05/06/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57472 5/11/2006 003850 JANI-KING (Continued) LAX03060073 CLEANING SERVICES 34-400-246-000-000 156.00 Total : 81.00 57473 5/11/2006 003890 KELLY PAPER 293727 3-PART REVERSE CARBON LESS 8.5"X 11" 10-370-210-000-000 56.54 10-370-210-000-000 4.38 Total : 60.92 57474 5/11/2006 004301 LAMPE, JOHN W. 041706 06 1st Qtr Medical Reimbursement 10-370-139-000-000 260.00 Total : 260.00 57475 5/11/2006 004320 LAWNMOWER CENTER 21124 Repair/maint on power edger 10-180-246-000-000 133.71 21125 Clutch repair 10-180-246-000-000 35.00 7129 Gas Cap for Chain Saw equip 10-180-246-000-000 8.61 Total : 177.32 57476 5/11/2006 004370 LELAND NURSERY 210600 PLANTS&SUPPLIES 10-450-245-000-000 212.81 Total : 212.81 57477 5/11/2006 010369 LOMA LINDA ANIMAL HOSPITAL AC0106 Services for Jan 06 Animal Clinic 10-190-256-000-000 462.00 Total: 462.00 57478 5/11/2006 004588 MARTIN &CHAPMAN CO. 26151 NOV. 2006 ELECTION HANDBOOK& FORMS 10-125-210-000-000 114.37 Total : 114.37 57479 5/11/2006 010626 MONTES, MARIA 042406 Mar/Apr 06 Milege Reimbursement 10-180-270-000-000 27.14 Total : 27.14 Page: 9 vchlist `iviiCher List Page: 10 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57480 5/11/2006 010629 NATIONAL ASSOCIATION OF LATINO 1152 Annual Due 6/06-06/07-Cortez,Bea 10-190-265-000-000 100.00 Total : 100.00 57481 5/11/2006 010097 NEXTEL COMMUNICATIONS 410575025-043 Feb 21 06-Mar 20 06 Charges 10-440-235-000-000 49.12 10-180-240-000-000 308.68 Total : 357.80 57482 5/11/2006 010560 OF SAN BERNARDINO, REAL ESTATE SE RP059/06 R/W AQCQUISITION-BRIDGE 47-100-250-001-000 1,375.00 RP065/06 R/W AQCQUISITION-BRIDGE 47-100-250-001-000 2,405.00 Total : 3,780.00 57483 5/11/2006 001456 OFFICE MAX-A BOISE COMPANY 809196 Office Supplies-Amina 10A 20-210-000-000 289.35 839946 Office Supplies Admin 10-120-210-000-000 135.29 Total : 424.64 57484 5/11/2006 005450 OTIS ELEVATOR COMPANY SAU06425V506 ELEVATOR MAINT = 10-180-245-000-000 303.49 Total : 303.49 57485 5/11/2006 010616 OVERLAND, PACIFIC&CUTLER INC 0603349 Work thru 3/1/06-3/31/06 GTR-002 23-301-95-00 3,628.75 Total : 3,628.75 57486 5/11/2006 005535 PARKVIEW NURSERY 23937 (2) 5 gal Iceberg 10-180-245-000-000 32.95 Total : 32.95 57487 5/11/2006 010436 PERSONNEL CONCEPTS i2152111A 06 Labor Law Poster Updates 10-120-210-000-000 26.39 Total : 26.39 57488 5/11/2006 005586 PETTY CASH April 2006 April 06 Petty Cash Page: 10 vchlist Voucher List Page: 11 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57488 5/11/2006 005586 PETTY CASH (Continued) 10-440-220-000-000 43.63 10-440-223-000-000 56.40 10-440-228-000-000 103.06 23-200-14-00 58.97 Total : 262.06 57489 5/11/2006 010208 RATELLE, DAZE&ASSOCIATES O40106 CONSULTING 34-400-251-000-000 1,980.00 Total : 1,980.00 57490 5/11/2006 005673 RENTAL SERVICE CORPORATION 28084352-001 Tractor Loader Rental 10-180-240-000-000 285.44 28289452-001 RENTAL OF EQUIPMENT AND SUPPLIES 10-180-218-000-000 93.76 Total : 379.20 57491 5/11/2006 010171 REPUBLIC ELECTRIC 1794 SIGNAL MAINTENANCE AND DAMAGE REPAIR 16-510-255-000-000 362.25 1796 SIGNAL MAINTENANCE AND DAMAGE REPAIR 16-510-255-000-000 330.00 Total : 692.25 57492 5/11/2006 010494 REVENUE&COST SPECIALIST, LLC 7876 DEVELOPMENT IMPACT STUDY 10-190-250-000-000 6,200.00 Total : 6,200.00 57493 5/11/2006 006310 ROADRUNNER STORAGE 3126 May 06 Storage Unit 2009#109 10-140-241-000-000 89.00 Total : 89.00 57494 5/11/2006 010627 RODRIGUEZ, CHARMAINE 042406 Park Reservation Refund 10-450-01 60.00 Total : 60.00 57495 5/11/2006 006453 S.B. COUNTY AUDITOR/CONTROLLER 2111 BOOKING FEES 10-410-259-000-000 1,597.20 Page: 11 l I vchlist w,5wd`icher List - Page: 12 05/05/2006 10:30:60AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57495 5/11/2006 006453 S.B. COUNTY AUDITOR/CONTROLLER (Continued) Total : 1,697.20 57496 5/11/2006 006505 S.B. COUNTY FIRE DEPARTMENT 2006-03 March 06 Diesel Fuel Charges 16-900-254-000-000 221.97 10-440-272-000-000 44.35 Total : 266.32 57497 5/11/2006 006510 S.B. COUNTY INFORMATION OCU0603M Pager Access 4/06-9/06 10-180-240-000-000 30.00 Total : 30.00 57498 5/11/2006 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT406CC HOUSEHOLD HAZARDOUS WASTE FEES 10-190-258-000-000 2,670.50 Total : 2,670.50 57499 5/11/2006 006681 SMART& FINAL 042806 SCHOOL AGE SUPPLIES 1.0-440-223-000-000 49.28 Total : 49.28 57500 5/11/2006 006720 SO.CA.EDISON COMPANY April, 2006 April Electricity 10-190-238-000-000 2,531.48 10-450-238-000-000 1,664.65 16-510-238-000-000 283.16 34-400-238-000-000 66.94 10-175-238-000-000 24.34 10-172-238-000-000 30.42 Total : 4,600.99 57501 5/11/2006 006778 STAPLES CREDIT PLAN 041906 Office Supplies for Planning 10-370-210-000-000 16.64 042706 ComSrvs Office Supplies 10-180-210-000-000 50.43 '9161449822 Toner for ComSry printer -` 10-180-210-000-000 338.29 Page: 12 vchlist Voucher List Page: 13 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57501 5/11/2006 006778 STAPLES CREDIT PLAN (Continued) 9162070888 copier paper&supplies 10-140-210-000-000 4.95 10-190-212-000-000 122.36 10-140-210-000-000 0.38 10-190-212-000-000 9.49 Total : 542.54 57502 5/11/2006 010628 STEWART, ROBERT 041206 Reimbursement for CPR Training 14-411-268-000-000 30.00 Total : 30.00 57503 5/11/2006 006898 SYSCO FOOD SERVICES OF L.A. 604120899 FOOD SUPPLIES 10-440-220-000-000 597.03 604181268 FOOD SUPPLIES 10-440-220-000-000 28.00 604/90588 FOOD SUPPLIES 10-440-220-000-000 45.59 604190589 FOOD SUPPLIES 10-440-220-000-000 626.80 604201825 FOOD SUPPLIES 10-440-220-000-000 39.94 604260488 FOOD SUPPLIES 10-440-220-000-000 602.81 Total : 1,940.17 57504 5/11/2006 007102 T.Y.LIN INTERNATIONAL-MCDANIEL 0604247 Sry Jan 06-Mar 06 Barton Bridge 47-100-250-001-000 8,039.80 Total : 8,039.80 57505 5/11/2006 010586 THE JAMIESON GROUP 2006.52 PROVIDE PROF. SRVS FY 05/06 10-370-255-000-000 4,600.00 Total : 4,600.00 57506 5/11/2006 007034 TRANSPORTATION ENGINEERING 581 TRAFFIC ENGINEERING 10-370-255-000-000 520.00 Page: 13 vchlist , - = ., 'Cher List Pager 14 05/05/2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57506 5/11/2006 007034 TRANSPORTATION ENGINEERING (Continued) Total : 520.00 57507 5/11/2006 007539 VALLEY TIRE COMPANY 79464 Sweeper tire repair 16-900-254-000-000 26.00 79854 Sweeper 2-flat repairs 16-900-254-000-000 70.00 79998 Sweeper repairs/Stud-nut 16-900-254-000-000 140.50 Total : 236.50 57508 5/11/2006 010421 VILLAGE ENTERPRISES, DARCY MCNAB 06-27 March 06-GT Days 23-200-12-00 140.00 Total : 140.00 57509 5/11/2006 007845 W. E. C. ELECTRIC INC. 15639 4 PKG LOT LIGHTS INSTALLED 10-190-721-000-000 4,210.00 Total : 4,210.00 57510 5/11/2006 007795 WAXIE 69400982 SUPPLIES 10-180-245-0007000 482.13 Total : 482.13 57511 5/11/2006 007843 WEST COAST ARBORISTS INC 41204 CITYWIDE TREE TRIM REMOVAL 16-900-260-000-000 288.00 Total : 288.00 57512 5/11/2006 007880 WEST GROUP 811215661 LEGISLATIVE UPDATES 10-125-250-000-000 155.97 Total: 155.97 57513 5/11/2006 007854 WESTERN EXTERMINATORS CO 269370 PEST CONTROL 10-180-245-000-006 80.00 10-440-245-000-000 68.50 10-805-245-000-000 30.50 34-400-246-000-000 35.50 Total : 214.50 57514 5/11/2006 007920 WILLDAN 062-8531 Plan/Insp Srvs thru 3/31/06 Page: 14 vchlist Voucher List Page: 15 65 06 2006 10:30:50AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57514 5/11/2006 007920 WILLDAN (Continued) 10-172-250-000-000 4,258.32 34-400-251-000-000 1,505.00 062-8532 Eng Sry through 3/31/06 10-172-250-000-000 2,755.00 Total : 8,518.32 57515 5/11/2006 007938 WIRZ&COMPANY 45168 Steve Berry Notespads 10-180-210-000-000 114.22 Total : 114.22 57516 5/11/2006 010519 XEROX CAPITAL SERVICES, LLC 017065677 XEROX MACHINE 10-190-700-000-000 351.69 Total : 351.69 57517 5/11/2006 007987 XEROX CORPORATION 017065676 COPIER USAGE 10-190-700-000-000 318.22 Total : 318.22 99 Vouchers for bank code: bofa Bank total : 491,737.80 99 Vouchers in this report Total vouchers : 491,737.80 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 for the operation of the City and Agency. Larry Ronnow, Finance Director A Page: 15 CITY OF GRAND TERRACE - - L-t;- 6 CITY COUNCIL MINUTES REGULAR MEETING-APRIL 27, 2006 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council° Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on April 27, 2006, at 6:00 p.m. ~y PRESENT: Maryetta Ferre,Mayor Bea Cortes,Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Brenda Mesa, City Clerk Larry Ronnow,Finance Director Gary Koontz, Community Development Director Richard Shields, Building& Safety Director Lt. Hector Guerra, Sheriff s Department Colin Burns, Attorney ABSENT: Tom Schwab, City Manager Steve Berry, Assistant City Manger John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Salim Elias,Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Mayor Pro Tern.Bea Cortes. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE -None SPECIAL PRESENTATIONS A. Proclamation-Blue Ribbon Week Councilmember Garcia read a proclamation proclaiming Blue Ribbon Week,Week ofMay 14, 2006, in the City of Grand Terrace in recognition and support of all peace officers and law enforcement agencies. CONSENT CALENDAR CC-2006-42 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the following Consent Calendar Items: COUNCIL AGENDA ITEM NOS�D _7 i Council Minutes April 27,2006 Page 2 3A. Approve Check Register Dated April 27, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 04-13-2006 Minutes J 3D. Community Development Block Grant i(CDBG)Program 2006-09 Delegate 'Agency Agreement PUBLIC COMMENT Ruben Campos, Construction Liaisons with Caltrans in San Bernardino, gave information on an upcoming project that will be taking place late this summer. The Devore 2 Construction Project will include I15 from Sierra Avenue in Fontana through Devore to South of the Kleghorn Road in the Cajon Pass. They will be replacing deteriorated pavement and adding a truck diamond lane in the north bound direction. This project should be completed by Winter 2007. Most of the work will be conducted at night. They will have more detailed information at a later date. They just recommend that people plan ahead when they travel. He reported that they will have updated information on their website continually. You will also be able to view real time traffic on the site and they also have a Fast Pass, which is an information sheet that gives information that can be e-mailed regarding closures and what to expect. Their public affairs department will be having press releases regularly. Patricia Farley, 12513 Michigan, expressed her concern with the fast pace of who is buying what and who is paying what and what the City is spending to help purchase property and the help that they are giving Jacobsen Family Holdings. She would like the City Officials to stop supporting Jacobsen. Rita Schwark, 21952 Grand Terrace Road, stated that she is against Lowe's coming into Grand Terrace. She heard that Fiesta Foods will be moving into the Stater Bros. warehouse. She feels that the City should have a say with who occupies that facility. She feels that the City will have problem with swampers if Lowe's comes into Grand'Terrace. Bill Hays, 22114 DeBerry Street, questioned why when Mr. Jacobsen's second time extension expired on the 17"' of this month for him to own all of the property and have all of the tenants signed are you going to go ahead with the Towne Center Project. The deadline has passed for Mr.Jacobsen. He questioned why they are still going ahead on a dead project. He questioned when the Towne Square Center Project is going to become a private development, he feels that it looks like a land swap for RDA owned land for Mr. Yasin's land. He questioned if this is a private development then why are tax payers funds being put at Mr. Jacobsen's disposal. He feels that this never was a private development and that the revenue will never go to the City but to the RDA. The majority of the funds that Mr. Jacobsen's is investing are ours not his. He stated that the vote on eminent domain was pulled from the agenda. He feels that the Council doesn't want to vote on the use of eminent -domain until the last minute,however,intend to vote on it but not in front of the whole town. i Council Minutes April 27,2006 Page 3 If not voted on in public he would like each of the Council Members to tell the community tonight that they will vote against the use of eminent domain on Jo Stringfield and will they go on record saying that they will vote no. He stated.that if they ignore this question or refuse to answer they will have a safe presumption that you intend to vote for it but not in a timely fashion. The Negative Declaration is still on the counter in the City Hall asking for .the use of eminent domain on Jo Stringfield and should have been removed if there is no intention on using eminent domain. Brian Phelps, 22857 Wren Street, urged the Council to amend the fireworks ordinance to include the dates of June 281h to July 4'for the sale of fireworks and to keep the discharge dates the same. They feel that the more sales that they make the more taxes that the City will make, which helps offset the cost of the enforcement that will be done this year and the following years. The fund-raisers help to keep the League going. They feel that the problem is the illegal fireworks not the Safe and Sane. J Patricia Farley, 12513 Michigan, expressed her concern that a Negative Declaration was placed on the counter and today is the deadline for making comments on it. People have been making comments all along about their concerns but she wants it on the record that she is formally complaining that this is a specific plan it's large and it includes proposals like Lowes,which requires CEQA evaluations,E1R,there is going to be a massive problem with y� trucks, pollution, safety and transportation and damage to roads. She feels that the declaration is not legal and is not acceptable. If it is ever approved it should be taken to court. She pointed out that Mr.Schwab mailed letters threatening eminent domain so anyone that develops on this property is contaminated with the unfair taking of property. If Stater Bros. wants to build a new store they should get the land by themselves legally and not ask the City to obtain it for them so they can pretend that they are not taking someone's home. If anyone takes property through eminent domain she wants the business boycotted and feels that this should be promoted and made very clear to those businesses. She feels that the location of Stater Bros. is great and that the owner of the current property has agreed to enlarge it to what Stater Bros. needs and feels that is what they should do. ORAL REPORTS 5A. Committee Reports -None COUNCIL REPORTS Councilmember Hilkev, expressed his concern with what Rita Schwark said about the old Stater Bros Warehouse and requested that staff look into that. The property just east of Grand Terrace is going to be a housing development with %z acre lots, it will create more traffic on Barton Road. He questioned if we have any input on the traffic issues. i Council Minutes April 27,2006 Page 4 Community& Economic Development Director Gary Koontz, responded that staff hasn't seen a traffic study yet. He has requested large scale grading plans he will have our traffic engineer look at it. He feels that they are on top of it. Councilmember Hilkey, stated that there are three issues that have never been settled. One is the widening of Barton Road next to Hill Top and also access to Westwood and Mohave _ Drive. He wants to make sure that there is no access at all on Westwood. ' I Community & Economic Development Director Koontz, stated that staff made that very clear and based on what they have seen there isn't a connection. Councilmember Garcia, requested that Building & Safety Director Richard Shields tell Council about'the poles coming up the hill. Building& Safety Director Richard Shields, responded that they are Edison support poles and they are set all the way down to Loma Linda. They are going to be replacing high i voltage lines and they need those poles to support the voltage lines before they go up. They are temporary. Councilmember Garcia, questioned if they will be closing the roads. Building & Safety Director Shields, responded that he believes so. Councilmember Garcia, questioned if we will be notified of the closures. Building& Safety Director Shields, responded that he needs to get more information. Councilmember Garcia, requested that when staff receives the information to please place it on our website. She questioned the Observation and Palm Project and how long it will take. Building_& Safety Director Shields, responded that the project is being done by Riverside Highland Water Company and that he will look into how long the project is going to take. Councilmember Miller, attended the first Annual Inter-Communities Ken Hubbs Classic, which was a flag football game between Colton High School and Terrace Hills Middle School. He reported that there was a big turn-out. He has a plaque and will present it at the next meeting. On May 22, 2006 at 7 p.m. there will be the first meeting of the Traffic Mitigation Committee, which he is a member of. The meeting will be an open forum and they want input from everyone. He stated that he is not speaking for the Council, he is speaking for himself,that he has always said that he will not take Jo Stringfield's home by eminent domain. Council Minutes April 27,2006 Page 5 Mayor Pro Tern Cortes,reported that rain or shine at 7:30 a.m. sharp is the Grand Opening of the Sav-on Drug Store and everyone is invited to attend. Mayor Ferr6,attended the training exercise that was put on by the City and the Grand Terrace Emergency Operations Committee and the San Bernardino County Fire Department Office of Emergency Services. She has confidence that the City has a plan in the even of an emergency. A very special thank you to Vic Pfennighausen and JoAnn Johnson for all of the work that they have done to get everything in place. She feels very fortunate to have volunteers that work so hard to make Grand Terrace a safe place for our residents. Councilmember Hilkey, referred to an article that stated that we are going to get the signal light sequencing along Barton Road and a new signal light at the intersection of Barton Road and Honey Hills. This is a trade off because of the delay of the 215 widening and Grand Terrace is getting hit with a lot of traffic."He stated that he wouldn't want anyone to vote on something without the details. There are no details in front of the Council and they have never been asked to purchase Jo Stringfield's property. He is not going to be in the position where anyone tells him t6make a decision until he has those details. Councilmember Miller, stated that there are now two left turn lanes going south on Barton Road. PUBLIC HEARING 6A. Specific Plan No.05-02(SP-05-02),Vesting Tentative Tract Map No. 05-03 (TTM- 05-03/County No. 17766)and Environmental Review Case No. 05-21 (E-05-21)to construct a 35 single family condominium development Ordinance of the City Council Approving Specific Plan No. 05-02 (SP-05-02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side ofMt.Vernon Avenue at 11830 Mt.Vernon Avenue and Environmental Review Case No. 05-21 (E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act Resolution of the City of Grand Terrace Approving Tentative Tract Map No. 05-03 (TTM 17766)for a 35 Single Family Residential Condominium Development in the City of Grand Terrace John Lampe,Planner,reported that the third public hearing for this project was held on April 13, 2007 and was continued to the Council Meeting of April 27"' in order to allow the applicant to respond to a remaining issue raised by a member of the Council. This remaining issue consisted of the location of the fencing along Mt.Vernon and the size of the rear yards of those units backing up to Mt. Vernon. Council Minutes April 27,2006 Page 6 Walter Eeds,Greystone Group,reported that theyprepared the additional exhibit based upon the discussions at the last Council Meeting. He is hopeful that the exhibits are clear and that he will be happy to answer any questions. i Councilmember Hilkev,expressed his appreciation of the clarity on the front of Mt.Vernon. The question he had before was how the fences line-up with existing property lines. He stated that on the north side there is an apartment complex and they have a solid block wall and questioned what will happen with that wall. Walter Eeds, responded that the wall will stay. He stated that the south side has plans to build.a wall adjacent to the existing wall and believes the same for the north side,however he feels that the existing wall can be utilized. I Councilmember Hilkev, wanted clarification on what type of fencing will be on the north side. Walter Eeds,responded that on the north side the existing wall will be used. I Councilmember Hilkev,expressed his concern with the possibility oftagging and questioned if staff is happy with the proposed fencing. Community & Economic Development Director Koontz, responded that the issue is that there is already a retaining wall and if you place additional block on top it will be a big concrete wall., Staff is taking the position that Council wants to see heavy landscaping in front of the walls that will screen it from taggers as quickly as possible and they will make sure that it happens. Staff is comfortable with the fence. Mayor Ferr6 opened the public hearing for discussion, there being none she returned discussion to the Council. I - Councilmember Garcia, stated that after looking at this project she has a problem with the backyards facing Mt. Vernon. Community& Economic Development Director Koontz; responded that during the initial review process they discussed reverse frontage. The issue is that the,more they looked at it, when you drive down the street you have the apartments where you see the sides and rears of apartment all along the side. Here you will see a small patch of front yards that no one will ever use because they are on Mt.Vernon. In their opinion it is better to put a block wall there aim the house inside so that it is part of the total community plus there is a sound barrier.. They really feel that this is the better way to do this project. Councilmember Miller, can see why Councilmember Garcia has her concern,however,he i Council_Minutes April 27,2006 Page 7 feels that the proposed project is probably the best as it is. He questioned if the developer owns the land or are they in escrow. Walter Eeds, responded that they are in escrow. Councilmember Miller,stated that the property is covered in weeds and it really needs to be taken care of. Mayor Pro Tem Cortes, stated that she can see what Councilmember Garcia is saying, however, she also feels the project is best as it is proposed. Councilmember Garcia, she questioned what can be done to regulate utility cabinets. Community&Economic Development Director Koontz,responded that utility cabinets are regulated by the utilities. If there is a way staff can work with the utility companies and agencies he will. He stated that the current utility cabinet shown on the plan is an existing utility cabinet that belongs to SBC. Councilmember Garcia, she'stated that there are people out there looking to make the cabinets less visible. Community&Economic Development Director Koontz,stated that they support making the cabinets less visible. The more that can be put underground the better. Councilmember Garcia,confirmed that there will be no new utility cabinets for this project. Building & Safety Director Shields, responded that just meter pedestals for landscape irrigation, which would be approximately 2 %2 feet wide and 3 feet tall. It would be more than likely covered by landscaping. Edison will regulate which type of meters can be used. Councilmember Garcia, questioned if Edison takes care of the graffiti on the cabinets. Building& Safety Director Shields, responded that the City takes care of the graffiti. Councilmember Garcia,questioned if the City can regulate what type of materials are used for the cabinets. Building & Safety Director Shields, responded that the materials are approved by an electrical outfit that approves all of the cabinets. There are different types of cabinets and Edison approves the ones that can be used in their right-of-way. Councilmember Garcia, stated that there are some cities that are on the leading edge of this Council Minutes April 27,2006 Page 8 and are looking at this. She stated that Huntington Beach has done something and suggested that staff look into it. Councilmemb'er Hilkey, requested that Council be notified as the process moves forward. CC-2006-43 MOTION BY MAYOR PRO TEM CORTES, SECOND BY MAYOR FERRE, CARRIED 5-0, to approve Specific Plan No. 05-02 (SP-05-02), Vesting Tentative l Tract Map No. 05-03 (TTM-05-03/County No. 17766) and Environmental Review Case No'.05-21 (E-05-21)to construct a 35 single family condominium development and the first reading of an Ordinance of the City Council Approving Specific Plan j No.05-02(SP-05-02)for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt.Vernon Avenue at 11830 Mt.Vernon Avenue and EnvironmentalReview Case No.'05-21 (E-05-2 1)Mitigated Negative Declaration as Provided by the California Environmental Quality Act and a Resolution of the City of Grand Terrace Approving Tentative Tract Map No.05-03 (TTM"17766)for a 35 Single Family Residential Condominium Development in the City of Grand Terrace UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California,Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks CC-2006-45 MOTION BY COUNCILMEMBER GARCIA,SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to send back to the Fireworks Ad-Hoc Committee the Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Municipal Code and Regulating the Sale and Discharge of Fireworks to discuss the issue of the date of sale and that they have a meeting prior to May 4,2006 so that a first reading of the Ordinance will be on the Agenda of May 11, 2006 and a second reading on the Agenda of May 25, 2006. 7B. Second Reading of an Ordinance of the City Council of the City of Grand Terrace Rescinding the Traffic Signal Improvement Fee Schedule and Circulation Fee Schedule (4.104) and Replacing it with a new Fee Structure and Rescinding the Capital Improvement and Maintenance Fee Schedule (4.80) and replacing it with a new Fee Structure CC-2006-45 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER MILLER,CARRIED 5-0,to approve the Second Reading ofan Ordinance ofthe City Council of the City of Grand Terrace Rescinding the Traffic Signal Improvement Fee 1 Schedule and Circulation Fee Schedule (4.104) and Replacing it with a new Fee 1 Council Minutes April 27,2006 Page 9 Structure and Rescinding the Capital Improvement and Maintenance Fee Schedule (4.80) and replacing it with a new Fee Structure NEW BUSINESS -None CLOSED SESSION-None Mayor Ferre adjourned the meeting at 7:25 p.m.,until the next CRA/City Council Meeting which is scheduled to be held on Thursday,May 11, 2006 at 4:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace ROND TERR C Community Services Department Staff Report MEETING DATE: May 11, 2006 s CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: Contract between the City of Grand Terrace-- Blue Waves Swim Program and the Riverside YMCA for Swim Lessons and Open Swim Program at Terrace Hill Middle School for Summer 2006. FUNDING REQUIRED (X) Background Drowning is the second leading cause of injury-related death for children ages 1 through 14 years old. Between 60-90% of all drownings occurr in residential swimming pools. According to the U.S. Consumer Product Safety Commission(CPSC)more than half of these occur at the child's own home. Approximately 24% of the Grand Terrace housing stock have pools. In some neighborhoods, the number of pools rises to over 60%. �e Staff has been seeking creative solutions to provide increased Community Services to our residents. Since 2003, staff has been working with YMCA of Riverside to provide certified swim instructors and lifeguards for swim lessons. The 2005 swim season was cancelled due to the pool reconstruction at Terrace Hills Highlights of the 2006 Blue Waves Swim Program • 2-week group classes (Mon-Thurs) cost$59 starting June 19`h to August IOth • NEW for '06 2 weeks of private lessons (Mon-Thurs) cost$155 • Open Swim on Saturdays and Sundays from 6-24-06 to 8-6-06, cost will be$1 per person Staff will market the program in the Blue Mountain Outlook and provide flyers to the two elementary schools by May 15th. Flyers will also be delivered to the Grand Terrace Childcare Center and all other local childcare centers. Parents can sign up and pay for the swim classes at city hall. The city will collect all funds and pay one set contract price to the YMCA. All classes will be on a first come first serve basis. If more children are signed up than we have allotted, the YMCA has the option of adding more classes. The cost for the two-week program, which will run t- COU ICEL AGENDA ITEM NO. 39 i I Monday thru Thursday for 30 minute sessions,will be $59. The beginning classes will be limited to a maximum of 5 students per class and 6 in advanced. Each class will have a dedicated certified swim instructor and the pool will have at least one lifeguard on duty. Private lessons will be given during the same time period, one student for one instructor. The Riverside Family YMCA teaches swimming year round and has done so in Riverside ffor over 25 years. The instructors are qualified Red Cross WSI (Water Safety Instructor) Certified staff, also certified in CPR and First Aid. Blue Waves Swim Classes: Polywogs 3-5 yrs old Beginning Minnows 3-5 yrs old Advanced Mom/Dad &Me ' 6 months to 3 years Little Nemos 6-12 yrs old Beginning Sharks 6-12 yrs old.Advanced kSessions I I June 19th-29th July 5th, 61n, 7th, and.the 1Oth and 14th July 171h-27th July 31 st—Aug 1 Oth Open Swim Dates 1 June 24tt', 25' July 1st, 2na 1 3ra (open Monday for the July 41h holiday) July 8", 9th, 15th, 16th,22°a,23,29th ,30th August 5th, 6th Revenue and Expenses Best case scenario Maximum revenue* for 160 students at $59 each $9,440 Less total YMCA expenses (including Open Swim) <$5,774> Net Proceeds to the City $3,666 Break even scenario is 60% class occupancy Expected revenue for 100 students at$59 $5,900 Less total YMCA expenses <$5,774> Net proceeds to the City of Grand Terrace $126 i l *Not including the private lessons which is a stand alone venture Recommendation Staff recommends contracting with the Riverside YMCA to provide swimming lessons and Open Swim at the Terrace Hills Middle School Pool for Summer 2006. We build strong kids, -Y S'_� CA p Strong families, y o Strong communities. Riverside YMCA and the City of Grand Terrace Terms of Agreement-for a Summer Swim Program 2006 Service Provider: Riverside YMCA 4020 Jefferson St. Riverside,CA 92504 951.689.9622 Contact Person: Sandy O'Donnell Contract Obligation City of Grand Terrace 215 Barton Rd. Grand Terrace, CA 92313 951.430.2201 Contact Person: Steve Berry Pool Location: Terrace Hills Junior High Grand Terrace, CA Arrangement: The Riverside YMCA will provide to the City of Grand Terrace, for a fee, 2 Water Safety Instructors and I Lifeguard, for summer swimming lessons. Swim Lessons to be held Monday through Thursday for 8 consecutive weeks for 2.5 hours per day, per instructor. Open swim weekends only, 11 AM to 3PM, 4.5 hours per day. One guard unless 2nd guard needed due to quantity of swimmers. (Fee to be adjusted.) Effective Date: June 19 through August 10,2006 swim lessons. Open swim to begin June 24heach weekend until August 60. Fees: It is agreed that the City of Grand Terrace will pay the Riverside YMCA an amount of$1,160.00 for each 2 week session,. Four (4)sessions, (8)weeks totaling$4640.00. An amount of$162.00 -per 2 day weekend for 7 weeks, totaling$1,134.00. See attached schedule. Insurance: The Riverside YMCA will provide proof of liability insurance to The City of Grand Terrace. The City of Grand Terrace will provide proof of liability insurance to the Riverside YMCA. Miscellaneous: 1. The City of Grand Terrace will be responsible for lesson registrations. 2. The City/School Representative will open the pool area for access for swim lessons and close the pool for safety. 3. The City will provide the enrollment sheets by fax to the YMCA for the Instructors in advance of lessons start date. YMCA Representative The City of Grand Terrace Representative Date Date YMCA of Riverside City&County 4020 Jefferson Street Riverside, California 92504 909-689-9622 Fax 909-689-7543 www.riversideymca.o'rg YMCA Mission:To put Christian principles into practice through progr ams that build healthy spirit,nibid and body for all. Continued, MON-THURSIMON-THURS WED-FRIIMON-FRI MON-THURSIMON-THURS MON-THURSIMON-THURS SESSION I JUN19.29TH SESSION 2 JULY 5-JULY 14 SESSION 3 JULY 17-JULY(NO 3RD&4TH) 27 SESSION 4 JULY 31 -AUG 10 INST INST INST INST INST INST INST INST #1 #2 #1 #2 #1 #2 #1 #2 ^J LIFEGUARD LIFEGUARD LIFEGUARD LIFEGUARD ONE ONLY ONE ONLY ONE ONLY) ONE ONLY). MON-THURS/MON-THURS WED-FRIIMON-FRI MON-THURS/MON-THURS MON-THURS/MON-THURS SESSION I JUNE 19-29TH SESSION 2 JULY 5-JULY 14 SESSION 3 JULY 17-JULY 27 SESSION 4 JULY 31-AUG 10 (NO 3RD&4TH) Weekends JUNE JULY JULY JULY JULY JULY AUGUST 24& 25 1& 2 8& 9 15&16 22& 23 29&30 5&6 Thank you, Sandy O'Donnell c�Tr ROMP TER R C Community Services Department Staff Report MEETING DATE: May 11, 2006 CRA ITEM O COUNCIL ITEM (X) ' SUBJECT: REDLINING 290 FT OF CURBING IN FRONT OF 12269 MICHIGAN AND 22114 DE BERRY NO FUNDING REQUIRED (X). BACKGROUND The City of Grand Terrace received several complaints over the(past few months regarding vehicles parking in front of 12269 Michigan and 22114 De Berry. The parked vehicles are obstructing the views of resident's while they exit their driveways onto Michigan creating a traffic danger. Please see the attached map for specific details. The City's Traffic Engineer reviewed the situation and agreed that red striping needs to be added on the east side of Michigan at least 200-300 curb feet north`of De Berry. Letters were sent out to the property owners of 12251, 12269 Michigan and 22114 De Berry on April 19t', 2006 requesting approval of the red-lining in front of their homes. The homeowners at 12269 Michigan-Mr. Larry Leathers and 22114 De Berry—Mr. Bill Hays have agreed in writing to allow the city to redline the curb. Mr. Donald Farley representing the property at 12251 did not agree to the proposal. RECOMMENDATION: STAFF RECOMMENDS COUNCIL TO ALLOW THE CITY MAINTENANCE STAFF TO PAINT A RED ZONE FROM THE NORTH EAST CORNER OF DE BERRY ON MICHIGAN TOWARD BARTON ROAD, 290 FT, NOT INCLUDING THE PROPERTY AT 12251 MICHIGAN. ,0"UP NCIL AGENDA ITEM N® g , e'S r �,4 ;`tk,l�.T�`a�f�^ „�"�y;� 3 •r �h�1'« ,�',?� s•x/".'`",`��' #rAu>_ .�c1i :� 4r' rY �AS� '7 §. a• �"'N C.'�•';A�'r�t��',7- ,�: � !:' 3,xr w �"� r,.--t.,a�,` r ,J"-61 � a` is• r •�a A �fi1 '+#�u",'Py;!'",..,' "�.r�;m„�.° , )„Sy"As f �tjr„•r..w n �'t., r .+ .i 'Z z �r�. ,.r,! w'�. ..r. •r r, '. W 'f..- � `�",r �"' �• .,1 a .3.U. :tE •'� •;;Y' ;,r• �.. q s' "^s..'� E�� .. r w3+• ,[ .``,�Z k � ,;,�� . a !'sw,. .,, Tv +"• ^" "'�+': ,!. ,. ``; )3� •... +p i�a ," ` " '-..r ?,r !.». ' '1 ya"t vrw.. ,,, y ,-'_',j.--7'-- _. ..a x,�.. ,w.: yt�,1r" "^c' .t� r < e. :t`f .:1�y,c. r .:.,:'.. M' •7, w`^ 1::•. " _"�•' `'�,:: ••"3 ` t' t��'. E"!S..Y.• .q'^- .Y'SJ'G !.!,',Z^'�y .'}'• t� t wx^'1;s.. r_.:. �,aa�, :'7'•x .Y'"'G. 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'` r 1 t; $��.y�,,'�: { r-„!•r� Q"` � ''�".� �,� k>ka. � }� ,y4 .+£y v�' � r+A x. �..e �?4,r • 'n.J ry r ex ':�" 4;r1.- 'P j •!fir y .J,:y:'Q; � �.t�.itl � Y ,# �" jj� C= '"�e'�.,`x•J- «+�' "'4t,�: �'S ! 5: ./..•9' {j] fx !,•t Ay ll,.Y'r'•w '11 ...jY' ..�i�+,rl�, rJr.» �._ f; f`' 1 > `y ,may" +`_." 3 K*;' f e `Y1„I`,j• .n ..7 ��. u�� r`l�r'^ir.+:,u, J� �� , ��✓r;� 1 f "�f � •� �}hh,"' �*�,� � .-,`s ) xl�,«r;*wywi• i"4,..t w,h• a� {`,r� :'.•6At -.+r• �+ /i,.�j�,.r;•--.•,-..:.�G a..t�* „ •i�� f�,'w`'•s d��llw�r<�" ; .. a' �"�Sly r 7,� Y h';t1�� y � IS, DATE: May 11,2006 W.O.#12-9.1277 CSOMMUNj?' :: . .. �� :STAFF ItEP0RT::e':. t y w> O V GROND TERR E CRA () COUNCIL ITEM (X) MEETING DATE: May 11, 2006 FUNDING REQUIRED X NO FUNDING REQUIRED H o�s� G UI DEPARTMENT OF FUND : CRA Capital Projects,Account No. 32-600-213. -_,UILDING &SAFETY, PUBLIC WORKS SUBJECT: Revise the existing Contract between San Bernardino County, AND HOUSING City of Colton and Grand Terrace for the construction-of a traffic signal and minor modifications at the intersection of La 22795 Barton Road Suite B Cadena Drive and Barton Road. San Bernardino County- Grand Terrace Contract No. 04-843. California 92313-5295 Civic Center LOCATION: Intersection of Barton Road, La Cadena Drive and Palm (909) 825-3825 Avenue. Fax(909) 825-7506 BACKGROUND: ' On June 24, 2004, the City Council entered into a contract with the County of San Bernardino and the City of Colton for the construction of a traffic signal and a left turn extension at the corner of La Cadena Drive and Barton Road. Since that time,the City of Colton has completed an annexation on a portion of the project area located in San Bernardino County. San Bernardino County Public Works Department, along with the City of Colton Public Works Department and Grand Terrace Public Works Department have agreed to amend the original contract making the City of Colton the lead agency in the construction of the modifications and traffic signal.This combined agreement between jurisdictions will require that the original contract be amended and signed by each jurisdiction involved. The total project cost is estimated to be $380,000.00. San Bernardino County cost is not to exceed$150,000.00,which includes prior costs incurred by the County for preliminary engineering,right of way, and the purchase of signal poles. The City of Colton's share of the project cost is estimated at$160,000.00,and Grand Terrace's share of the project costs is not to exceed$70,000.00,as was agreed too on the original contract attached as Exhibit "A." The new contract Exhibit `B" deletes Sections 1.2 through 1.8 which placed San Bernardino County as the lead agency providing plans, permits, etc. The City of Colton will' now be responsible for the items deleted. There are no changes in .the amended contract for Grand Terrace. Page 1 �fO�2MC�� AGENDA MOBMOB ��6.�� t" i i RECOMMENDATIONS: 1.) Review and sign the amended contract attached as Exhibit `B" between San Bernardino County, City of Colton, and Grand Terrace for construction of a new traffic signal to include minor modifications to the intersection of Barton Road and La Cadena Drive.Also construct a north-bound acceleration lane on Barton Road at Palm Avenue including queuing at the intersection of Palm Avenue and La Cadena Drive. 2.) Direct city Staff to forward the amended contract to San Bernardino County Board of Supervisors for approval. LaCadenaPalmSignalstaffieport.wpd i i I Page 2 of 2 i FOR COUNTY USE ONLY * IV I New Vendor Code Dept. Contract NumtLer Change SC TRA IA N � Cancel ,000o NTy County Department Dept. Orgn. Contractor's License No. i SAN BERNARDIN Public Works—Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount MAZI N KASEY 387-8166 LEAD AGENCY—NO ENCUMBRANCE Contract Type ❑ Revenue ❑ Encumbered ® Unencumbered ❑ Other: If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date,Contract End Date Original Amount This Amendment C UNTY OF SAN BERNARDINO Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Orig.Amount SAA TRA TRA 200 2445 17H13421 FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount STANDARD CONTRACT Project Name Estimated Payment Total by Fiscal Year BARTON ROAD(CD- FY Amount I/D FY Amount I/D APPROVED BY LA CADENA DRIVE CITY C9U14) AIL Contract Type-Special —' — Date ,(L.� — — Item# (Risk.Management Approved) HIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name and Name CITY OF COLTON CITY OF GRAND TERRACE ` Address Address dress NORTH LA CADENA DRIVE 22795 BARTON ROAD COLTON, CA 92324 GRAND TERRACE, CA 92313 Telephone Federal ID No.or Social Security No. Telephone Federal ID No.or Social Security No. (909) 370-5065 (909) 824-6621 i IT IS HEREBY AGREED AS FOLLOWS: (Jse space below and additional bond sheets. Set forth service to be rendered, amount to be paid,manner of payment, time for performance or completion, etermination of satisfactory performance and cause.for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.) WITNESSETH VVHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the CITY OF COLTON (hereinafter•referred to as COLTON), and the CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) desire to cooperate and jointly participate in a project to install a traffic signal, make minor modifications to the intersection of Barton Road and La Cadena Drive, and construct a north-bound acceleration lane on Barton Road at Palm Avenue including queuing at the intersection of Palm Avenue and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS, the.PROJECT will be of mutual benefit to the COUNTY, COLTON, and GRAND TERRACE; and Auditor/Controller—Recorder Use Only ?D Contract Dd�at3ase FAS '_:inputflaie` : ,,; Keyea By Page 1 of 9 ' WHEREAS, it is anticipated that the funding for the.construction phase of the PROJECT will be from COUNTY road funds, COLTON local funds, and GRAND TERRACE local funds; and WHEREAS, the total project cost is estimated to be $380,000, COUNTY's share of project cost is estimated at $150,000 (39.47%), COLTON's share of project cost is estimated.at $160,000 (42.11%), and GRAND TERRACE's share of project cost is estimated at $70,000 (18.42%), as more particularly set forth in Exhibit"A", attached hereto and-incorporated herein by reference; and WHEREAS, COUNTY, COLTON, and GRAND TERRACE desire to set forth responsibilities and obligations of each as pertains to such participation and to the design, construction, and funding of the proposed project. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY.AGREES TO: 1.1 Act as the Lead.Agency in the design and 'construction of the PROJECT. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by COLTON and GRAND TERRACE. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by COLTON and GRAND TERRACE, and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of COLTON and GRAND TERRACE. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the unincorporated area of the PROJECT site. 1.5 Obtain a no-cost permit from COLTON and GRAND TERRACE for work within the respective right-of-way of each. 1.6 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with the.California Public Contract Code. 1.7 Require its contractors to maintain 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 $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement and Comprehensive General Liability and Automobile Liability Insurance to include contractual_coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) and shall name COLTON, GRAND TERRACE, and the COUNTY as additional named insured. Waiver of Subrogation Riahts — Contractors 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: 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. I.B. Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COLTON and GRAND TERRACE. COUNTY shall provide copies of any records of inspection and materials testing to COLTON and GRAND TERRACE within ten (10) days of COUNTY's receipt of written demand from COLTON or GRAND TERRACE for such records. 1.9 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. COUNTY's proportionate share is 39.47% of the PROJECT costs, which is estimated at $150,000. COUNTY shall be responsible for the sum of$150,000, plus its proportionate share Page 2 of 9 of any PROJECT cost increases pursuant to Section 4.6 below-and pay such costs from COUNTY road funds. 1.10 Submit to COLTON an itemized accounting of actual PROJECT costs incurred by COUNTY to date-and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, and a, statement for COLTON's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting j by COUNTY, COLTON, and GRAND-TERRACE. 1.11 Submit to GRAND TERRACE an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, COLTON, or GRAND 4 TERRACE, and a statement for GRAND TERRACE's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 1 1.12 If right-of-way is needed, the COUNTY shall order title reports on such parcels. The costs shall be reimbursed by the parties dependent upon jurisdiction. 1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. 1.14 Include completion of any applicable NEPA and CEQA requirements. 2.0 COLTON AGREES TO: 2.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. COLTON's proportionate share is 42.11% of the PROJECT costs, which is estimated at $160,000. 2.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to the COUNTY for its work in COLTON's right-of-way. 2.4 Should COUNTY be unable to acquire the necessary right-of-way located within the limits of COLTON, then COLTON, in consultation with COUNTY, shall consider using the power of Eminent Domain to acquire any necessary rights-of-way at a public hearing noticed and conducted in accordance with California Code of Civil Procedure, Section 1245.235 for the purpose of considering the adoption of a resolution of necessity. If COLTON elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COUNTY. The parties acknowledge and understand that this Agreement does not obligate COLTON in any way to use the power of Eminent Domain to acquire any rights-of-way within COLTON. COLTON's use of the power of Eminent Domain is conditioned by law upon certain findings and determinations that COLTON, in its sole discretion, must make in accordance with the California Code of Civil Procedure. COLTON makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within COLTON or of any actual Eminent Domain proceeding. In the event that COUNTY is unable to acquire the necessary right-of-way located within the limits of COLTON and COLTON is unable or unwilling to use Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. In the event of termination as provided herein, all PROJECT costs,required to be paid by the parties prior to the effective date of termination_shall be paid by the parties in the proportion provided herein. 2.5 After acceptance of the construction contract work by COUNTY, COLTON, and GRAND TERRACE, COLTON shall be responsible for 75% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 1.0 GRAND TERRACE AGREES TO: 3.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. Page 3 of 9 i i I � GRAND TERRACE's proportionate share is 18.42% of the PROJECT costs, which is estimated at$70,000. 3.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.11 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY-to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. 3.3 Provide a no-cost permit to the COUNTY for its work in GRAND TERRACE's right-of-way. 3.4 Should COUNTY be unable to acquire the necessary right-of-way .located within the limits of GRAND TERRACE, then GRAND TERRACE, in consultation with COUNTY, shall consider using the power of Eminent Domain to acquire any necessary rights-of-way at a public hearing r� noticed and conducted in accordance with California- Code of Civil Procedure, Section i 1245.235 for the purpose of considering the adoption of a resolution of necessity. If GRAND TERRACE elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COUNTY. The parties acknowledge and understand that this Agreement does not obligate GRAND TERRACE in any way to use the power of Eminent Domain to acquire any rights-of-way within GRAND TERRACE. GRAND TERRACE's use of the power of Eminent Domain is conditioned by law_upon certain findings and determinations that GRAND TERRACE, in its sole discretion, must make in accordance with the California Code of Civil Procedure. GRAND TERRACE makes no warranty or guarantee of the eventual "result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within GRAND TERRACE or of any actual Eminent Domain proceeding. In the event that COUNTY is unable to acquire the necessary right-of-way located within the limits of GRAND TERRACE and GRAND TERRACE is unable or unwilling to use Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. In the event of termination as provided herein, all PROJECT costs required to be paid by the,parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein. 3.5 After acceptance of the construction contract work by COUNTY, COLTON, and GRAND TERRACE, GRAND TERRACE shall be responsible for 25% of the cost of maintenance of the completed signalized intersection-associated with the PROJECT. 4.0 IT IS MUTUALLY AGREED: 4.1 COUNTY agrees to indemnify and hold harmless COLTON and GRAND TERRACE, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 4.2 COLTON agrees to indemnify and hold'harmless the COUNTY and GRAND TERRACE, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out'of any act or omission of COLTON, its officers, employees, agents or volunteers in connection with COLTON's performance of its obligations under this Agreement. - . 4.3 GRAND TERRACE'agrees to indemnify and hold harmless the COUNTY and COLTON, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of GRAND TERRACE, its officers, employees, agents or volunteers in connection with GRAND TERRACE's performance of its obligations under this Agreement. 4.4 In the event the COUNTY and/or COLTON and/or GRAND TERRACE is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or COLTON and/or GRAND TERRACE shall indemnify the other parties to the extent of,its comparative fault. Furthermore, if the COUNTY, COLTON, or GRAND TERRACE attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY, COLTON, and Page 4 of 9 i I GRAND TERRACE agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, COLTON, and GRAND TERRACE are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY, COLTON, and GRAND TERRACE warrant that through their programs of self-insurance, they have adequate Professional .Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY, COLTON, and GRAND TERRACE's performance of this Agreement. 4.6 The parties.acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices or change orders (but.not from unforeseen conditions or requested additional work by a party which are addressed in Section 4.8 below) over the estimated total PROJECT costs of $380,000 (which is the sum of $150,000 from COUNTY, $160,000 from COLTON, and $70,000 from GRAND TERRACE) shall be borne 39.47% by the COUNTY, 42.11% by COLTON, and 18.42% by GRAND TERRACE as part of the parties' respective obligations to i pay for PROJECT costs. 4.7 COUNTY shall notify COLTON and GRAND TERRACE of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, COLTON, and GRAND TERRACE shall determine the cost of the PROJECT.. In the event that any party intends to cancel this Agreement based upon the,bids or amount thereof, said party shall notify the other parties at a reasonable time so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 4.8 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the COUNTY, COLTON, and GRAND TERRACE were not aware of) will be paid by COUNTY, COLTON, or GRAND TERRACE in proportion to where the work actually lies. If COUNTY, COLTON, or GRAND TERRACE requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. i 4.9 If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, COUNTY may award the contract and notwithstanding any provision herein to the contrary the COUNTY, COLTON, and GRAND TERRACE shall pay for the cost of construction as provided by this Agreement. 4.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, COLTON, and GRAND TERRACE shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 4.11. In the event that change orders are required during the course of the.PROJECT, said change orders must be in form and substance as set forth in attached Exhibit °B" of this Agreement and approved by COUNTY, COLTON, and GRAND TERRACE. Contract Change Order forms will be delivered by fax and must be returned within two working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after COUNTY lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COLTON and GRAND TERRACE for their shares of the PROJECT. 4.14 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by all parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, COLTON, and GRAND TERRACE concerning the Page 5 of 9 I I interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 4.16 Time is of the essence for each and every provision of this Agreement. 4.17 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.18 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all parties. 't 4.1.9 No waiver of any default shall constitute a waiver of any other default or brief, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other parties any contractual rights by custom, estoppel, or otherwise. 4.20 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal,' or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated. 4.21 This Agreement may be signed in counterparts, each of which shall constitute an original. 4. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all parties. Page 6 of 9 i i IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. CITY OF COLTON CITY OF GRAND TERRACE (Print or name of corporation,company,contractor,etc.) (Print or We name of.corporation,company,contractor,etc.) BY ► o (Authorized signature-sign 4 r.&A fz in blue ink) utho 7d signature-sign in blue ink) Name Deirdre H. Bennett Name Mar tta Ferre (Print or type name of person signing contract) (Print or type name of person signing contract) Pro Temor Title Mayor Title Mayor _ (Print or Type) (Print or Type) Dated: -7-i'3 -O Dated: June 24, 2004 Address 650 NORTH LA CADENA DRIVE Address 22795 BARTON ROAD COLTON, CA 92324 GRAND TERRACE, CA 92313 COUNTY OF S BERMRDIN Dennis ansberger, dhairman, Soard of Supervisors ated: AUG 1 0 2004 IGNED AND CERTIFIED THAT A COPY OF THIS OCUMENT HAS _ ED TO THE CHAIRMAN OF OOA^ f Supervisors p o n emardino. Y pproved as to al jjlj Reviewed by Co�:717A- ou pliance Presented t OS for Signature 10. Counsel Dep meat ead ate 7 Z L/ Date �� 7" Date Page 7 of 9 i i ' EXHIBIT "A" ' ESTIMATE OF PROJECT COSTS FOR CITY OF COLTON/CITY OF GRAND TERRACE/SAN BERNARDINO COUNTY FOR TRAFFIC SIGNAL INSTALLATION IN THE COLTON/GRAND TERRACE AREA DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF CITY OF %OF COST OF SAN PROJECT COLTON PROJECT GRAND PROJECT PROJECT BERNARDINO COUNTY SHARE COLTON TERRACE GRAND SHARE SHARE TERRACE Intersection of Traffic Signal Barton Road $380,000 $150,000 39.47% ° ° Installation and La $160,000 42.11/o $70,000 18.42/° Cadena Drive TOTAL $380,000 $150,000 39.47% $160,000 42.11% $70,000 18.42% PROJECT costs may be increased or decreased based on accepted contractor's bid. Increases due to a contractor's accepted bid will be allocated COUNTY 39.47% COLTON 42.11% GRAND TERRACE 18.42% Page 8 of'9 1 • EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: BARTON ROAD @ LA CADENA DRIVE SAN BERNARDINO COUNTY CONTRACT# I ' File:H13421 I Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Cotton,City of Grand Terrace,and Cou i ty of San Bernardino for the above project and the following shall apply: DATE OF CITY OF COLTON ACTION: ❑APPROVED for Implementation with 100%Participation by CITY OF COLTON ❑APPROVED Subject to Comments/Revisions Accompanying This Document �} I ❑APPROVED With Limited Funding Participation by CITY OF COLTON ❑ %of Actual Cost to be Funded by CITY OF COLTON ❑CITY OF COLTON Participation Not to Exceed$ ❑DISAPPROVED-Not Acceotable.to CITY OF COLTON DAT OF CITY OF GRAND TERRACE ACTION: ❑APPROVED for Implementation with 100%Participation by.CITY OF GRAND TERRACE ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by CITY OF GRAND TERRACE ❑ %of Actual Cost to be Funded by CITY OF GRAND TERRACE ❑CITY OF GRAND TERRACE Participation Not to Exceed$ ❑DISAPPROVED-Not Acceptable to CITY OF GRAND TERRACE DATE OF COUNTY OF SAN BERNARDINO ACTION: ❑APPROVED for Implementation with 100%Participation by COUNTY OF SAN BERNARDINO ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO ❑ %of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO ❑COUNTY OF SAN BERNARDINO Participation Not to Exceed$ ❑DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO Not : Approval under any of the above condiSons shall in no case be construed as agreement to increase the total financial participation.beyond that prescribed In the existing COUNTY OF SAN BERNARDINO,CITY OF COLTON,and CITY OF GRAND TERRACE agreements without separate ameQQQdment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total com traction costs to exceed the sum of the authorized contract total and contingency amounts. Comments,as follows and/or attached,are conditions of the above action? ❑YES ❑NO i • CI OF COLTON SIGNATURE: CITY OF GRAND TERRACE SIGNATURE: I CITY OF COLTON TITLE: CITY OF GRAND TERRACE TITLE: COUNTY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO TITLE: Distr bution: Sign Original Returned to Colton Resident Engineer(FAX#909-370-5154)and Grand Terrace Resident Engineer(FAX*909-783-7629),and County of San Bern 3rdino Resident Engineer(FAX#909-387-7927) Sign d Original for CITY OF COLTON,CITY OF GRAND TERRACE,and COUNTY OF SAN BERNARDINO Files j Page 9 of 9 I i i i I FOR COUNTY USE ONLY * X New Vendor Code 11A Contract Number Change SC CUDCancel GOlJhlry County Department Dept. Orgn. Contractor's License No. AN BERN G:M Public Works—Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount MAZI N KASEY 387-8166 LEAD AGENCY—NO ENCUMBRANCE ca=t, Contract Type ❑ RPvP.nm- ❑ Fnrumhared ❑X ttnencumhered ❑ Other- If not encumbered or revenue contract type,provide reason: ,u3 Commodity Code Contract Start Date Contract End Date Original Amount This Amendment COON OF SAN BERNARDINO Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount SAA TRA TRA 200 2445 171-113421 FAS Fund Dept. Organization. Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amourny STANDARD CONTRACT N Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB o. Orig.Amount Project Name Estimated Payment Total by Fiscal Year BARTON ROAD FY Amount I/D FY Amount I/D LA CADENA DRIVE Contract Type-Special j (Risk Management Approved) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and N ame and Name CITY OF COLTON CITY OF GRAND TERRACE Address Address 650 NORTH LA CADENA DRIVE 22795 BARTON ROAD COLTON, CA 92324 GRAND TERRACE, CA 92313 Telephone Federal ID No.or Social Security No. Telephone Federal ID No.or Social Security No. 909 370-5065 (909) 824-6621 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the CITY OF COLTON (hereinafter referred to as COLTON), and the CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) have previously entered into Contract No. 04-843, wherein the parties agreed to jointly participate in a project to install a traffic signal, make minor modifications to the intersection of Barton Road and La Cadena Drive, and construct a north-bound acceleration lane on Barton Road at Palm Avenue including queuing at the intersection of Palm Avenue and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS, COLTON has annexed the portion of the PROJECT area which was formerly under the jurisdiction of the COUNTY. NOW, THEREFORE, inconsideration of mutual covenants and conditions, the parties hereto agree to amend Contract No. 04-843 to read as follows: WHEREAS, the COUNTY, the CITY OF COLTON (hereinafter referred to as COLTON), and the CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) desire to cooperate Au itor/Controller—Recorder Use Only } ' ContractfData,-e;, ` . . . .:. ..:b: Page 1 of 9 I,1ppi Date'- KeyQd By. i and jointly participate in a project. to install a traffic signal, make minor modifications to the intersection of Barton Road and La Cadena Drive, and construct a north-bound acceleration lane on Barton Road at.Palm Avenue including queuing .at the intersection of Palm Avenue. and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT will be of mutual benefit to the COUNTY, COLTON, and GRAND TERRACE; and WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will be from COUNTY road funds, COLTON local funds, and GRAND TERRACE local funds; and WHEREAS, the total PROJECT cost is estimated to be $380,000. COUNTY's share of PROJECT cost is not to exceed $150,000, which includes costs incurred by COUNTY for preliminary engineering, right of way, and purchase of signal poles (estimated at a total of $120,000) and a contribution toward PROJECT construction costs for the balance of the COUNTY's $150,000 share (estimated at $30,000). COLTON's share of PROJECT cost is estimated at $160,000 and GRAND TERRACE's share of PROJECT cost is not to exceed $70,000, as more particularly set forth in Exhibit "A", attached hereto.and incorporated herein by reference; and WHEREAS, COUNTY, COLTON, and GRAND TERRACE desire to set forth responsibilities and obligations of each as pertains to such participation and to the design, construction, and funding of the proposed project. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Provide COLTON with all design work, plans, and specifications completed by COUNTY for this PROJECT. 1.2 Delete 1 1.3 Delete 1.4 Delete 1.5 Delete 1.6 Delete 1.7 Delete 1.8 Delete 1.9 COUNTY's financial obligation,.under this Agreement is not to exceed $150,000, including costs incurred by COUNTY for preliminary engineering, right-of-way, and purchase of signal poles (estimated at a total of $120,000), and a contribution to COLTON toward PROJECT construction costs for the balance of the COUNTY's $150,000 share (estimated at $30,000). Payment to COLTON shall be on a reimbursement basis, made within thirty (30) days after receipt of an itemized statement as set forth in Section 2.10 of this Agreement setting forth all actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. COUNTY shall have no obligation to pay any amount in excess of.$150,000 for- this PROJECT regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 1.10 Upon receipt of an invoice from COLTON, COUNTY shall provide COLTON with a statement indicating the costs incurred by COUNTY for this PROJECT as of the date the first amendment to this Agreement is approved, by the COUNTY Board of Supervisors. COUNTY shall then pay to COLTON the difference between the PROJECT costs incurred by COUNTY and $150,000. This difference is estimated at $30,000. 1.11 Delete 1.12 Delete 1.13 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the Page 2 of 9 PROJECT, which included ordering title reports, contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. COUNTY will not seek reimbursement from COLTON or GRAND TERRACE for any right-of-way costs incurred by the COUNTY for those areas under the jurisdiction of COLTON or GRAND TERRACE. 1.14 Delete 2.0 COLTON AGREES TO: 2.1 Act as the Lead Agency in the design and construction of the PROJECT. 2.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by COUNTY and GRAND TERRACE. 2.3 Construct the PROJECT by contract in accordance with the plans and specifications completed 'by COUNTY, which have been reviewed and approved by COLTON and GRAND TERRACE, and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of COUNTY and GRAND TERRACE. 2.4 Obtain a no-cost permit from GRAND TERRACE for work within GRAND TERRACE's right-of- way. 2.5 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with the California Public Contract Code. 2.6 Require its contractors to maintain 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 $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement. Comprehensive General Liability Insurance to include contractual coverage and Automobile Liability Insurance to include coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) and shall name COLTON, GRAND TERRACE,. and the COUNTY as additional named insured. Waiver of Subrogation Rights — Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against COLTON, GRAND TERRACE, and the COUNTY, and their officers, employees, agents, volunteers, contractors and subcontractors. 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 COLTON, GRAND TERRACE, and the COUNTY. 2.7 Provide adequate inspection of all items of work performed under the construction contract(s) with COLTON's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COUNTY and GRAND TERRACE. COLTON shall provide copies of any records of inspection and materials testing to COUNTY and GRAND TERRACE within ten (10) days of COLTON's receipt of written demand from COUNTY and GRAND TERRACE for such records. 2.8 Pay for its share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. COLTON's proportionate share is estimated at $160,000. COLTON shall be responsible for the sum of $160,000, plus any PROJECT cost increases pursuant to Section 4.6 below. 2.9 Submit to GRAND TERRACE an itemized accounting of actual PROJECT .costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE. GRAND TERRACE shall pay an amount not to exceed $70,000 in total for all work related to this PROJECT. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 2.10 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE. COUNTY shall provide COLTON with a statement indicating the costs incurred by COUNTY for this PROJECT as of the date the first amendment to this Agreement is approved by the COUNTY Board of Supervisors. COUNTY shall then pay to COLTON the difference between Page 3 of 9 i the PROJECT costs incurred by COUNTY and $150,000. This difference is estimated at $30,000. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 2.11 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the PROJECT. If additional right-of-way is needed, COLTON shall order title reports -on such parcels. The costs shall be reimbursed by COLTON or GRAND TERRACE dependent upon jurisdiction. In addition, COLTON shall provide services to acquire any additional right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes. and easements including improvements. 2.12 Include completion of any applicable NEPA and CEQA requirements. 2.13 After acceptance of the construction contract work by COLTON and GRAND TERRACE, (y 1 COLTON shall be responsible for 75% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 3.0 GRAND TERRACE AGREES TO: 3.1 Delete 3.2 Pay to COLTON an amount not 'to exceed $70,000 in total for all work related to this PROJECT. Payment shall be on a reimbursement basis, made within thirty (30) days after receipt of an itemized statement as set forth in Section 2.9 of this Agreement setting forth all actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures., GRAND TERRACE shall have no obligation to pay any amount in excess of $70,000 for this PROJECT regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 3.3 Provide a no-cost permit to COLTON for its work in GRAND TERRACE's right-of-way. 3.4 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the ,i PROJECT. If additional right-of-way is needed, COLTON shall provide services to acquire additional right-of-way. Should COLTON be unable to acquire the necessary right-of-way located within the limits of GRAND TERRACE, then GRAND TERRACE, in consultation with COLTON, shall consider using the power of Eminent Domain to acquire any necessary rights- of-way at a public hearing noticed and conducted.in accordance with California Code of Civil Procedure, Section 1245.235 for the .purpose of considering the adoption of a resolution of necessity. If GRAND TERRACE elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COLTON. The parties acknowledge and understand that this Agreement does not obligate GRAND TERRACE in any way to use the power of Eminent Domain to acquire any rights-of=way within GRAND TERRACE. GRAND TERRACE's use of the power of Eminent Domain is conditioned by law upon certain findings and determinations that GRAND TERRACE, in its sole discretion, must make in accordance with the California Code of Civil Procedure. GRAND TERRACE makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within GRAND TERRACE or of any actual Eminent Domain proceeding. In the event that COLTON is unable to acquire the necessary right-of-way located within the limits of GRAND TERRACE and GRAND TERRACE is unable or unwilling to use-Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. 'In the event of termination as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein. 3.5 After acceptance of the construction contract work by COLTON and GRAND TERRACE., GRAND TERRACE shall be responsible for 25% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 4.0 IT IS MUTUALLY AGREED: Page 4 of 9 4.1 COUNTY agrees to indemnify and hold harmless COLTON and GRAND TERRACE,, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 4.2 COLTON agrees to indemnify and hold harmless the COUNTY and GRAND TERRACE, their officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COLTON, its officers, employees, agents or volunteers in connection with COLTON's performance of its obligations under this Agreement. 4.3 GRAND TERRACE agrees to indemnify and hold harmless the COUNTY and COLTON, their officers, employees,, agents, and volunteers from any and-all liabilities for injury.to persons and damage to property arising out of any act or omission of GRAND TERRACE, its officers, employees, agents or volunteers in connection with GRAND TERRACE's performance of its obligations under this Agreement. 4.4 In the event the COUNTY and/or COLTON and/or GRAND TERRACE is found to be ! comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or COLTON and/or GRAND TERRACE shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, COLTON, or GRAND TERRACE attempts to seek recovery from the other parties for Workers' Compensation benefits paid to_an employee, the COUNTY, COLTON, and GRAND TERRACE agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, COLTON, and GRAND TERRACE are self-insured public entities for.purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY, COLTON, and GRAND TERRACE warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY, .COLTON, and GRAND TERRACE's performance of this Agreement. 4.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices or change orders (but not from unforeseen conditions or requested additional work by a party which are addressed in Section 4.8 below) over the estimated total PROJECT costs of ! $380,000 (which is the sum of $150,000 from COUNTY, $160,000 from COLTON, and $70,000 from GRAND TERRACE) shall be borne entirely by COLTON. COUNTY and GRAND TERRACE shall have no obligation to pay any amount.in excess of the amounts given in this Agreement regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 4.7 COLTON shall notify COUNTY and GRAND TERRACE of the bids received and the amounts ! thereof. Within ten (10) days thereafter, COUNTY, COLTON, and GRAND TERRACE shall determine the cost of the PROJECT. In the event that any party intends to cancel this Agreement based upon the bids or amount thereof, said party shall notify the other parties at-a reasonable time so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 4.8 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the COUNTY, COLTON, and GRAND TERRACE were not aware of) :will be paid by COUNTY, COLTON, or GRAND TERRACE in proportion to where the work actually lies. If COUNTY, COLTON, or GRAND TERRACE requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 4.9 If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, COLTON may award the contract and notwithstanding any provision herein to the contrary the COUNTY, COLTON, and GRAND TERRACE shall pay for the cost of construction as provided by this Agreement. Page 5 of 9 4.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, COLTON shall have sole discretion to determine whether or not to award any contracts for the PROJECT, re-bid the PROJECT, or cancel the PROJECT. If COLTON decides to cancel the PROJECT under the terms of this Section, COLTON shall be solely responsible for the costs it incurred for' this PROJECT and shall not seek reimbursement from COUNTY or GRAND TERRACE for these costs. 4.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in attached Exhibit "B" of this Agreement and approved by COUNTY, COLTON, and GRAND TERRACE. Contract Change Order forms will be delivered by fax and must be returned within two working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after COLTON lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs incurred by COLTON prior to the effective date of cancellation shall be the sole responsibility of COLTON and COLTON shall not seek reimbursement from COUNTY or GRAND TERRACE for these costs. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COUNTY and GRAND TERRACE for their shares of the PROJECT. 4.14 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by all parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, COLTON, and GRAND TERRACE concerning the interpretation or enforcement of this Agreement, or which arises_ out of or .is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 4.16 Time is of the essence for each and every provision.of this Agreement. 4.17 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.18 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all parties. 4.19 No waiver- of any default shall constitute a waiver of any other default or brief, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other parties any contractual rights by custom, estoppel, or otherwise. 4.20 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated. 4.21 This Agreement may be signed in counterparts, each of which shall constitute an original. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all parties. Page 6 of 9 i f IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. CITY OF COLTON CITY OF GRAND TERRACE (Print o type name of corporation,company,contractor,etc.) (Print or type name of corporation,company,contractor,etc.) I B ► (Authorized signature-sign in blue ink) y (Authorized signature-sign in blue ink) Name Name (Print or type name of person signing contract) (Print or type name of person signing contract) Title Title (Print or Type) (Print or Type) Dated: Dated: Address 650 NORTH LA CADENA DRIVE Address 22795 BARTON ROAD COLTON, CA 92324 GRAND TERRACE, CA 92313 I ICOU TY OF SAN BERNARDINO f i Dennis Hansberger, Chairman, Board of Supervisors I Dated: SIGN D AND CERTIFIED THAT A COPY OF THIS DOC IMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. By Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► County,Counsel Department Head Date Date Date I i Page 7 of 9 i REVISED EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF COLTONXITY OF GRAND TERRACE/SAN BERNARDINO COUNTY FOR TRAFFIC SIGNAL INSTALLATION IN'THE COLTON/GRAND TERRACE AREA DESCRIPTION LIMITS TOTAL COUNTY OF CITY OF CITY OF COST OF SAN COLTON GRAND PROJECT BERNARDINO SHARE TERRACE SHARE SHARE Intersection of Traffic Signal 'Barton Road Not to Not to Installation and La $380,000 Exceed $160,000 Exceed Cadena Drive $150,000 $70,000 Not to Not to TOTAL $380,000 Exceed $160,000 Exceed $150,000 $70,000 PROJECT costs may be increased or decreased based on accepted contractor's bid. r�. Page 8 of 9 i EXHIBIT "B" CONTRACT CHANGE ORDER REVIEMAPPROVAL PROJECT: BARTON ROAD @ LA CADENA DRIVE SAN BERNARDINO COUNTY CONTRACT# File:H13421 Proposed ontract Change Order No. has been reviewed in accordance with the existing agreements with the City of Colton,City of Grand Terrace,and CouInty of an Bernardino for the above project and the following shall apply: DATE OF ITY OF COLTON ACTION: APPROVED for Implementation with 100%Participation by CITY OF COLTON j1 APPROVED Subject to Comments/Revisions Accompanying This Document I APPROVED With Limited Funding Participation by CITY OF COLTON .` ❑ %of Actual Cost to be Funded by CITY OF COLTON [].CITY OF COLTON Participation Not to Exceed$ • DISAPPROVED-Not Acceptable to CITY OF COLTON DATE OF ITY OF GRAND TERRACE ACTION: APPROVED for Implementation with 100%Participation by CITY OF GRAND TERRACE [�]APPROVED Subject to Comments/Revisions Accompanying This Document 0 APPROVED With Limited Funding Participation by CITY OF GRAND TERRACE ❑ %of Actual Cost to be Funded by CITY OF GRAND TERRACE ❑CITY OF GRAND TERRACE Participation Not to Exceed$ DISAPPROVED-Not Acceptable to CITY OF GRAND TERRACE DATE OF OUNTY OF SAN BERNARDINO ACTION: 0 APPROVED for Implementation with 100%Participation by COUNTY OF SAN BERNARDINO 0 APPROVED Subject to Comments/Revisions Accompanying This Document APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO ❑ %of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO ❑COUNTY OF SAN BERNARDINO Participation Not to Exceed$ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO I Note: Ap roval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribec I in the existing COUNTY OF SAN BERNARDINO,CITY OF COLTON,and CITY OF'GRAND TERRACE agreements without separate amendMei it to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total cons,tructi n costs to exceed the sum of the authorized contract total and contingency amounts. Comments as follows and/or attached,are conditions of the above action? ❑YES ❑NO I I I CI OF C DLTON SIGNATURE: CITY OF GRAND TERRACE SIGNATURE: CITY OF C DLTON TITLE: CITY OF GRAND TERRACE TITLE: COUNTY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO TITLE: Distribution Signed Ori inal Returned to Colton Resident Engineer(FAX#909-370-5154)and Grand Terrace Resident Engineer(FAX#909-783-7629), and County of San Bernardino IResident Engineer(FAX#909-387-7927) Signed Ori inal for CITY OF COLTON,CITY OF GRAND TERRACE,and COUNTY OF SAN BERNARDINO Files . I I I I Page 9 of 9 I c1Tp . CITY MANAGER' S DEPARTMENT �+RAND TERRC STAFF REPORT CRA ITEM O COUNCIL ITEM (X) MEETING DATE: May 11, 2006 SUBJECT: SUB-LEASE WITH GRAND TERRACE LIONS CLUB FUNDING REQUIRED NO FUNDING REQUIRED XX The City has entered into a 2 year extension of the Community Center lease with the Colton Joint Unified School District(CJUSD). That agreement has been approved by(CJUSD)and the next step is to renew the City's sub-lease with the Grand Terrace Lions Club. As in the past the Community Service Building accommodates groups and activities such as the Lions Club, Grand Terrace Women's Club,Boy Scouts,Girl Scouts,Bluebirds, 5'District P.T.A., dancing groups, community meetings, and garden clubs. STAFF RECOMMENDS THAT: COUNCIL APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE THE ATTACHED SUB-LEASE AGREEMENT WITH THE GRAND TERRACE LIONS CLUB FOR THE PURPOSE OF PROVIDING ACCOMMODATION OF'VARIOUS COMMUNITY ACTIVITIES AT THE COMMUNITY CENTER. f C0LJ)'%PC1L AGENRDA ITEM NO.! 3� i I I - LEASE AGREEMENT THIS AGREEMENT is entered into this I Vh day of May 2006,by and between the CITY OF GRAND TERRACE,hereinafter referred to as"City",and the GRAND TERRACE LIONS CLUB, hereinafter referred to as"Lessee." In consideration of the premises,it is mutually agreed by and between both parties hereto as jfollows,to wit: 1. PREMISES—City agrees to lease to Lessee those premises known as the Grand Terrace Senior Citizens/Community Services Center,more accurately described on Exhibit"A" attached hereto and incorporated herein. 2. RENT—Lessee shall pay City as rent for said premises the sum of$101.00 per year for each year of said lease. Said rental payments shall be payable in advance in annual installments,and the first payment hereunder shall be paid upon the commencement of this Lease. 3. USE OF PREMISES—Lessee,during the term herein provided or any extension thereof shall use said premises as a community services center to accommodate civic groups such as,but not limited to,Grand Terrace Lions Club,Grand Terrace Women's Club,Boy Scouts,Girl Scouts,.Bluebirds,PTA,City recreation programs,dancing groups, community meetings,garden clubs,Grand Terrace Chamber of Commerce;and the facility shall be granted to civic groups free of charge,except,when one of the groups mentioned desires to,make a charge for a function,that group would be expected to pay, on a schedule basis,a reasonable rental fee for the facility. No political activities shall be conducted on the premises under this Agreement. 4. CARE,OF PREMISES—Lessee shall be-responsible for and shall supply all necessary and ordinary care,maintenance,and repair of all equipment,grounds,building,and improvements now or hereafter placed on said premises,and all necessary and ordinary custodial,janitorial,gardening,and other services for said premises. j5. UTILITIES—Lessee shall procure and pay for all utilities furnished to the.premises and improvements thereon. 6. INSURANCE-Lessee will,at all times during the life of this Agreement and at its own expense,procure and maintain in force fire protection insurance on building only,no contents. The Colton Unified School District will provide fire insurance on the premises and Lessee agrees to reimburse said School District for the cost of said insurance. Lessee to provide a Certificate of Insurance naming the City as an additional named insured in an amount of not less than$1,000,000.00 for public liability for anyone. The-insurance requirements herein may be adjusted annually to reflect new insurance requirements of City. 7. TERM This Lease Agreement shall be for a period of two(2)years. At the expiration of this period Lessee shall have the option to extend this Lease Agreement for an additional two(2)year period by giving written notice of said intent to City at least.(30) days prior to said expiration. 8. HOLD HARMLESS—Lessee agrees to indemnify and hold harmless City from any operations of Lessee as provided for in this Agreement. Lessee further agrees to indemnify and hold harmfess City against any negligent actions or omissions caused by Lessee,its agents or employees,and any costs and expenses incurred by the respective parties on account of any claim arising from this Agreement or from Lessee's operations hereunder. Lessee and employees against negligent actions or omissions caused by I . I I Lessee,its parties on account of any claim therefore. Lessee further agrees to indemnify and hold harmless City from any and all damages to premises as a result.of any cause whatsoever during the period of this Lease-Agreement. 9. GENERATED FEES—The Lessee shall use any monies gained from use of building first for maintenance of the facility as set out herein;and any funds remaining shall be used for worth while,non-profit,civic purposes. 10. IMPROVEMENTS—Before constructing or installing any permanent structures, facilities,or improvements on said premises,Lessee shall obtain written consent of the City Manager of the City. Said City Manager°shall give consent,unless such structures, facilities,or improvements will unreasonably interfere with the use of any other public improvement or facility. 11. TERMINATION—Either party hereto may terminate this Agreement for any of the terms hereof,by giving thirty(30)days written notice to the other party. This agreement was executed on the year and day first above written. CITY OF GRAND TERRACE GRAND TERRACE LIONS CLUB By By Mayor President ATTEST: ATTEST: By: By: City Clerk Secretary Approved As to Form City Attorney EXHIBIT"A" LEASE AGREEMENT GRAND TERRACE SENIOR CITIZENS/COMMUNITY SERVICES CENTER 22140 Barton Road Grand Terrace,California 92324 Located within the confines of: TERRACE UNION SCH DIST OF S B CO RESUB OF GRAND TERRACE PTN LOTS 1 AND 2 BLK F LYING SELY OF STATE HGWY OR SELY OF A LI DESC AS COM AT A PT 90.51 FT E OF INTERSECTION E LI LA CROSSE AVE AND N LI PALM AVE TH N 36 DEG 28 MIN W 65.25 FT TH N 36 DEG 35 MIN 38 SECONDS 3 474.13 FT TH N 40 DEG 44 MIN 06 SECONDS E 409.64 FT TO SWLY LI VIVIENDA AVE 8.77 AC M/L I LETTER OF TRANSMITTAL FROM: CITY OF GRAND TERRACE DATE: 22795 Barton Road Grand Terrace,CA 92324 Telephone.(909)430-2245 TO: ATTENTION: WE ARE SENDING YOU O Enclosed ()Under separate cover via the following items: TRANSMITTED: No.of Copies Title REMARKS: By RECEIVED Historical&Cultural Activities Committee MAY O 2 2006 Minutes for April 3, 2006 CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order at 7:12 p.m. by Chairman Pauline Grant. Those present were Pauline,Masako Gifford,Gloria Ybarra,City Clerk Brenda Mesa,Shelly Rosenkild,Ann Petta and Colleen Edmundson. Secretary's Report: The Minutes for March 6, 2006 were read and.approved on a motion by Ann, i seconded by Colleen. Motion carved. Treasurer's Report: The budget shows a balance of$944.03 and the Petty Cash balance is$246.76. Historical Report: Ann contributed a 1979 Legislative Handbook which belonged to her husband, Tony Petta when he was Mayor of Grand Terrace and also copies of the Grand Terrace Independent Living Newspaper dated October 1961. These items will be added to our historical collection. Old Business: Art Show-Ann advised that she is continuing to contact people for participation in the Art Show,which will be held on Sunday,May 7'from 1-:00 p.m.to 4:00 p.m. According to Ann, we now have fifteen applications and we need at least thirty participants. Applications for the Art Show are in the "Blue Mountain Outlook News Publication" and at City Hall. Information for the Art Show is being shown on cable also. Brenda handed Colleen fifty Art Show posters. Colleen will tend to distributing the posters to various businesses two weeks prior to the Art Show. Colleen stated that she will call the San Bernardino County Museum to inquire if they might have information concerning the restoration of Hannah's needlepoint portraits. The billboard workshop was re-scheduled for Monday,April 10'at 1:00 P.M. The meeting was adjourned at 7:45 p.m. The next meeting will be May 1, 2006. Respe tfully Submitted, �Glvna Ybarra 1 Secretary �` CITY OF GRAND TERRACE I E CRIME PREVENTION COMMITTEE SAY 0 2 �006 Regular Meeting MINUTES CITY OF GRAND TERRACE March 13,2006 CITY CLERK'S DEPARTMENT 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 Chairperson, Philomene Spisak, JoAnn Johnson, Dottie Rabom, Don Bennett, Lew Neeb, Debra Hurst, Richard Rollins and Pat Smith. MEMBERS ABSENT— None. CITY STAFF/SHERIFF'S DEPT.— Amber Emon, SSS GUESTS PRESENT—Mayor, Maryetta Ferre. INTRODUCTIONS - Were not necessary. AGENDA-was approved with motion by Pat Smith and second by Dottie Raborn. MINUTES for the meeting of February 13, 2006 were approved with motion by Dottie Raborn and second by Pat Smith. PUBLIC COMMENT—None. CORRESPONDENCE—None. UNFINISHED BUSINESS A. Swindles (to be changed to Criminal Activities) a. Notices stating that the individual had failed to report for Jury Duty and suggesting that for a fee the sender would see to it that the fine would be dropped. b. E-mails being received supposedly from the IRS indicating that the recipient should contact a certain phone number or site to straighten out the matter. B. Action Item to go to Council a. Letter from Council accepting Debra Hurst as Alternate Member. C. Grand Terrace Days a. The possibility of there being a motorcycle show instead of car show. b. Next meeting will be April 5`h at 2 p.m. D. Action Item: Jessica's Law Recommendation a. Several newspaper articles have been written and were circulated for the members to read. Several cities are working to enact the recommendations. NEW BUSINESS A. Crime Prevention Planning—Nothing new. i REPORTS A. Summary of Law Enforcement Activity a. Extensive report on crime reports in Grand Terrace over the last two weeks. b. Reports include GTA's and auto as well as residential and commercial burglaries. B. Citizen Patrol Report—Bob Stewart a. Hours for February were 237 making a total so far of 463 for 2006. b. Three people actually will attend Academy beginning this month. c. Three more will possibly be available once interviews are finished. d. Bob attended Commanders meeting last Saturday which was primarily aimed at assuring that all units were doing pretty much the same correct procedures. C. Other Community Programs—Nothing reported. D. Member Reports a. Richard has suggested that all parks be closed at dusk during July 4ch time. b. He indicated that fireworks are being purchased in Nevada and brought in. c. Extra deputies will be in service during the July 4ch time. d. He also noted that owners of any red light cameras receive the first$200 of any citations, which are around $350. e. Philomene related some of the activities that took place during a sweep of juveniles and stressed the back up we get from the Sheriff's Department. f. Lew reminded us that we must use our head lights whenever we need to use our windshield wipers. g. Philomene reported that the committee on fireworks had suggested a heavy fine on any fireworks citations. Also, additional patrols and a shorter sales and use period. ADJOURNMENT-There being no further business to discuss, the meeting was adjourned at 6:50 /p.m. Secre , JoAnn Johnson CITY OF GRAND TERRACE RECEIVED EMERGENCY OPERATIONS COMMITTEE MAY 0 3 2006 Regular Meeting MINUTES CITY OF GRAND TERRACE' April 4,2006 CITY CLERK'S DEPARTMENT 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 Chairperson, Vic Pfennighausen at 6:06 p.m. Agendas were distributed. ( MEMBERS PRESENT—JoAnn Johnson, Vic Pfennighausen, Dottie Raborn and Lew Neeb. MEMBERS ABSENT—Rich Haubert, Debra Hurst, Susan Taylor and Glenn Nichols. CITY STAFF—None GUESTS PRESENT/INTRODUCTIONS— Applicants Jim Vert and Randy Halseth.- CORRESPONDANCE/COMMUNICATIONS. —None. APPROVAL OF AGENDA motion by Dottie Raborn and second by Jim Vert who has attended several meetings. APPROVAL OF MINUTES OF MARCH 7,2006 Motion by Dottie Raborn and second by Jim Vert. LIAISON REPORT by Vic and JoAnn due to the absence of Steve Berry a. Dennis West will send someone on the 26`h to assist and present part of the program. b. Grand Terrace Days will be June P with parade at 9:30 and festival running until 3pm. c. Most of the activities will take place on the upper field with a chopper show.on the middle field. d. Most venders are being signed up by an organizer from Yucaipa. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Vests were shown and explained and are all ready for the exercise on the 26ch b. Vic has obtained a roll of"restricted"yellow tape to be used in the exercise and also for any real emergencies that may occur. c. Vic thanked those who had been helping with notebooks and boxes for the activation. Much must be done to update and prepare for activation. d. Vic has been working with Tracy to get a disc with some confidential information for both the lap top and desk top computer. UNFINISHED BUSINESS a. E-mail has been received from Gary Bush from Station 23 indicating it may be possible to have CERT training locally. b. There will be a meeting on April 13th at 1:30 to plan the activation. Any EOC member who can is urged to attend that meeting. i NEW BUSINESS a. New member Randy Halseth indicated that he may be able to help out on Mondays from 1 to 3 pm when Vic and JoAnn normally work. Phone calls will be made to confirm. b. Applications from both Jim Vert and Randy Halseth were considered. Vic made the motion to accept and Dottie seconded. c. The secretary will send action items for council action on .April 13a'. d. New member Randy Halseth asked what was expected of committee members. e. Vic indicated that participation in special activities such as the activation was important. f. When Randy said that he was a real "hands on,handy man"type, Vic enumerated some of the things that needed to be done on a regular or ongoing basis that he needed help ! with. g. Five portable generators need extensive.servicing and testing. Two pumps at present need to be tested. 1 OKW generator which will furnish power to two buildings for 3 days needs to be serviced and tested periodically. 120 gallons of diesel fuel monitored. Radio equipment must be kept in operating condition. The EOC trailer has to be maintained including the Honda 4KW generator. h. All the Office-in-a-Box's must be kept up to date re information in note books. Plus, other items in each box must be checked to determine that all is in good condition. TRAINING/SPEAKERS—Nothing planned at this time. ADJOURNMENT at 6:45 p.m. i r I , i J_oAnn Johnson, Secretary , NEXT MEETING WILL BE TUESDAY,MAY 2, 2006 AT 6 P.M. I i i Community'and Economic Development Department CALIFORNIA _5r - - -- - - - - - - - - �R EPORT��-1 _FF Zf s`T - % r.. i t t•y , CRA ITEM ( COUNCIL ITEM (X ) MEETING DATE: May 11, 2006 FUNDING REQUIRED: ( ) NO FUNDING REQUIRED ( X ) SUBJECT: Appeal of Planning Commission's approval of SA-06-02, V-06-01, and E-06-02 for the construction of a two-story commercial/industrial building on a 2.4 acre site for ESSCO Electric. RECOMMENDATION: Deny the appeal and uphold the decision to approve the project. Background: On.April 6, 2006, the City Planning Commission held`a public hearing for Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02 for the construction of a two-story commercial/industrial building.for ESSCO`Electric. ESSCO seeks to expand its facility as a result of increased sales while remaining in Grand Terrace. They have acquired approximately 2.4 acres on the south side of Commerce Way,west of Michigan Street. A copy of the original staff report, conditions of approval, and resolution for approval and draft minutes of the April 6, 2006 meeting are attached. The Planning Commission held a public.hearing, took public,testimony, and unanimously approved the project. On April 17, 2006, an appeal was filed by Raymond Johnson.for the Citizens for Responsible and Open,Government (see attached). The document-attached to the appeal was submitted to the Planning Commission during their hearing. The following is a response to the issues raised in the appeal. 1. Project exceeds square footage for Planning Area 1. No maximum coverage is identified-in the Planning Area 1 requirements. 2. Minimum right-of-way should be 44 feet. Condition#4 of Public Works conditions requires an additional 4 foot dedication that is reiterated in Condition 14. 22795 Barton Road • Grand Terrace, California 923.E • 9 F321 nn � � , � � K In,, NO �J I I II 3. Building height exceeds 25 foot maximum. Guideline 2f allows for a maximum height of35 with approval of a variance by N the Planning Commission. 4: 'Project does not meet the requirements for a sound wall'along the north property line. F. An 8-foot high concrete wall is proposed on the north, east, and west sides of the I site for security and screening. The adjacent industrial building to the south further serves as a sound wall. All operations areas are located on the west side of the site facing the interior of the OAC and the-freeway. 5. The walls are not according to the design specification of the Specific Plan. The Specific Plan calls,for an 8 foot high wall made of concrete with a cap and E pilasters. The project's proposed wall is 8 feet high and-made of concrete with " pilasters. Staff believes that the wall design is compatible with the OAC design I requirements. This is a transition area with pre-existing commercial industrial uses with varying design concepts and features. Condition 17 requires the f preparation of a fencing plan for review and-approval by the Community iDevelopment Director. 6. Project does.not comply"with OC EIR mitigation measures. a. No traffic study or traffic mitigation"fees. The traffic engineer has written a letter indicating that the project will not result in a traffic impact. Condition#1 of the Public Works conditions requires payment of all Traffic Mitigation and Circulation fees. Also Condition 31 requires the developer to pay all appropriate traffic impact fees. b. No acoustical analysis. It was determined that the size of the project, its general location and the presence. of the adjacent industrial project to the south serves as adequate noise mitigation. Condition 15 requires the applicant to comply with the City Noise Ordinance. As noted in response 5, the site is screened by a new 8-foot wall and adjacent industrial buildings. C. No burrowing owl study. The site was currently graded and fully disturbed. The potential location for burrowing owls is along the County Flood Control channel - d. No mass grading of the entire site. The site has been previously graded and is separate from the main undeveloped are of the OAC. a 7. Project does not comply with: a. Air Quality or Noise mitigation measures. The project has been determined not to result'in any traffic impacts (Traffic Engineer letter) and does not generate mobile emissions. It is a pre-existing use within the OAC. Traffic and associated air quality issues will be similar to those already present at the facility. Noise has been addressed under comment 6b. b. Geology or Soils requirements The site has been previously graded. Under the Public Works required documents for final plan check is included a soils report (Page 1). See Condition 23. C. Hydrology and water quality requirements. The Public Works final plan submittal requirements include a hydrology study, Water Quality Management Plan, and Erosion Control Plan. The site plan includes a drainage detention basin that will be used for drainage control and water quality purposes. See Conditions 20 and 30. d. Paleontogical requirements. The site has been previously graded and fully disturbed. Under these previously disturbed conditions, the presence of recoverable paloentological resources is very questionable. 8. Project will result in the exceedence of the developable area of Planning Area 1. There is nothing under the Planning Area 1 requirements that limit the developable area of a project. 9. The landscape plan is not consistent with the OAC guidelines. Condition 12 requires compliance with the OAC landscape guidelines. 10. The proposed use is inconsistent with the permitted uses within the CG land use designation. The underlying zone is CM that permits these types of uses. PA 1 of the OACSP specifically calls out wholesale trade similar to those already near by. ESSCO was a pre-existing permitted use. Recommendation: Staff recommends that the City Council deny the appeal and approve Site and Architectural Review No. 06-02, Variance No. 06-01, and Environmental Review No. 06-02. SHEET SP1 Site Plan of the proposed project SHEET C 1 Conceptual Grading Plan SHEET L1 Preliminary Landscaping Plan SHEET Al Floor plan of the proposed building SHEET A2 First and Second floor plans for the proposed office portion SHEET A3 Building Elevations and Partial Elevation of Site Wall ATTACHMENT 1 "Letter of Intent"from applicant's engineer dated 1/27/06 ATTACHMENT 2 Aerial photograph of the subject site and surrounding area ATTACHMENT 3 8 %Z" x 11" reduction of the site plan ATTACHMENT 4 8 %" x 11" reduction of the floor plan of the proposed building ATTACHMENT 5 8 Y? x 11" reduction of the floor plan of office first and second floors ATTACHMENT 6 8 %2" x 11" reduction of the building elevations and site wall ATTACHMENT 7 8 %z "x 11" reduction of preliminary landscaping plan ATTACHMENT 8 8 %" x 11" reduction of the conceptual grading plan ATTACHMENT 9 County of San Bernardino Fire Department, Community Safety Division letter dated 3/14/06 ATTACHMENT 10 Comments made by Director of Building and Safety dated 3/20/06 ATTACHMENT 11 Memorandum from the City Traffic Engineer dated 3/28/06 ATTACHMENT 12 Letter from the Riverside Highland Water Company dated 3/28/06 ATTACHMENT 13 County of San Bernardino Fire Department, Haz-Mat Division letter dated 3/29/06 ATTACHMENT 14 Proposed Mitigated Negative Declaration and Initial Study for this project ATTACHMENT 15 Resolution of Approval for SA-06-02, V-06-01 and E-06-01 ATTACHMENT 16 Appeal Form from Raymond Johnson ATTACHMENT 17 Minutes of April 6, 2006 ATTACHMENT 18 Planning Commission Staff Report of April 6, 2006 i i F I R S ? IN S E R V I C i . FIR $ r IN ! A V I N G 8 - FIRST IN 3 A T I S F A C T 1 o N WHOLESALE ELECTRIC June 27, 2005 Mr. Gary Koontz Via Facsimile(909)793-2600 Planting Director City of Grand Terrace 22795 Barton Road Grand Tenue,CA 92313 Re: Essco Wholesale Electric Proposed Building Use Lots 5&6 on Commerce Way Grand Terme CA Dear Mr.Koontz, Per the City of Grand Terrace request and referencing our designb view application submitted by Howard Pareell on our bebW&we offer this co rresponde>ace as our formal declaration of use for the above proposed facility. - The building will be leased to Esseo-Grand Trance, Inc. ("EascW). Thin c=pany operates an electrical wholesale operation which includes the resale ofpre-manufactured electrical products via"will-Call"customer pick-up,vl=housing and delivery electrical products. EBsco does not manufacture products or provide labor for electrical product installation; opmadorm are strictly limited to resale of pre-manufactured eleetdcal produm F.ssco's pre-manufactured electrical components warehoused at the facility generally include wire, cable,electrical boxes,electrical panels and sub.-pawls,breakers, wiring devices,lfglmn►g fixtures, bulbs, etc. In all cases,electrical components received at the operation for ire-sale an packaged by the manufacturer and arrive via common freiglit carrier. The typical hours of site operation are Sam to Opal,Moudny—Fly. Customer"will- call"operations are typically operated from 6am-4pm,Monday—Friday. To the extent you require any additional infonnation,please do no hesitate to contact ate. ATTACHMENT 1 EOM,INC. a 776 E.Corporate Place Chandler,AZ B=U999 . (4M 497.8000 - For(480)497-9700 i rrc-co-r-wvo VV-47 t LR*KU F'FNK"--tLL GD 714 777 9093 P.03 IlyCU . TO-nn Member TMS h0PCTdW LLC Enclosures Cc Don Tapia Mike WiMbdde Mark vsnderUn& Bala TOTAL P.03 - � -,Tn• �:� _ -=I +" •� ,tom - .. _ _` ,c ^t tom, 'a f= • a ,rn4--z'^-'—.-.--•, "_".`Q'z'� Y -ems:, 77 ql _ .:+tom•% /. � t � f by # .r • +,.r � :�,•� + -'"` .'� - ...E :� r a n `� � 4 �� p A a MM- - _iltlm - �� ris •C i''�-4 (("At JAM f; A y 7 PM-0—PA. -6 d A0 n PROposqq BYILDING SITE PLANT 2MM-Lmngm CCL-QUA *MUC#Az camp RIDM MAWARY• n.m w. raom aLow z 4 e6 ARM 4WMATO& w !4l al q I:I i rl�(,)WAY/fA.,;Fri) I r I• �IIYCIu.01�n InNrNy i 4MI�nyN«.Pp ' • I I I YS�WN BlIF6/ i rw ua,n�i�YM _ _ A411f7 0)A9 I I AMI1n��M.l PAII I A7 J I I b � - � l )- �1• � I ;i i -1 i i i c _ I .I Oman= i l I cc I Q �, 4998 Mir uN��nr,cr�>> MUL Cvd)hvAll,--%Joll/ 1 mcn:bclw:y rawu uo•u rriw - —— _ _ . c1w1 m•vaa mn m am ru amre ,mm o .• - - - - �� awn _ .�_ - �.,l.: r� . . ® � Q io I f Amum I I, r• "� r rlLa G♦■IN!is? I `, r I -r : -r� T-r-I-'1 r-r-, �•-r , i �•� i �- � � -1 I r-1 '1 -I I • � , 1 , I 1 r•,o SECOND FLOOR OFFICE PLAN N .�.31C• 1.4 1,- rIM rcir, H _ �I ar9r�law. I u.,.•.aws � W t a na ; Iw • - -- - - I - - - -- - —-' - -- -- ® �Iw�� IC W pp it i Mi. comm IL M -� lEH I,som 1 7M , 771 MMM 6laC�l QNRM a, I la � � •I . +I FIRST FLOOR_ OFFICE PLAN ..,F• I ,Ir., :IF a�, P-9((j)WA)qrA\FAjrD) IN I P/wi:1%,l #=M= tmctuml a"b"NoTpow Ai CnQ 7" All A� TT"m . ...... r. NORTH F 1 FVATION .......... b b ------ MALLwAmoN cm'00, INSET DETAIL SCAM, YA aol C e 00, ,11 U. ±'—a-- CW—T It !IJ ill SITE WALL PARTIAL 9UVATION W.U., I \ Iv I 1 \ \ � cA Do "Do- z co) jEF� si ' ii � � ii 4 *Rol ! ' z' L SC�C yC�C C,�C'C_�Z"f"--CZ CS'-C C SY � I CONCEPTUAL LANDSCAPE PLAN NEW FIACLFrY Fee. Slag i� IL ESSCO GRAND TERRACE S.E. OF BARTON ROAD AND 1-26 GRAND TERRACE. CALFORMA 9231of NJ 3 E:J 966V gI.,m N w m E-+ N - amm i 4 I;. .. r ,`It•; ,'` Ir,�, /j•' �. -` �,r. I �i r�r�a �t � — — t t't l, �/rf)L 1�t.Li�x.l a,..... _ aC�•'_' �' %'� ��" a•'"" Yl s.�,r � �./ 3 .v�noe�u�i'tnu O .� ♦aa.Rs ravn Kw r,ISM I\�//Mn1(u)I U I COUNTY FIRE DEPARTMENT �o4txrt COUNTY OF SAN BERNARDI aierr OFFICE OF THE FIRE MARSHAL COMMUNITY SAFETY DMSION 620 South "E"Street—San Bernardino,CA 92415-0179 (909) 38641M-(909)386-840-(909)386-8466 Fax (909)3864WW !MARCH 14,2006 EXPIRATION: MARCH 2O07 HOWARD PARSELL COMPANY FILE: MIS GT06/1SS42 LOCATION: COMMERCE WAY—GRAND TERRACE PROJECT TYPE: TWO-STORY COMMERCIAL/INDUSTRIAL BUILDING APN: 1167-141-06 S 07 PLANNER: JOHN LAMPE Dear Applicant: With respect to the conditions of approval regarding the above referenced project, the San Bernardino County.Fire Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes,and/or recognized fire protection standards. The following information of this document sets forth the FIRE CONDITIONS and GUIDELINES which-are applied to this project. ❑Approved ®Approved w/conditions ❑Not Approved FIRE CONDITIONS: JI risdiction. The above referenced project is under the Jurisdiction of the San Bernardino CountyFire Department herein ("Fire Department"). Prior to an construction occurring on an p Y g y parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current U,iiform Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department. [F-1] Additional Requirements. In addition to the Fire requirements stated herein, other on site and off site improvements may be required which cannot be determined from tentative plans at this time and would have to be �reviewed after more complete improvement plans and profiles have been submitted to this office. [F-1a] ater System. Prior to any land disturbance, the water systems shall for this development and shall be approved by the Fire Department. The required gredflow s to hwa I be dt the etermined by fire using Appendix IIIA of the Uniform Fire Code. Standard 903.1 [F-5] The Fire Flow for this project shall be: 45N GPM for a 4 Hour duration at 20 psi residual operating pressure. Fire Flow based on 26,390 sg ft. Structure Fire The required fire fees (041ith* 00160i shall be paid to the San Bernardino County Fire Department/Community Safety Division (909)386-8465. This fee is in addition to fire fees that are paid to the City of Grand Terrace. [F-40] i i MIS GT06/18542 MARCH 14,2006 ATTACHMENT 9 i i PAGE 2 Access. The development and each phase thereof shall have a minimum of 2 points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. Standard 902.2.1 [F-41] Building Plans. Not less then two(2)complete sets of Building Plans shall be submitted to the Fire Department for review and approval.[F-42] Combustible Protection. Prior to combustibles, being placed on the project site an approved paved road with curb and gutter and fire hydrants with an acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. [F-44] Water System Commercial. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. The applicant is.required to,provide a minimum of one new six (6)inch fire hydrant assembly with two (2)two and one half(2 1/2)inch and one(1)four (4) inch outlet. All fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways)and no more than one hundred fifty(150)feet from any portion of a structure. [F-54] Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will most distance and fire flow requirements. Fire flow water supply shall be in.place prior to placing combustible materials on the job-site. [F-57] Street Sian. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street comer to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure,the permanent street sign shall be installed. Standard 901.4.4 1[F72] Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three(3)feet from the hydrant and at least six(6)feet high above the adjacent road. Standard 901.4.3. [F80] Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or extemal2. Where the building is two hundred (200)feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. Standard 901.4.4[F82] ' MIS GT06118542 MARCH 14,2006 PAGE 3 Material Identification Placards. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department. Additional,placards shall be required inside • the buildings when chemicals are segregated into separate areas. Any business with an N.F.P.X 704 rating of 2-3- or above shall be required to install an approved key box vault,on the premises, which shall contain business cc�s keys and a business plan. Standard 704. [F95] (Sincerely. DOUG CRAW FORD, Planning b Engineering Supervisor San Bemardino County Fire Department Community Safety.Division DC:ts I I I i I I I I ' I I , V 1 I I Building and Safety/Public Works Department Conditions of Approval Date: March 20,2006 Applicant: Howard Parsell Company Address of Applicant: 4854 Main Street, Yorba Linda,Ca 92886 Site Location: Commerce Way,Grand Terrace,Ca Telephone: (714)777 3765 W.O. 12-8.5424 Provide four(4)construction plans and information for review of the proposed project. Below is a list ofthe plans and documents needed forplan review.The initial plan review usually will take three weeks on most projects. Above is a work order number, 12-8.5424, for the proposed project.This number will be needed to obtain information regarding your plan review. A plan review fee and permit fee will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents. (1) Title Report and recorded document showing abandonment of property line. (1) Property Comer Point Information (1) Right of Way Dedication on Commerce Way (4) Street Improvement Plans,to include curb,gutter,sidewalk,and paving,street lights, etc. (4) Sewer Plans (4) Water Plans (4) Architectural Plans (4) Structural Plans (2) Structural Calculations, see Building Permit Conditions No. 1, below. (4) Plot/Site Plans (4) Electrical Plans (4) Electrical Load Calculations (4) Plumbing Plans/Isometrics, Water, Sewer and Gas. (4) Mechanical Plans (4) Mechanical Duct Layout Plans (4) Roof and Floor Truss Plans (2) Title 24 Energy Calculation (2) Soils Report (4) Grading Plan (4) Precise Grading Plan (2) Hydrology Report (2) Water Quality Management Plana,(WQMP)and(SWEPP) Erosion Control Plan. (4) Disabled Access Plan ATTACHMENT 10 Page 1 of 4 (4) Temporary Construction Fence Plan Building and Safetv/Puublie Works General Information All structures shall be designed in accordance with the 2001 California Building Code, 2001 Mechanical Code, 2001 Plumbing Code,-and the 2004 Electrical Code adopted by the State of California. Design all structures to comply for Seismic Zone(4)wind speed 70 MPH,exposure"C". All work performed in the public right of way_ shall comply with the San Bernardino County Standards and Specifications. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each city department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Building and Safety Job Card. Building and Safety inspection requests and Public Works inspection request can be made twenty (24) hours in advance for the next day inspection. Please contact (909) 825-3825. You may also request a inspection at the Building& Safety public counter. All construction sites must be protected by a security fence. The fencing and screening shall be maintained at all times to protect pedestrians. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non-sewer type shall conform at ANSI ZA.3. A11 construction materials which are not used shall be recycled. Receipts from the recycle company responsible for excepting the materials shall be kept in the construction office for viewing by the City Inspector. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building&Safety.No temporary electrical power will be granted to a project unless one of the following items are in place and approved by Building and Safety and the Planning Department. (A) Installation of a construction trailer. or, (B) Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way. i Public Works Conditions 1. Prior to building permits, the applicant will be required to pay Capital Improvement Fees, Maintenance Fees, Circulation Fees, Traffic Improvement Fees, Sewer Assessment Fee, District No. 1 CSA 70 and pay one year energy cost for each street light. i i Page 2 of 4 2. All on site utilities shall be installed underground to the.structure. 3. Street cut permits are required before work begins in the public right of way. Street cut repairs shall comply with the City of.Grand Terrace Specification For Construction Within Public Right of Way. 4. Dedicate an additional four(4)foot of Right of Way to provide forty(40) foot half street right of Way on Commerce Way. 5. All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code 6. Install three(3)concrete ornamental street lights on.Commerce Way. The first street light shall be located at north east corner of the project and evenly disbursed thereafter. Coordinate with Southern California__Edison and'the City of Grand Terrace for costs and location. 7. Install driveway approaches which are usable by disabled travel. Install sidewalks the full length of the project six(6)foot wide.Provide concrete sidewalk extensions beyond the rear portion of a driveway approach providing disabled access if necessary. 8. Provide disabled access from the public right of way to the front entry of the business. Install ramps at proposed curb and gutter areas in parking lot leading to front entry of business. 9. The building sewer shall be connected to the sewer lateral in Commerce Way. 10. Provide under sidewalk drain beyond detention area Storm water shall be drained under the sidewalk. 11. Remove and replace any existing curb, gutter and paving that is broken or damaged in Commerce way in front of the project. Building Permit Conditions 1. The proposed structure and common use area is located next to the southern property line which is adjacent to the neighboring commercial building which is also located on the property line. Please submit with your initial plan review documents, .a dimensioned cut section of both buildings at this property line. If there is a grade separation, provide a solution to the water proofing and or drainage. If necessary due to the proximity of the buildings, show by engineering calculations remedies for potential racking of the two building next to each other in an earthquake event. Provide written approval from the adjacent property owner to work next to their building., 2 Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site Fire Hydrants shall be approved by the Fire Department.No flammable materials will be allowed on the site until the Fire Hydrants are Page 3 of 4 . . ,l established and approved. 3. Prior to issuance of permits,site grading and pad certifications shall be submitted to Building and Safety. Prior to concrete placement,submit a certification for the finish floor elevation and set backs of the structure. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. 4. Prior to issuance of building permits,provide a certificate from the Colton Unified School District stating that all school fees have been paid. 5. Prior to issuance of building permits,provide Building and Safety with a will serve letter from Riverside Highland Water Company. (909) 825-4128. 6. All construction projects shall comply with the National Pollutant Discharge Elimination Systems, (NPDES). NPDES reports shall be submitted with projects plans at time of plan review.In addition,NPDES reports must be submitted prior to the design review process and hearing. 7. Prior to the permit for grading,pay all necessary fees to the Storm Water Board.provide a copy of the receipt and a copy of the Notice of Intent. (NOI) C:inyfileskwditions of approvaPComme=Way Essw.wpd I I I " I i Page 4 of 4 P.O. Box 18355 TEP SM Irvine CA 92623 Phone:949 552 4357 fax:909494 4408 e-mail:teplrvine@sbcglobal.net mobile:909 263 0383 Date: March 28, 2006 To: John Lampe, Associate Planner, City of Grand Terrace From: Craig S. Neustaedter, Registered Traffic Engineer(TR1433) Subject: Comments on Essco Two Story Commercial/Industrial Building Location: Michigan Ave. File No: Site and Architectural Review Case#06-02 The proposed project consists of approximately 20400 ft.2 of warehousing, 6000 ft.2 of offices, and 2000 ft.2 of"will call". On a daily basis, the project is estimated to generate 180 vehicle trips. 18 trips will be generated in the a.m. peak hour, and 22 trips will be generated in the p.m. peak hour. The project is not considered to generate a significant quantity of trips to warrant preparation of a traffic impact study. I have no additional comments concerning this project. Transportation Engineering and Planning, Inc. ATTACHMENT 11 �. yeti 09 -� 1450 E.Washington St. Colton,CA 92324-4696 (909) 8254128 FAX(909) 825-1715 �HgENV�t�OJ � March 28, 2006 Mr. John Lampe Community Development City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 G Re: A 06-02 V 06-01 E 06-02 Commerce Way Dear John; Riverside Highland Water Company has no problem with this project. There are a few items to be worked out with the developer/owner. The owner/developer will need a letter from the San Bernardino County Fire Marshal and they will also need to contact us regarding water stock, meter size and fees. If you have any questions,please feel free to contact me at(909) 825-4128. Sincerely, I Rich Haubert Distribution Superintendent RNH/ss i ATTACHMENT 12 Co1sM ff.,M BEFW00111O COUNTY FIRE DEPARTMENT 4'M Ps rmiES sRWOFFICE OF THE FIRE MARSHAL era a reu.s NVARIDOtIs MAHRIALS 01VISM Fir,card SM W&-r Susan • Sin CA 924154M53 Count' =Ira warden (911B)311114 1 • In(M)3WHO • March 28,2006 City of Grand Terrace Community and Economic lh:vclopmcnt Department 22795 Barton Road Grand Terrace,CA 92313-5295 X171'"TION: JOHN LAMPE,ASSOCIATE PLANNER FILE NO,S: SITE14ARCHf1TC1'UA1.REVIEW CASE#06-02, VARIANCE CASE#06-0I AND ENVIRONMENTAL REVIEW 0"Z APPLICANT: HOWARD PARSELL COMPANY LOCATION: 2.4 ACRES LOCATED SOUTI•IE RYLY SIDE OF COMMERCE WAY Dear Mr. Lampe: Ile San Bernardino County]Tire Department Hazardous Materials Division has the following conditions for the above-mentioned project: EEiv to.Q"M= 1. Prior to occupancy,operator shall submit a Business Emu7bcncy/Contingency Plan for emergency release or threatened release of hazardous materials and wastes or a letter of c.mu mptitm.Contact Office of the Tire Marshal, I Iazardous Materials Division at(909)386- 8401. 2. Prior to occupancy,applicant shall be required to apply for tmc cn-more or the: following: a Itazardous Materials Handlcr Permit,a Hazardous Wrr is Camerstor Permit,an Abovegrour d Storage Tank Permit,and/or an Underground Slump Tank Permit. ror information,Off rx of the Fire Marshal,Hazardous Materials Division at(909)M6-8401. Should you have any further questions,comments,or conct.7ns,please: 11=1 free to contact me at (909)386-9401 or kriegel(a)sbcfire.org. KRISTIN Rllr'GEL,MPH,REMS Hazardous Materials Division,meld Services Section ATTACHMENT 13 7^A J7wA•e AaT78 97!IT AAA7 07•YVL7 PROPOSED MITIGATED NEGATIVE DECLARATION Document Type: Negative Declaration(Mitigated) Date: March 16, 2006 Project Title: SA-06-02,V-06-01 and E-06-02 Project Location: An approximately 2.4 acre parcel located on the southerly side of Commerce Way beginning about 240 feet westerly of Michigan Street. ■ Description of Project: The proposed project will consist of the construction of a two-story commercial/industrial building containing offices,warehousing and wholesale activities. The building will contain approximately 26,390 square feet of floor area. The building will have a maximum height of about 34 feet. Other areas of the property will be developed to employee and customer parking,truck loading and unloading areas and landscaping. j Project Proponent: Howard Parsell Company on behalf of Essco Electric Lead Agency: Community Development Department, City of Grand Terrace Contact Person: Gary L. Koontz, Community Development Director (909)430-2247 Public Review Period: Began: Thursday, March 16,2006 Ended:Thursday,April 6, 2006 r Public Hearings/Meetings: Planning Commission-Thursday,April 6,2006 1 Environmental Finding: Based on an Initial Study, attached hereto, prepared to evaluate the potential environmental impacts of approving SA-06-02,V-06-01 and E-06-02, the said project qualifies for a Mitigated Negative Declaration on the grounds that it will not have a significant adverse impact on the environment with the recommended mitigation conditions. I Signature: Gary L. Koontz, Community Development Director c:\MyFiles\JOHN\RiveraideHighland\negativedeclarationcup-06-02 i ATTACHMENT 14 City of Grand Terrace Community Development Department Environmental Checklist Form 1. Project Title: Site and Architectural Review Case No.06-02, Variance Case No.06-01 and Environmental Review Case No.06-01 2. Lead Agency Name and Address: City of Grand Terrace Community Development Department / 22795 Barton Road- Grand Terrace,CA 92313 3. Contact Person and Phone Number: Gary L. Koontz,.Community Development Director or John Lampe,Associate Planner (909)430-2247 4. Project Location: An approximately 2.4 acre, vacant parcel located on the southerly side of Commerce Way beginning 240 feet westerly of Michigan Street. 5. Project Sponsor's Name Howard Parsell Company on behalf of Essco Electric 6. General Plan Designation: "CG'(General Commercial) 7. Zoning: "Planning Area`No. 1' of the Outdoor Adventures Center (`OAC')"Specific Plan 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.) The project will consist of the construction of a two-story comniercial/industrial building containing offices, warehousing and wholesale activities:The building will contain approximately 26,390 square feet of floor area. The building will have a maximum height of about 34 feet. Other areas of the property will be developed to employee and customerparking,truck loading and.unloading areas and landscaping.'The Site and Architectural Review(SA-06-02)has been filed for the design and layout of the project. The Variance(V-06-01)has been filed to modify the height limit in"Planning Area No. 1"of the Outdoor Adventures Center Specific Plan. 9. Surrounding Land Uses and Settings: (Briefly describe the project's surroundings.) North: Commercial including a skating rink and wholesale plumbing supply business,Zoned C2 East: Vacant parcel to the immediate east and non-conforming residential including a mobile home park,Zoned C2 and Barton Road Specific Plan-General Commercial South: Commercial-business park,Zoned CM and vacant land part of the OAC West: Commercial uses including wholesale which are part of"Planning Area No.I"of the OAC 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement) City of Grand Terrace Department of Building and Safety—building and grading permits;County of San Bernardino Fire Department—plan check requirements; and City of Grand Terrace Public Works for sewer connection and street improvements. Community Development Department 1 Initial Study and Environmental Analysis i j i j 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. ❑Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Services Systems ■Geological Problems ❑Energy and Mineral Resources ❑Aesthetics ■Water ❑Hazards ❑Cultural Resources E Au.Quality ❑Noise ❑Recreation ❑Mandatory Findings of Significance j Determination: ! On the basis of this initial evaluation(To be completed by the Lead Agency): ! ❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. 1 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 the mitigation measures described on an attached sheet have been added to the project. 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 significant effect(s)on the environment,but at least one effect 1)has been adequately analyzed in an earlier document to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" br "potentially significant unless mitigated.", An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,there WILL NOT be significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier ! EIR,including revisions,or mitigation measures that are imposed upon the proposed.project. i ' Si tore Date Gary L. Koontz Community DeveloR-ment Director Printed Name Title i i I i i Community Development Department 2 Initial Study and Environmental Analysis r � i Evaluation of Enviroomental'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) "Potential Significant Impact"is appropriate if there_is substantial evidence that an effect is� significant. If there are one or more "Potential Significant Impact" entries when the determination is made, and EIR is required. 4) "Potential Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potential 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,"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). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). References to a previously prepared or outside document should,where appropriate,include a reference to the page-or-pages where the statement is substantiated. A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. Community Development Department 3 Initial Study and Environmental Analysis i - I - Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated L and Use and Planning. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ (Source: General Plan Categories Map; and Zoning District Map—The proposed use is allowed in the "Planning Area No: 1'of the OAC".) b) Conflict with applicable environmental plans or ❑ ❑ ❑ policies adopted by agencies with jurisdiction over the project? (There are no known agencies where the proposed project would cause a conflict.) c) Be incompatible with existing land use in the vicinity? (Zoning District Map,,Zoning Regulations, City Zoning ❑ ❑ ❑ Code)This project is permitted by right in the Outdoor Adventures Center(OAC) Specific Plan. d) Affect agricultural resources or operations(e.g., ❑ ❑ ❑ impacts to soils or farmlands, or impacts from incompatible land uses)?(There are no significant agricultural resources in this part of Grand Terrace) e) Disrupt or divide the physical arrangement of an ❑ ❑ ❑ established community(including a low-income or minority community)? (The site consists of only 2.4 acres and is vacant. It will not divide any portion of the community. ) A b 'ef,explanation to answer I; The proposed project is permitted by right in the OAC. The project will meet all of the development standards of the OAC except for the variance request to modify the height limit;however,the OAC Specific Plan contains specific language which allow the Planning Commission to modify the height limit up to.a height of 35 feet. The proposed use is compatible with other uses in the immediate vicinity including wholesale uses along Commerce Way. In addition,the proposed project will not affect any agricultural resources as none exist on the subject site;nor will the project disrupt or divide the physical arrangement of.the City as it will be built on established,recorded parcels. ' F , l - Community Development Department 4 Initial Study and Environmental 1 Analysis 2. Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact ; Mitigation Incorporated II. Population and Housing. Would the proposal: a)" Cumulatively exceed official regional or local ❑ __ population projections?,(This project does not propose ❑ ❑ any residential uses.) b) Induce substantial growth in an area either directly or indirectly;(e.g. through projects in an undeveloped area _ or extensioii.of major infrastructure)? (This project ❑ ❑ will not-induce any substantial growth as it is replacing an existing headquarters site.) c) Displace existing housing, especially affordable housing? (The property was occupied by a single very old resident which was demolished to make way for ❑ ❑ this proposal) _ A brief explanation to answer II: The proposed project does not propose any residential development. All public services for this site already exist. The project _J will not induce substantial-growth in that no expansion of infrastructure will be required for this proposal. Lastly,no existing housing will be displaced as the site is vacant and has not been used for residential purposes. III Geologic Problems. Would the proposal result in or expose people to potential impacts-involving: a) Fault rupture? (General Plan N EVEIR-ES-4) ❑ ❑ ❑ - b Seismic ground shaking?(GP MEA/EIR-II-1) ❑ ❑ ❑ c) Seismic ground failure,including liquefaction? (GP ❑ ❑ MEA/EIR-II-1) ❑ -, d) Seiches,tsunami,or volcanic hazard? (GP MEA/EIR ❑ ❑ e)` Landslides or mudflows? (GP MEA/EIR II-1) ❑ f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (GP ❑ ❑ ❑ MEA/EIR II-20) ❑ g) Subsidence of the land? (GP MEA/EIR II-1,Append ❑ ❑ - B) ❑ h) Expansive soil? (GP MEA/EIR II-1, Append B-4) ❑ ❑ ❑ I) Unique geologic or physical features? (GP MEA/EIR ❑ ❑ II-1) Community Development Department 5 Initial Study and Environmental. Analysis i Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation- In corporated A t rief explanation to answer III: No active or potentially active fault traces cross the site. The only known potential geologic hazard to the site is from seismic ground shaking which is not unusual for any site in Southern California. This and any other geologic hazard will"be mitigated by the requirements that all structures shall be designed and constructed to meet the seismic standards of the Uniform Building Code. Also,a soils report will be required before the issuance of a grading permit or building permits for this project for th construction of the headquarters facilities which will identify liquefaction potential. Finding:Potential impact reduced to a level of insignificance with mitigation measure:This project must meet the requirements that all structures be designed and constructed to meet the seismic'standards of the Uniform Building Code. IV. Water. Would the proposal result in: a) Changes in absorption rates,drainage patterns, or the rate and amount of surface runoff? (GP MEA/EIR II-1 ❑ ■ ❑ ❑ Append B) b) ' Expose to people or property to water related hazards ❑ ❑ ❑ such as flooding? (GP MEA/EIR II-1) c) Discharge into surface water or other alteration of ❑ ❑ surface water quality(e.g.,-temperature,dissolved oxygen or turbidity)?(GP MEA/EIR II-1) d) Changes in the amount of surface water in any water ❑ ❑ ❑ body? (GP MEA/EIR II-1) e) Changes in currents, or the course or direction of water ❑ ❑ ❑ movements? () f) Changes in the quality of ground waters, either,through ❑ ❑ ❑ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? (GP MEA/EIR II-1) g) Altered direction or rate of flow of groundwater? (GP ❑ ❑ ❑ MEA/EIR II-1) h) Impacts to groundwater quality? (GP MEA/EIR II-1, ❑" ❑ ❑ and 97 Regional WCA Report) I) Substantial reduction in the amount of groundwater ❑ ❑ ❑ otherwise available for public water supplies? (GP MEA/EIR II-1) 1 . Community Development Department 6 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation , Incorporated A brief explanation to answer IV: The proposed project is to construct the new location of the Essco Electric business in Grand Terrace. There will be an increase in impermeable surface area;however,a hydrology study will be required to analyze how this increase in runoff will be adequately handled. The hydrology study will be required before any grading permits for this project can be issued. In addition,before the grading permits are issued for this project,all NPDES requirements will have to be met which will ensure that many of the.impact to water resources will be eliminated. These requirements will be set out in a required"Storm Water Pollution Prevention Plan." Also,a"Water Quality Management Plan"will be required before building permits are issued to ensure the quality of the water runoff from this site. Finding:Potential impact reduced to a level of insignificance with-mitigation measure:This project must meet the requirements that prior to the issuance of grading permits,the applicant shall comply with the City_ of Grand Terrace Stormwater System Ordinance(Ordinance NO. 142,Subsection 1.010, 1993)and the Santa Ana regional Water Quality Boards NPDES Permit for San Bernardino County,as required by the Clean Water Act.' V. Air Quality. Would the proposal: ; a) Violate any air quality standard or contribute to an ❑ ■ ❑` ❑ existing or projected air quality violation? (GP MEA/EIRH-14, and.AQW) b) Expose sensitive receptors to pollutants? (The Element ❑ ❑ ❑ ■ contains an implementing action to reduce such exposure) c) Alter air movement,moisture, or temperature, or cause ❑ ❑ ❑ ■ any change in climate? (Any such implementing actions are designed to have a positive effect on the region's air quality) d) Create objectionable odors? (No specific odor causing ❑ ❑ ■ proposals are included in the Element) A brief explanation to answer V: The proposed project is relatively small size at only 2.4 acres. 'Most of the site will be.paved or covered with landscaping. Dust generated by the grading of the site will be controlled as required by existing City regulations. Nb,manufacturing activities will take place on the site and therefore there will be no manufacturing pollutants generated on the site.Also no odors will be produced on the site. Some minor air pollutants will be generated by the vehicles employed on the site and employee and customer vehicles but the amount of pollution will be less than significant. Finding:Potential impact reduced to a level of insignificance with mitigation measure. For the grading of the site where dust will be generated,appropriate dust control measures will be integrated into grading plans and activities as required by the-City as part of the conditions of the grading permit. Community Development Department 7 Initial,Study and Environmental Analysis I - I 1 Issues(and Support.Information Sources): Potentially Potentially Less than No Signifcant Significant Significant impact Impact Unless Impact Mitigation Incorporated VI. .Transportation/Circulation. Would the proposal result a) Increase vehicle trips or traffic congestion? ❑ ❑ ❑ (Trans. Engineering and Planning Consultant) b). Hazards to safety from design features (e.g., ❑ ❑ ❑ sharp curves or dangerous intersections)or incompatible uses? ( ) c) Inadequate emergency access or access to ❑ ❑ nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ❑ ❑ ❑ e) Hazards or barriers for pedestrians or ❑ ❑ ❑ bicyclists? (TCM Ordinance 147) fl Conflicts with adopted policies supporting ❑ ❑ . ❑ alternative transportation(e.g.,bus turnouts, bicycle racks)? (TCM Ordinance 147) g) Rail,waterborne or air traffic impacts? () ❑ ❑ , ❑ Brief explanation to answer VI: Based on the size and nature of the proposed project,it will not have a significant traffic impact on arterial or intersection level,of service. VII. Biological Resources. Would the proposal result in impacts to: a) Endangered;threatened, or rare species or their habitats(including but not limited to ❑ ❑ ❑ ■ '-plants, fish, insects, animals, and birds)? (GP MEA/EIR H-20,Append C) b) Locally designated species (e.g.,heritage trees)? (GP MEA/EIR II-20) ❑ ❑ ❑ ■ c) Locally designated natural communities(e.g., oak forest, coastal habitat, etc.)? (GP ❑ ❑ ■ MEA/EIR 11-20) d) Wetland habitat(e.g.,marsh,riparian, and vernal pool)? ( GP MEA/EIR H-20) ❑ ❑ ❑ ■ e) Wildlife dispersal or migration corridors? (GP MEA/EIR 11-20) ❑ ❑ ❑ ■ i j Community Development Department 8 Initial Study and Environmental - Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant 'impact Impact Unless Impact Mitigation Incorporated Brief explanation to answer VH: No rare or endangered species are known to live in the urban areas of Grand Terrace. In addition,there are no desirable large trees on the site or wetland habitats: No adverse impacts to biological resources are expected-to result from the development of this project. VIR. Energy,and Mineral Resources. Would,the proposal: a) Conflict with adopted energy ❑ - ❑ ❑ ■ conservation plans? (GP MEA/EIR IM9, and Append.D) b) Use non-renewable resources in a ❑ ❑ ❑ ■ wasteful and inefficient manner? c) Result in the loss-of availability of a ❑ ❑ ❑ ■ known mineral resource that would be of future value to the region and the residents of the State? (GP M[EA/EIR II-19, and Append B) _i Brief explanation to answer VM: No mineral resources have been identified in the City. Therefore the development of this project will not adversely impact any mineral resources. In addition,the project will have to be constructed in-compliance with the energy standards of-the. building code. Community Development Department 9 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated IX. Hazards. Would the proposal involve: a) A risk of accidental explosion or ❑ ❑ ■ ❑ release of hazardous substance (including, but not limited to: oil, pesticides, chemicals, or radiation)? (GP M EA/EIR II-7) b) Possible interference with ❑ ❑ ❑ ■ emergency response plan or emergency evacuation plan? (GT Emergency Plan, and GP N1EA/EIR H-13) c) The creation of any health hazard or ❑ ❑ ❑ ■ potential health hazard? (GP M EA/EIR H-1) d) Exposure of people to existing ❑ ❑ ❑ ■ sources of potential health hazards? (GP MEA/EIR H-1) e) Increase fire hazard in areas with ❑ ❑ ■ flammable brush, grass, or trees? (GP MEA/EIR H-6) Brief explanation to answer IX: There are no known existing hazards on the site or the immediate surrounding area including areas of flammable brush. In addition, there may be some hazardous materials stored on the site; however, this storage will be less than significant because the applicant will have to file the appropriate "business plan"with the Hazmat Division of the County Fire Department which will mitigate the storage of any hazardous materials. X. Noise. Would the proposal result in: a) Increase in-existing noise levels? (City Noise Element) ❑ ❑ ❑ ■ b) Exposure of people to severe noise levels? (City Noise Element) ❑ ❑ ❑ ■ Community Development Department 10 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless I Impact Mitigation Incorporated Brief explanation to answer X. There will be some increase in ambient noise level simply from having the new facility at this site;however,this increase will not be significant. In addition,a condition will be imposed to require this facility to operate in conformance with the City's Noise Ordinance. M. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) ❑ ❑ ❑ ■ c) Schools? ( ) ❑ ❑ ❑ ■ d) Maintenance of public facilities, ❑ ❑ ❑ ■ including roads? ( ) ❑ ❑ ❑ ■ e) Other governmental services? ( ) Brief explanation of answer XI. This proposed project for the Essco Electric building is relatively small in size. As for any institutional or commercial project there will be some effect on public services but because of the relatively small size of the project all of these effects will be less than significant. Community Development Department 11 Initial Study and Environmental Analysis i Issu Potentially(and Support Information Sources): Y Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated XII. Utilities and Services Systems. Would the proposal result in-a need for new systems or I supplies, or substantial alternations to the following utilities: a) Power or natural gas? (GP MEA/EIR 1I-32,II-33) ❑ ❑_ ❑ I_ b) Communications systems? (GP MEA%EIR 1I-33) ❑ ❑ ❑ f c) Local or,regional water treatment or distribution facilities? (GP ❑ ❑ ❑ MEA/EIR H-30). d) Sewer or septic tanks? (GP MEA/EIR II-30) ❑ ❑ ❑ e Storm water drainage? (GP MEA/EIR II-33) ❑ ❑ ❑ _ 0 Solid waste disposal? (GP _ j M EA/EIR II-32) ❑ ❑ ❑ g) Local or regional water supplies? (GP MEABIR R-30) ❑ ❑ I - Brief explanation of answer X11. CThis proposed project is relatively small in size. All of the needed services exist for this site including electricity,phone, and natural gas. There will be no impacts resulting from this project on utilities and service systems. I i XIII. Aesthetics. Would the proposal: C a) Affect a scenic vista or scenic ❑ ❑ ❑ highway? (GP MEA/EIR II-22) b Have a demonstrable negative ❑ ❑ aesthetic effect? (Proposed site plan and project elevations ) ❑ ❑ ❑ c) Create light or glare? Brief explanation to answer XIII. The proposed project does not lie near scenic highway or will block scenic vistas. In addition,any potential aesthetic impacts will be mitigated by the conditions of the project such as the regulation of the architectural design and the requirement for a landscaping plan. Any lighting on the site will be required to be shielded or directed away from nearby residential area. ! Community Development Department 12 Initial Study and Environmental Analysis f I Issues(and.Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated" XIV. Cultural Resources. Would the proposal: a) Disturb paleontological resources? (GP MEA/EIR 11-20) ❑ ■ b) Disturb archaeological resources? (GP MEA/EIR II-20) ❑ ❑ ❑ ■ c) Affect.historical resources? (GP MEVEIR H-22) - I I ❑ I❑ ❑ ■ d) Have the potential to cause a physical change which would affect ❑. ❑ ❑ ■ unique ethnic cultural values? (GP " MEA/EIR H-22) e) Restrict existing religious or sacred uses within the potential impact. ❑ ❑ ❑ ■ area? ( } Brief explanation to answer XIV. No known palentological,archaelogical or historical resources exist on the site. No cultural values or sacred uses will be impacted by this project. - XV. Recreation. Would the proposal: a) Increase the demand for neighborhood or regional parks-or ❑ ❑ ❑ ■ other recreational facilities? (GP MEA/EIR H-21) b) Affect existing recreational _ opportunities? (GP MEA/EIR II-21) ❑ ❑ ❑ ■ Brief explanation to answer XV. As the project.is not residential,there will be no impacts on the recreational resources of the City. Community Development Department 13 Initial Study and Environmental Analysis I' Issues(and Support Information Sources): Potentially Potentially Less than No- Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated XVI. 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 1 restrict the range of rare or i endangered plant or animal, eliminate important examples of the major periods of California history, or prehistory? i b) Does the project have the potential to achieve short-term, to the ❑ ❑ ❑ ■ disadvantage of long-tern, environmental goals? c) 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 other probable future projects.) d) Does the project have environmental effects which will cause substantial ❑ ❑ ❑ ■ adverse effect on human beings, either directly or indirectly? I - I I I ' Community Development Department 14 Initial Study and Environmental I Analysis I Issues(and Support Information Sources): Potentially Potentially Less than No Significant -- Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answers XVL No Impact.The proposed project is relatively small with only 2.4 acres to be developed. Any effects on the environment resulting from this project will either be less than significant or will be fully mitigated by the required conditions of the conditional use permit and the site and architectural review. XVII. Earlier Analysis. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other.CEQA process, one or more effects have been adequately analyzed in an earlier EIR, or negative declaration. Section 15O63(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. ■ Used the Grand Terrace General Plan Master Environmental Assessment and EIR for most of the base impact information. Both documents are available at the Grand Terrace Community and Economic Development Department. 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 measured based on the earlier analysis. ■ Not Applicable c) Mitigation measures. For effects that are"Less than Significant with Mitigation Incorporated," describe the mitigation measured which were incorporated or refined from the earlier document and the extent they address site specific conditions for the project. ■ Not Applicable JL.ji Grand Terrace Community Development Dept Authority:Public Resources Code Sections 21083 and 21087. References:Public Resources Code Sections 21080(c),21080.1,21080.3,21082.1,21083,21083.3,21093,21094,21151;Sunstrom v. County of Mendocino,202 Cal.App.3d 296(1988);Leonoff v.Monterey Board of Supervisors,22 Cal.App.3d 1337(1990) c:\MyFiles\.JOHN\RiversideHighland\E-06-01 checklist Community Development Department 15 Initial Study and Environmental Analysis RESOLUTION NO. 06- ' RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING SITE AND ARCHITECTURAL �. NO. 06-02, VARIANCE CASE NO. 06-01 AND ENVIRONMENTAL REVIEW CASE NO. 06-02 FOR THE CONSTRUCTION OF A TWO-STORY COMMERCIAL/INDUSTRIAL BUILDING CONTAINING OFFICES, } . WAREHOUSING AND WHOLESALE ACTIVITIES ON A 2.4 ACRE I PARCEL,IN "PLANNING ARE NO.1" OF THE `OAC" LOCATED ON THE SOUTH SIDE OF COMMERCE'WAY WEST OF MICHIGAN STREET ' IN"THE CITY OF GRAND TERRACE,"CALIFORNIA WHEREAS, the applicant has applied for the approval of Site and Architectural Review a Case=No. 06-02,Variance Case No. 06-01 and Environmental Review Case'No.06-02 to construct ja two-story commercial/industrial building containing offices,warehousing,and wholesale activities of Essco..Electric; and WHEREAS;the proposed use of the subject site is a permitted use in "Planning Area No. 1 of the 'OAC" Specific Plan; and WHEREAS, the applicant requested a variance to modify -the 25. foot height limit in "Planning Area No. 1 of the 'OAC;" and WHEREAS, a properly noticed public hearing was held by the Planning Commission on Thursday, April 6, 2006', and WHEREAS,-under the California Environmental Quality Act (CEQA) Guidelines, Article 6, .Section 15070, the proposed project to construct a two-story commercial/industrial building for Essco Electric qualifies for a Mitigated Negative Declaration in that there is no substantial evidence that the project will have a significant impact on the environment. The environmental assessment of this project was completed under.Environmental Review Case No. 06-02. NOW THEREFORE;BE IT RESOLVED BYTHE PLANNING,COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AS FOLLOWS: The proposed project and uses are consistent with the intent of the Grand Terrace Municipal.Code and the General Plan in that the use is allowed in "Planning Area No. 1-of the 'OAC"and meets the standards of the said Planning Area as required by the,Site and Architectural Review. 2-. The. locations and configuration of all structures associated with this project are, visually harmonious with this site and surrounding sites and structures,that they do not interfere with the neighbors'privacy,that they do not unnecessarily block scenic -views from other structures and/or public areas,and are in scale with the townscape and natural landscape of the area. The design and appearance of the proposed buildings will be consistent with surrounding development. In addition, the site will be appropriately landscaped to blend in with existing development in the area and will utilize decorative walls to mitigate the appearance of the,project. 3. The architectural design of the structure,its materials,and colors utilizing earth tone- colors are visually harmonious with surrounding development and natural landforms; are functional for the proposed project; and are consistent with the Grand Terrace ATTACHMENT 15 Municipal Code. Said materials will match existing materials and colors_ of the surrounding commercial areas. 4. The .plan for landscaping and open-spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and,nearby commercial. developments. The proposed landscaping of the site will-be minimize any visual impacts related to the proposed project. 5. Because the site has no natural vegetation and is not part of abillside,there will be no'indiscriminate clearing of property,.destruction of trees or natural vegetation or _ the excessive and unsightly grading of hillsides. Thus the-natural beauty of the city, its setting and natural landforms will be preserved. 6. The shape and configuration of the proposed site warrant ,a modification of the height limit to allow for the same amount of floor area for a more regularly shaped parcel. 7. Because of the special circumstances,the strict application of.the height standards of "Planning Area No. 1' of the 'OAC" deprives the subject property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 8. The granting of this variance will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated. 9. The design and locations of all signs associated with this project will be subject to f_ the approval of a separate sign program to insure that the signs will be consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace.Municipal Code. 10. Conditions of approval for this project necessary.to-secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval as set forth in the accompanying Resolution of Approval. BE IT FURTHER RESOLVED that SA-06-02 , V-06-01,and E-06-02 are hereby approved subject to the following conditions: 1. The- proposed two-story commercial/industrial building containing offices, warehousing and wholesale activities shall be maintained in conformance with the Site and Architectural Review as approved by the Planning Commission on April 6, 2006. All plans shall be consistent in terms of property lines and other measurements. Minor changes or clarifications maybe made by-the Community Development Director or his designee. 2. The proposed colors and materials to be employed shall be. in substantial conformance with the color and materials board exhibited at the public hearing on April 6, 2006 excepting that-the color palate for the building shall match the brown and earth-tone colors'shown on the rendering exhibited at the April 601 meeting. 3. Pay all applicable development fees, park fees, and school.impact fees. 4. All construction activity related to this project shall comply with the City's noise ordinance as stipulated in Chapter 8.108 of the Municipal Code.. 2 . I • 5.` All construction debris shall be collected and placed in appropriate containers on a a daily basis, and the construction site shall be maintained in a neat.and orderly manner. 6. All' mechanical equipment shall be screened from, public view, and all rooftop mechanical equipment will be screened from view by either the architectural f. features of the building or by screening to be approved by the Community Development Director. 7. The applicant shall comply with all requirements of the County Fire Department, Community Safety Division, including comments made in its letter dated March 14, 2006. e j 8. The applicant shall comply with all recommendations listed in the memorandum from the Director of Building and Safety/Public Works/Housing in his memorandum i dated March 20, 2006., 9. The applicant shall comply with all requirements of the County Fire Department, Hazardous Materials Division, as stated in its letter on this project dated March 28,, 2006. 10. The applicant shall comply with all requirements of the Riverside Highland Water. Company as-outlined in its letter dated March 28, 2006. 11. Any proposed trash enclosure shall be constructed of masonry block or other ' materials to be approved by the Community Development Director. ,The trash enclosure shall be covered-as indicated on the approved site plan. j12. Three copies of landscaping and irrigation plans shall be submitted to the Community- Development Director for review and approval. The 'proposed landscaping shall be in substantial conformance with the preliminary landscaping plan exhibited at the public hearing on April 6, 2006 including plant types, location; size and spacing. The proposed 'landscaping shall also reflect Table 1-6, "Master l Plan List" of the "OAC" Specific Plan and be prepared by a licensed landscape architect. 13- The parkway within, the public right-of-way shall be landscaped to match-the 1 proposed landscaping of the site. Said landscaping to be shown on the required landscaping plans. In addition, the applicant shall be responsible for the irrigation and maintenance of this parkway landscaping. 14. A revised site plan shall be submitted to and be approved by the Community Development Director showing the proposed 4 feet of dedication along Commerce Way. i 15. The applicant in the operations of this facility shall comply with the City's Noise Ordinance (Chapter 8.108 of the Municipal Code).at all times. 16. All proposed signs for this project shall be subject to a separate sign program application to be reviewed and approved by the Community Development Director. 1 Said sign program to be compatible,with the standards of the "OAC" Specific Plan sign standards. I 17. A fencing plan shall be submitted to the-Community Development Director for 3 review and approval prior to the issuance of building permits. Said fencing shall be in substantial: conformance,with-the plans and drawings'exhibited at the public hearing. Said fencing shall be decorative in nature along Commerce Way and along the southerly property line where,the existing commercial building to the south -does not abut the.southerly property line. 18." No vehicle maintenance or washing of vehicles shall take place on the site. 19, The applicant or property owner shall merge the two-existing parcels into one parcel prior to the issuance of building permits. 20. A Drainage Study shall be prepared by a Civil Engineer in accordance-with the standards of the County of San Bernardino Hydrology and Design Manual to the satisfaction of the Community Development Director. The Drainage Study shall include; but not be limited to, the evaluation of the capacity of-the downstream storm drain. The study shall include the design of all facilities required to mitigate downstream deficiencies and impacts to the -satisfaction of the Director of Community Development. 21. , Improvement Plans shall be prepared by a Civil Engineer for..the design-of the facilities required by the Drainage Study. 22. A preliminary soils report/Geotechnical investigation shall be prepared for the project. 23.. A Grading Plan prepared by a Civil Engineer'based on the recommendations of a - Geotechnical .Report shall be prepared and approved by the City prior to the issuance of a Grading Permit. 24. All slopes over 4 feet in height shall be irrigated and landscaped. 25. The Grass swale/Drainage Retention.Area shall have a 5:1 maximum side slope unless otherwise approved by the landscape architect. , 26. A Precise Grading Plan shall be prepared and submitted-to the.City for review and approval prior to the issuance of any Grading Permit for this project. . 27. Prior to any work within the Public,Right-Of=Way, 'improvement plans shall be prepared by a Civil Engineer and approved by the City, and an Encroachment Permit shall be obtained from the City of Grand Terrace. 28. All parking areas shall be surfaced and maintained with asphalt, concrete, or other permanent, impervious surfacing material as required by Section 18.60.040B of the Zoning Code. 29. The private Street Lights and parking lot lighting shall .be designed to minimize impacts to the adjacent neighbors. A lighting plan shall be prepared and submitted for review and approval by the Community Development Department prior to the issuance of building permits. Night lighting for the buildings and parking areas shall be designed to reflect away from nearby residential areas and public roadways. Light standards on the site shall not exceed eighteen feet in height as measured from the finished grade of the parking surface. 30. Prior to the issuance of grading permits, the applicant shall comply with the City of 4 Grand Terrace Stormwater System Ordinance (Ordinance No.-142, Subsection 1.010, 1993) and the Santa Ana Regional Water Quality Control Board's NPDES Permit for San Bernardino County, as required under the Clean Water Act. 31. The developer shall pay the appropriate traffic impact fees as required by City I Ordinance No. 190 prior to the issuance of building permits. Said fees to be calculated by the City's Building Official. i j 32. All contractors working on this project shall acquire a valid City,business licence. , f 33. This approval shall expire one (1) year from the date of its approval unless the applicant has filed for a building permit. In case the applicant can not comply with ! this deadline, then the applicant shall apply for an extension of the one-year prior j to the original expiration date. Said time extension to be granted by the Community Development Director. In conformance with Section 18.63.100 of the Zoning Code, no additional time beyond two(2)years from the date of the initial approval shall be granted. I PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 6th day of April, 2006. AYES: I , NOES: ABSENT: ; i • I ABSTAIN: i ATTEST: APPROVED AS TO FORM: I - i - Brenda Mesa, Doug Wilson, City Clerk Chairperson, Planning Commission I • c:\MyFiles\JOHN\Essco\SA-06-02resolution.rev i 5 APR 1 ?pp p APPL_ ICATION FOR APPEAL f�0,�GRAN, T� • ,~R�`��NAR RACE - APPELLANT NAME: Raymond Johnson for: Citizens for Responsible and Open Government ADDRESS: 26785 Camino Seco CITY: Temecula,.CA 92590 PHONE.NO: 951 506-9.925 SUBJECT PROPERTY ADDRESS: Commerce Way -� APPEAL This application.is for the purpose of appealing_ the following: A Planning Commission Decision A.Site and Architectural Review Board Decision Other File or Permit number: SA-06-02,.V 06-01, E-06-02 Please specify what portions of the Planning Commission's or Site and Architectural Review Board's decision you are-appealing: See Attached ATTACHMENT 16 i I - a f , I i . Please state any facts regardiWtswhich you feel are in dispute: 5ee f Please explain why you:feel the Planning Commission's or Site-and Architectural Review Board's decision should be changed by the City Council. Be specific and include any evidence which supports your positio f • i I ' r i 4 i i I I 1 _ STATEMENT OF VERIFICATION I I verify that the information I have provided in this .application is true and correct.IM , A ell nt Date I \PLANNING\CE\APLAPPL I � • JohnsolgQ,Sedlack ATTOR S WL'A W ' Raymond W.Johnson,Esq.AICP 26785 Camino Seco,Temecula CA 92590 E-maiL--RWJ@johnson-sediack.com Carl T.Sedlack,Esq,Re&ed www johnson4edlack com Abigail A.Broedling,Esq. y@ Abb �ohnson-sedlack.com _ Veera K.Tyagi,'Esq. Veena@johnson-sedlack.com, Tekphom- 951-506-9925 Facsimile: 951-506-9725 April5i 2006 City of Grand Terrace Planning Commission RE: SA-06-02,V-06-01 &E-06-02 This firm represents Citizens For Responsible and Open Government and submits these comments on their behalf. The Project is inconsistent with the requirements of the OAC Specific Plan and EIR., The Project is'also inconsistent with the Development Code,Government Code and CEQA: The Project proposes a total of 26,390 square feet of space. This amount will exceed the allowable square footage for Planning Area 1 of the Specific Plan. The minimum right-of-way for the project is a half width of 44 feet,not 40 feet. The Building height exceeds the maximum 25 feet provided in the Specific Plan. The project does not meet the requirements for the sound wall along the north property line. The walls are not according to the design specifications of the Specific Plan. The project does not comply with the mitigation measures of the OAC Specific Plan EIR. There is no required traffic analysis or payment of traffic mitigation fees.or requirements for construction of roadway improvements required by the Specific Plan. There is also no acoustical analysis as required by the SP EIR. There has been no study for the burrowing owl as_required by the EIR. Additionally,the EIR required the mass grading of the entire site,not incrementally. The project does not comply with the Air Quality or Noise mitigation measures of the SP EIR. The project does not comply with the Geology and Soils requirements of the SP EIR The Project does not comply with the hydrology and water quality requirements of the SP EIR. The project does not comply with the requirements of the SP EIR for paleontological resources. I { I - The proposed Negative Declaration is conclusory and unsupported by substantial evidence. The SP EIR provides substantial evidence of the impacts addressed above. The findings for the variance are not supported by substantial legally relevant data. Any perceived problems are as a result of the project design and are thus self induced hardships. i There is nothing to support the need for the second story. As has already been discussed, ' the project will result in the exceedance of the developable area of Planning Area 1. I The landscape plan,amount of landscaping and landscape treatment and building design_ are not consistent with the SP requirements. The overall design does not comply with the requirements of the SP design guidelines. The proposed use is not consistent with the requirements of the Development Code. The use is not permitted within the CG land use designation,certainly,no without a conditional i use permit. The SP requirements do not appear to change these requirements since it 1 specifically stated that no uses would be permitted within the SP that were not already permitted under the current zoning and that requirements of the development code for CUP's would remain. Because of these problems,the plan cannot be approved as is and the Neg Dec must be i redone to analyze the actual impacts and impose the requirements of the SP EHL - iThank you for your consideration. Johnson&Sedlack { lit By; Raymond W.Johnson,Esq.AICP i - i • I • I i I I ' I Community and Economic Development Department CALIFORNIA GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING April 6,2006 The regular meeting of the Grand Terrace Planning Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on April 6. 2006,at 7:00 P.m.,by Chairperson Doug Wilson. PRESENT: Doug Wilson, Chairperson Matthew Addington,Vice Chairperson Tom Comstock, Commissioner Robert Bidney, Commissioner Darcy McNaboe, Commissioner Gary Koontz, Community Development Director John Lampe,Associate Planner Rose Smith,Planning Secretary 7:00 P.M. CONVENE SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING • Pledge of Allegiance led by Commissioner Bidney • Roll Call PUBLIC PARTICIPATION:— None Chair Wilson: Chair Wilson introduced the project. ITEM• 1. SA-06-02 and The project will consist of the construction of a two-story commercial/industrial V-06-01/E-06-02 building containing offices, warehousing and wholesale activities. The building will contain approximately 26,390 square feet of floor area with a maximum height of about 34 feet. Other areas of the property will be developed for employee and customer parking, truck loading and unloading areas, and landscaping. The Site and Architectural Review (SA-06-02) has been filed for the design and layout of the project, and the Variance (V-06- 1 22795 Barton Road • Grand Terrace, California 92313-1. ATTACHMENT 17 1 f ' I 01)has been filed to modify the height limit in"Planning Area No.-1" of the Outdoor Adventures Center Specific Plan. I APPLICANT: Howard Parsell Company on behalf of Essco Wholesale Electric Company f LOCATION: An approximately 2.4 acre parcel located on the southerly side of Commerce Way beginning about 240 feet westerly of Michigan Street. RECOMMENDATION:Open the public hearing, receive testimony, close the Public Hearing and approve SA-06-02, to construct a two-story commercial/industrial , j building; approve V-06-01, the variance to modify the height limit in Planning Area No. 1 of-the Outdoor Adventures Center'Specific Plan; and approve E-06-02. i I STAFF' i i - Associate Planner Lampe greeted the Commission'and presented his staff report as follows: The subject site (project) is'located on the southerly side of Commerce Way off of Michigan Street and the site consists of two parcels. It is about 2.4 acre in size and has. a maximum northsouth dimension of 200 ft. and eastwest of 700 ft. It is an irregularly shaped parcel located on the southerly side'of Commerce Way. The site is currently level, but it appears that it's been rough-graded on the easterly portion where it is about 3-4 ft. higher than the westerly portion of j the site. Overall, the property does slope in a westerly direction towards the freeway. Surrounding areas are developed with commercial wholesale uses to the northwest. The wholesale hardware facility is located across Commerce way. The Superior Pool site at this location, right here,,is the current Essco building and facilities located northwest of the subject- site; The purpose of tonight's meeting is to approve the new location. Essco will be moving across the street with the new building facility as proposed tonight. I j Access to the site is;provided by Commerce Way. The Department of Building and Safety/ Public Works is requesting an additional 4 ft. of widening along the frontage for the ultimate widening and improvement of Commerce Way. The subject site lies within Planning Area No. 1 of the Outdoor Adventures Center Specific Plan (the "OAC" as it's called). This is Planning ' Area No. 1, which does permit general retail and wholesale trade businesses such as proposed by the applicant tonight. The proposed use is consistent with Planning Area No. 1 as allowable use. Also,located in Planning Area No. 1 are the businesses just described together with the Cal State building to the immediate north of the subject site. This is a skating rink which has been there for a number of years. The properties to the east lie within the Barton Road Specific Plan, including a mobile home park to the east of the subject site. Properties farther south are developed for residential uses and are in the single-family R-1 zone. Also to the south is a small 1 business park that is CM (commercial/manufacturing) in this location. Further south on Michigan St. are additional residential R-1 properties. Properties to the southwest of the site are also in the Outdoor Adventures Center. They are located in Planning Area No. 2 of the Outdoor Adventures Center, but are presently vacant. This is the site plan with a full-scale drawing, and it's up on the display board behind showing fthe proposed development consisting of the approximately 26,000 sq. ft. building in this location' in the-easterly portion of the site. The westerly portion of the site, which is about an acre in size C 2 is devoted to the yard area for the transportation, delivery and storage needs of the facility. The front portion.of the building has a 3,000 sq. ft. second floor. The main reason for the variance request tonight is to allow for that second-story, the front part of the building.to be used for offices. The yard area shows four lock-loading docks on the westerly side of the building together with a fork-lift ramp in this location, south of the property line. Also shown are 15 parking spaces that will be used for employee parking in the southwest corner. In the extreme southwest tip will be a landscaped area that they'll also use for part of the water retention, and part of the overall scheme for drainage of the property. Additional parking for employees and customers will be provided at the easterly side of the property. There's a 30-space parking lot in this location, and additional 17 spaces on the north side of the property building next to Commerce Way. Vehicle access to the site will be provided by three driveways. This driveway is mainly for- passenger cars and relatively small vehicles. Two large driveways farthest to the west and at 40- 50 ft. in width will be large enough to accommodate trucks that will be making deliveries as well as providing transport for materials,that they are selling at their site. The yard area that is,shown on the site plan will be enclosed by-an 8 foot-high wall, which will be decorative in nature on Commerce Way as shown on the site plan. Each driveway location for the vehicles in the yard area will have a wrought iron decorative gate. The typical front elevation of that wall and gates were shown on Sheet A3 (the elevations). This is the floor plan of the building shown on Sheet Al in the packet that was given to the Commission, showing that there will be large warehousing area of over;20,000 sq. ft.. On the first floor, there will be an additional 3,000 sq.R. of office area; and this is.the "will-call" area where customers and clients will be coming in to do-their business in the facility. That "will- call" area will be about 2,000 sq. ft. in area. The westerly part of the building, as shown on the floor plan, is where the-4 loading docks will be, and way down at the southwest corner is the access for forklifts.All of the openings for the docs and-forklifts have roll-up doors. The second floor plan mainly shows the first and second floor offices that are proposed for the use of the employees. On the first floor, there will be sales offices next to the "will-call" area., Clients or customers go in there to discuss and make their orders. There will be,additional private offices and conference rooms, and other incidental rooms for the employees' lunch break . and restrooms. The second floor will be similarly developed with private offices, file cabinet storage,restrooms, and conference rooms. Sheet A3 shows the elevations for the northwest and east elevations of the proposed concrete tilt- up,building. However, they do have various architectural features reflecting the "OAC" theme; the craftsmen's detailing over the windows, and also over the north and east entrances. This will include the simulated wood trim around.the windows and the simulated wood trim around the doorways. Additional architectural embellishments consist of the use of decorative reveals and recessed inlets in the northwest and east elevations to add architectural relief to the building. The recess inlet will also be used on the decorative fence along"Commerce,Way. Also, as seen on the north elevation, the proposed building will have a height of 34 ft.,where there are two- stories seen on the north elevation. The remainder of the building, the south part, will have a height of 30 ft. where it does not have a second story. In Planning Area No. 1,the height limit is normally 25 ft. However; there is specific language in the "OAC" that says that in Planning Area No. 1, the Commission may modify this 25 ft. height, and up to 35 ft., by filing a variance. 3 I I I i The staff does believe that the irregular size and shape of the subject site would warrant the granting of a variance for the request of a two-story structure in order to allow for the same amount of floor area as more regularly shaped properties in the area. -We have also been supplied, by the applicant, a preliminary'landscaping plan showing a detailed plant palate, which includes trees, shrubs, and turf areas. Tree sizes, mainly 24" box size, will be substantial. The landscaping will be located mainly around the two parking areas to the east and north of the building. A substantial landscaping strip will run along the Commerce Way frontage and will add to the appearance of the property. Also, a large landscape area, as I i pointed out earlier, is in the retention area that's at the western tip of the site. There is a detailed I plant palate in the Outdoor Adventures Center Specific Plan. We have added a condition that the ! final landscaping plan, as reviewed and approved.by the Community Development Director, will j have to be in compliance with the landscaping plant palate of the Outdoor Adventures Center. We are, also, in receipt of a preliminary grading plan for this project, which shows that the site will drain along a swale. The grading plan will show that there's a swale that will allow for drainage running along the northerly part of the property flowing into the retention area at the westerly end of the site. The applicant is here tonight to answer any questions the Commission might have about compliance with the City's"NPDES"requirements. We, also, have a color and materials board that shows the, basically, earth-tone colors to be employed on this building. Again,this is in compliance with the design standards of the Outdoor Adventures Center, and I am sure the Commission has noted that the applicant has gone through some extensive trouble preparing color versions of the landscaping plan and the proposed elevations of the building for their consideration. I i I This project was evaluated in terms of the requirements under the California Environmental Quality Act. The staff concluded that the project does qualify for a Mitigated Negative . Declaration in that the project will not have an adverse effect on the environment. Lastly,the staff is recommending this evening that the Planning Commission approve SA-06-02, Variance 06-01 and Environmental 06-02 based on findings and facts, and recommend that the Condition of Approvals as set out on Attachment 15 of the Staff Report as well as the Resolution of Approval., That does complete my presentation Mr. Chairman, and I would be glad to answer i any questions you or the Commissioners may have at this time. Director Koontz: One quick note before we start with that part of it. Commissioner Addington asked me a question concerning the condition on the parcel merger under Condition 19 of the Resolution. Vice Chair Addington: Thank you. i i Chair Wilson: I would like to take a little bit of time. We did receive a late entry in relation to an item from Johnson & Sedlack. The Commission has not had an opportunity to review that. We will take that time right now, and then'see if there 'are any comments. Let's take a few minutes. (Long Silence) 4 f , Chair.`Wilson: Commissioners,have we had sufficient time'to digest it? Commissioner Addington: Thank you. Chair Wilson: To say that we note Mr. Johnson's objections, we will 'proceed based on the strength of staff s responses to Mr. Johnson''s-'objections. Let's open up the time to discuss this matter with staff and receive any questions or comments the Commissioners may have in relation to the Staff Report. Coma issioner-Addington:' I do have one question. Gary, thank you for answering my previous question on the lot merger. Looking at Planning Area No.1, one exhibit you provided for the "OAC", it shows landscaping down a median. ,Now, I realize this'is only one part of the total "OAC",'but at what phase of the"OAC"are we proposing to actually construct the median? Director Koontz: If you recall, during the public-hearings we had on the "OAC"., which were quite extensive, there was quite a discussion received from the existing,property owners and businesses along this existing segment. They,were very concerned about changing the street pattern. If you recall,there was quite a discussion that the median would actually start below the existing.street where it ends because we're going to have an additional right-of-way out there. It is very difficult to provide a median within the existing right=of--way with existing curbs and gutters, existing buildings and all that, to really have the entire Commerce Way with a median. For the rest of it, it is going to be widening out as we go from the south. 'There's a commitment made,we can,go back to the minutes,to all the existing businesses there-that we weren't going to really destroy their access on to the properties. Commissioner Addington: So, south of where the road ends, it'll widen out into a divided road with a median. Director Koontz: Right. The section is going to transition from here going_further south. Commissioner Addington: To what, 92, 94, 96? Director Koontz: I forgot the exact width,but it's got a landscaped parkway and median. Vice Chair Addington: Wider than 88 feet. Director Koontz: Yes. Chair Wilson: Any other questions or comments from the staff? Vice Chair Addington: Just one. Looking at the green colors and looking at the exhibit with the brown colors, are one of these off? Director Koontz: Let's refer that to the applicant. Vice Chair Addington: Alright. Thank you. 5 I i Chair Wilson: I do have one question of staff. I know that our"OAC"requires an 8 ft. concrete wall with pilasters or whatever you call it, but I don't believe that I know what the treatment of j the wall face will be, and I don't think I saw it here. ! Director Koontz: There,was a section somewhere on the elevations.that shows it is an 8 foot wall, it's concrete and it will have pilasters. So, to us, because this is a kind of a stand alone parcel,an 8 foot'wall, it has-pilasters,it's concrete, and it's capped, it coincides with the general i direction of the Outdoor Adventures Center Specific Plan. Most of the conditions and requirements of the "OAC"are really focused on the major brand new development, big projects where,we can standardize everything. Where as here, because you have stuff across the street, it's kind of a transitional area. We spoke with the applicant and the owner at length trying to blend in the "OAC" and the craftmen's theme and all of that as much as we could into a tilt-up concrete building, and they've been very, very cooperative. I think we've come a long way, and it kind of matches the "OAC"requirements. 1 - j Chair Wilson: Is it a plastered wall? What is the finish on-the face? Director Koontz: I believe it's concrete. You can have the... Chair Wilson: Just painted concrete. Director Koontz: Right. With landscaping in front, one of the big issues as someone has said, i "we're worried about graffiti." So, I believe the applicant can expand on that, also. , Chair Wilson: Any other questions from the staff? Chair Wilson invited the.applicant to speak I on behalf of his proposed project. Howard Parsell Howard Parsell Company 4854 Main St. Yorba Linda,CA On-behalf of Essco Wholesale Electric Company i My company will be engineering the project. We have read the staff report. Gary and John, we appreciate.your input. We agree with the Condition of Approval. It will be a very nice project i for Essco. , i To answer your question, the wall will be totally concrete and painted. There is a great graffiti paint out there, and we might try that. It makes the cleanup easier. I think the best bet will be to C grow vines. We do have a 10' landscape strip, and we'll have the opportunity to landscape pretty good; and the wall does have those medallions that will, hopefully, match the features of the building. There's some tie there. Regarding your concern about the color, lighting and so on, it's been so long since I did that board that I can't remember; but I think the rendering is fj probably not the colors. We're looking for a beige/brown and red/brown. Vice Chair Addington: O.k.,and on the board it's green. Alright. Thank you. Howard Parsell: I'm sure we can make it work. We'll do our best. i 6 i Chair Wilson: What's the spacing on the.vines.that you.are going to put in? Sure, you're Tight, the vines are going to be a solution on the wall. Howard Parsell: Yes, we haven't gotten fully .into detail with the landscaping yet, but I'd recommend something very dense, something that will grow quick. Chair Wilson: Thank you. Any other questions? Vice Chair Addington:- Just one. One of the questions that I typically ask is regarding the NPDES compliance, How do you: propose to comply with all of that? I know you have the one basin, but can you just give me a description of how you are going to comply with that with WQNT? Horward Parsell: Yes. We've got a substantial area set aside for infiltration into the-bio basin, what we like to call a retention basin, which will handle first flush situations. We fortunate enough to,have a pretty good storm drainage right to the west with a San Bernardino County Flood Control storm,drain,which we are assuming and hoping we can tie,into so that one of their. pipes that will be available to handle big flows, will take it,directly to the storm drain after the filtration process. We will submit the WQMP and SWEPP as required.. Vice Chair Addington: Thank you very much. Commissioner Bidney: I have a question in regard to hazardous waste containers. What kind of -J hazardous waste do they have? Howard Parsell: I think that's a fairly common issue for the Fire Department,but we don't handle any hazardous material at all. Basically,we carry electrical supplies for construction situations.. Director Koontz: The Fire Department requirement for-Haz-met business plans is standard. Every business in the County, and pretty much in all of California, has this in its business plan; whether they've got hazardous waste or not. At least, they acknowledge that in writing,to the Fire Department. Commissioner McNaboe: Do you have any plans for passive lighting,heating or cooling? Howard Parsell: We're going to have to comply with energy conservation requirements. , Chair Wilson: I would like to open up the public participation portion of the meeting and invite, Patricia Farley to speak. Please state your name and address. PUBLIC TESTIMONY Patricia Farley 12513 Michigan Avenue 7 i I I am formerly opposing what I consider to be a very irresponsible mitigated negative declaration, j which you are being asked to approve, for numerous reasons. This proposed project is on a- specific plan, and there'are certain legal regulations on the specific plan for this property. It is not to be broken off, developed separately. The plan that was submitted before, and already being legally challenged, put Essco expansion in Planning Area No. 2, not Planning Area No. 1. The City has consistently told the residents of this community that the reason for using all our tax money to buy up property to control this land was to prevent exactly what is being proposed here. I am very disgusted, both with the City and with Essco; for what has been going on for the last few years and where Essco is right now. It has very unsightly outdoor storage, which I don't believe they're supposed to have it where it is. It is not suppose,to be in the zone where this is. i Warehousing and outdoor storage is not supposed to be there. It is too big to be moved even closer .to Michigan, Street and residential property. -The "OAC" Environmental Report specifically states that no permits will be issued for any building on the "OAC" project until circulation plans and grading plans are finalized, and payments for proper permits are made, etc. I-have something right here saying that we're not going to have tilt-up buildings, and the pollution.and transportation is suppose to be addressed, etc. Our Traffic Engineer doesn't even know from his report what street this building is on. A fee of$24,618.00 is supposed to be paid for improvements.to roadways to the County before anything is approved. i Chair Wilson: Your time is up. Patricia Farley: How can my time be over?I have 3 minutes. f Chair Wilson: It's three minutes. Mr. Brian Phelps? 'Patricia Farley: Well, I would like to say one last summary thing. _ Chair Wilson: -Sure. ` Patricia Farley: To tell me that this.represents the Outdoor Adventures Center flies into the face of any intelligent person. ' I Chair Wilson: Brian Phelps? Brian Phelps 2275 Ranch St. I only have a few'things here. I am concerned about the outdoor storage. I know where it's at now. If it is going to be some outdoor storage, where will it be? Will it be near the forklift ramp there, will it be visible from the street? Will any of the HVAC equipment be visible from the 'street? Are,they going to have good screening'there? I would like to see some kind of cornice on the top of those buildings so they don't look quite like a tilt-up building. They look fine as they are. Better disguise that. I didn't see anything on their lighting plan and what it is going to f look like. I don't know if that's coming later or not. In regards to the parking area in the front where the "will-call" area and such is, which ends right against the back wall of the adjacent building, I would prefer, maybe,.some tall landscaping or something to break up the base of that concrete wall that is going to be seen on back of that other I 8 building. Right now, it looks like it's just a wall that's_ going to be there. Perhaps some sort of landscaping area right there as well. Greg Goucher 12019 Honey Hill Drive I own Winnelson Company right across the street from Essco,on the plan here. I also live in the City. I have absolutely nothing against Essco.. I think they're good neighbors. On the City plan where it shows, and as Gary has already addressed, a median didn't show in there. I've been told that median is not going to be there, so I'm curious why it popped up again. Also, John was talking about a 4 ft. widening of the street. I was curious if that's just from one side of the.road, the undeveloped side or if it's coming off with 2 ft. on each side. I don't know, maybe I misunderstood that, I'm note sure. I would like to get a clarification on that. One of the things I know that got brought up is outside storage, which is a critical feature for them as well as for us. I know that some people are speaking out against it, but I want them to see what the tax base is. Even though'we sell,wholesale plumbing supplies, and ,they sell wholesale .electrical supplies, it doesn't mean that they are tax exempt. Virtually every' contractor we sell to pays taxes. I think that's exactly what the City is looking for. They are a clean organization, and we are, too. Our hours are pretty similar, we're not open- on the weekend, and we don't impact the City and that type of thing. One of the concerns, and I want to bring it up right now, is that they have outdoor storage like we do;-and they've had to take some measures for theft, and so do we. Theft is a big concern down in that area, and I'd like to see if there's a way that we can propose some'kind of solution to control that better. I'm not sure, exactly, what the answers, are,. but I know they've had problems, and we've had the ` problems with,people coming over the fence and helping themselves. We're really not getting a great response from the Sheriff s Department on that. Thank you. Chair Wilson: Bobbie Forbes? Bobbie Forbes 11850 Burns Ave. I only frequent that neighborhood because of the skating rink, and as of late, in the last two months or so I notice that someone has started doing street storage. I don't know the particulars, but there all kinds of equipment or products that are sold; products used in construction stored in what I think is the street. I don't know if it is from Essco. It's embarrassing.' My gosh! I don't know if you've been down there lately, but that's really embarrassing. So, the kids go down there, they party, they drive around, hang out and party in that little pocket. There-are lots of places for them to hang out now, and I don't know if it's legal for them to be`doing that. That's dust one thing I am embarrassed about,that it is a business that's'right in front of the community, and right around where the kids are. I don't know anything bad about Essco, so I can say that. If that's their storage, I don't think it should be out in the street right now or until this building is- built and comes in"place. I do wonder if this is what we're suppose to have as the welcoming mat to the Outdoor Adventures Center area, whenever that comes. Is that.what we are going to see? That is what we're going to see, as soon as one turns down Michigan Street. It's a beautiful building, but is that what we want to project as a welcome to the. neighborhood as the development comes. I think that's my biggest concerns, and that's just really important. We 9 f i need good outdoor lighting for that area, and when someone-comes around the corner, are we going to see from the freeway to Michigan and Barton Road as you turn on all the.other streets? { Thank you. Chair Wilson: I would like the applicant to come up so that we don't lose track, and possibly faddress some of the questions. I'll just summarize a few here. First, the issue of outdoor r storage, and I think it is well noted that you do have a potential for theft and so on. So, how is outdoor storage going to be handled? Can.you address that for us? Howard Parsell — 4854 Main'St. i Yorba Linda, CA j - All of the outdoor storage will be within that 8 foot wall. So, without the 8 foot wall, we can at f lease have security with some tall trees. All the outdoor storage will be screened from'public view. Lighting-will be such that it will keep our property secure, but it will not be glaring into j our neighbors' eyes: I'm not sure how I'm going to handle the theft problem, but I think the rolling gates and the 8-foot wall should help. Chair Wilson: I think that.pretty much takes care of the various questions for the applicant. Director"Koontz: One of the topics of discussion in the very beginning were the visual issues here and the outdoor,storage, and we made it very clear to them that from the street, we didn't want to see stuff stacked up along here. If you're going to stack anything along this wall, it's jbing to be below the level of the wall. If there is an 8 foot wall, the view from the street is f f where you're looking up an 8 ft. wall, and we better not be seeing a lot of stuff above that wall. For anything that is high, we suggest they put it back in the corner, and we have told them to be very careful about how high they stack materials. In terms'of the lighting plan, Condition 29 requires a full lighting plan. Chair Wilson: -In terms of the question concerning the additional 4 feet of right-of-way. } Director Koontz: That's primarily dedication for parkways, and the street is pretty much approved "as is". If you notice, this area along there is wider. That side already has that extra 4 C feet, so we're asking for the extra 4 feet along this side also. I " Chair Wilson: That'-s a dedication. I see it. Thank you. Chair Wilson: One other item. Gary, let's just kind of review or summarize again the situation with the median. I remember the conversations, I remember the discussion, and what we had for our rationale,but why don't you go ahead and just state it again. Director Koontz: In terms of... Chair Wilson: The way the median is going to change down south. Director: Sorry, I didn't.get that... 10 Chair Wilson: The way the median is going to change. Director Koontz: The issue is part of the public-hearings. I think this was brought up at both the public hearings for the Planning Commission and .the City Council, whereby the existing businesses along the street_were very concerned. One,they want to stay there and didn't want to be displaced. Neither the Commission, the staff, nor the Council wanted the displacement. So it was a matter of accommodating: So, there was an issue of, o.k., we've already got all the improvements in here,let's work with this the best we can. Once we get to the end here, then we'll start flaring out and adding additional right-of-ways so we can put in the median and all the . other landscaping. The exhibit that you,saw before still shows the median. That was the original exhibit in the Specific Plan, and that was not changed; but in discussions in meetings, hearings and all that,that was changed with this section right here. Chair Wilson: Might I mention, this body has entertained d median scheme for Barton,Road from the freeway and.going to the boundaries of the City., It's been a great deal of discussion with the businesses in the area on a median that would stretch from, basically, the freeway all the way past the City Hall, but it was violently opposed. And, believe me, I think it's a good idea with the right kinds of release, but when we,got into the issue of this particular area, there are pre-existing uses, and the use that is being proposed here is in accordance with the Outdoor Adventures'Center. There is no surprise here that for what's being proposed, and because of the amount of traffic that will take,place and the type of traffic, it was thought that the median condition would be introduced further down where you could gain the right-of-way. But,,believe me,there's been a great deal of thought in relation to medians throughout.the City. Director Koontz: We talked to Essco about the outdoor storage. They asked,"for a short term, can we just have an encroachment permit and fence that off because it doesn't go anywhere, and it is just a street that deadends?" They said, "we're looking in building a new,building, and once we get that building built, everything is moving,into that building." So, as an interim way to try to help them get through this issue, the City did issue a-validencroachment permit.. The issue is they've got to keep it clean, and they've got to keep it safe.' There's insurance policies on it, and , they've got like a 30-day notice, if we decide we want to get rid of them. But the big issue was, let them do this, operate their existing facility while they are planning and building this,and soon as this is built, all that goes away. Chair Wilson: What is the term of the encroachment permit? That's the term, basically, when ' this building is built,if it is built. Director Koontz: Right. At a minimum, I believe it's like one year and renewed month-to- month after that, or we can just tell them, "30 days, get out." Chair Wilson: The insurance policy covers the City in.the event some individual crashes through into the outside storage? Director Koontz: It covers the City from any liability associated with any activity they are doing on that site. It's like a million dollar policy. 11 i - I Chair Wilson: Is there anyone else who would like to come to the podium and voice their opinion in relation to this particular item? You're welcome, if you'd come to the podium, please. State your name and address. Bobbie Forbes 11850 Burns Ave. On that street, Commerce Way, where it leads down pass the skating rink, for quite a long time j there was some type of vehicle with graffiti all over it. It wasn't really a motor home._ It was some kind of a work vehicle. Does it belong to anybody in the room? - I .Chair Wilson: Let's let staff address that Rich Shields: No, it didn't belong to anybody. We towed it. Bobbie Forbes: It wasn't a local vehicle? I Rich Shields: No. Somebody just decided they were going to park it there. Bobbie Forbes: It was horrible. I'm glad to see that it is gone., I appreciate that. i Chair Wilson: So the removal was an enforcement issue and you followed through on that. I ! Director Koontz: Yes. We seriously focused on this whole area with code enforcements. A lot of people are parking things down there. The other issue is that at the next City Council meeting is going to be an action to redline in front of the industrial park south of Commerce along Michigan. All those big trailers parking there is now, and it's really a site/distance problem. So, I that's going before the Council in the next couple hearings. { Chair Wilson: Anyone else who would like to speak? State your name and address. Brian Phelps , 22857 Wren St. r One additional question I have is regarding the landscaping on either side of all the driveways. Will any of the landscaping block-the view for entering and exiting? I know because on the inside corners, that could be a tough view for any of the drivers that are exiting or entering there since that's going to be the entrance way to the Outdoor Adventures Center - at least one of them. I would have concerns about visual places for traffic there. Director Koontz: The answer to that is "no". On the landscape plan that we see, one of the issues that we always look at is sight/distance visibility, and because of truck traffic and all that, we-will definitely be looking at that to make sure there wasn't anything real high to block that way. Chair Wilson: Anyone else who would like to speak on this item? Patricia Farley? Please state your name and address. ! r 12 Patricia Farley 12513 Michigan Don't count:it part of my minutes,please. Gary was just saying that the agreement was that they would not have outdoor storage, and they're telling you they're going-to have outdoor storage, and I'm telling you the zoning says they're not suppose to have it; and,, also, from the Environmental Impact Report"for the "OAC", it says, specifically, that they are-to construct Commerce Way from Michigan ,to Taylor at its ultimate -cross-section with .as a secondary highway and that's suppose,to be done prior to Certificate of Occupancy for even the first building. So, I guess the summary to me is, I am totally frustrated as a resident that nobody is protecting•our rights and.our_property as to who gets to.rent out our streets., Not rent it, they get it for free. When is somebody going to represent us? Chair Wilson: Thank you. Anyone with any other comments or questions? Would;staff like to address that issue? Greg Goucher 12019 Honey Hill Drive Regarding the comment about the truck, it did take a long time to get it out, but please don't judge our business or Superior or Essco by the semi's and the'things that.are parked across from the skating rink. Most of those trucks, in fact, all those trucks have nothing to do with us. The trucks that come in on a daily basis are contractors making.deliveries. They don't have time to park semi trucks. That's one problem that I see possibly coming down the road for that being an r in-and-out of the "OAC". It's that particular part of the street that is directly across from the skating rink, at the moment, on both sides, which is used for probably overnight-,storage or parking for some trucks. I think there's probably some residents in town who are over-the-road drivers. So, that might.be a concern. The address, the outdoor storage, but if you drive by our place, you know what, we've grown, too. We're real happy to be here, it's a good"spot.to be. We have some stuff that, quite frankly, I didn't ever think it would be where it is right now. But, it's piled very high: To'me, I like seeing it, because it means that we are busy; but, I'm sure some residents will drive by that might say it doesn't look real good. So, I don't know if there's some point where we can come to some kind of a solution. Maybe, we can go to a 12 ft. wall or something on our ,side, and we can probably live within those parameters; but there are some things I think that we can do, also. We're looking for the same -- for some help and solutions, too. If we have to raise a block wall or something, maybe there are some funds that we can share. Those are my thoughts. Thanks. Chair Wilson:. Thank you. Please feel free to work with the staff in relation to that. Director Koontz: In response to your question, you .may recall that this whole area along Commerce Way was included in the "OAC", and because we saw it as being the primary entrance into the area. We wanted to make sure that any new buildings that were constructed, landscaping, and the architecture provided some consistency with the "OAC". The.real "OAC" project is everything farther south of this. All the infrastructure is in, these are existing graded pads, and this is an existing business that wants to expand. They are just moving across the street. We saw this as being consistent. Anything farther south that is proposed, yes, all those 13 i i conditions, and all those requirements on undeveloped land definitely would apply. With this one, everything is already in. So, it's just what is existing. Chair Wilson: Would anyone else like to comment on this particular item? If not, we will bring it back to the Commission for discussion, votes, entertain a motion? i Vice Chair Addington: Mr. Chairman for starters I would like to make a motion to condition the color palate on the building to match the brown and earth/tone colors that is shown on the rendering. MOTION PC-06-2006: , Vice Chair Addington made a motion to approve the color palate on the color board presented to the'Commission. Chair Wilson seconded the motion. { MOTION VOTE PC-06-2006: Approved 5-0-0-0 r _MOTION PC-07-2006: Vice Chair Addington made a motion to approve SA-06-02 and j V-06-01/E-06-02. r Commissioner Comstock seconded the motion. MOTION VOTE PC-07-2006: Approved 5-0-0-0 ADJOURN SITE AND ARCHITECTURE REVIEW BOARD/PLANNING COMMISSION MEETING 8:00 Pm f CONVENE PUBLIC W&MHOP SESSION • INFORMATION TO TH COMMISSIONERS Director Koontz: This is the onl item tonight,,but ' you recall at the last meeting, we talked about having a special joint City ouncil/Plannin Meeting session. That was supposed to be last week. At the last minute, orie f the applic s or proposed developer requested additional time to prepare a presentation. So; at meetin has been rescheduled for next Thursday. So, you should be receiving notification f the joir}$meeting. Chair Wilson: At what time,Gary? Director Koontz: That'll be at six o'cloc , eir standard meeting time,next Thursday. Chair Wilson: Are we going to end u with s me more package material? j - Director Koontz: Oh,yes. i Chair Wilson: O.k. Any other ' ormation for the Commissioners? 14 Community and Economic Development Department CALIFORNIA TO:_ Planning Commission Members FROM: Community Development Department . DATE: Thursday,April 6,2006 ,SUBJECT: , SA-06-02, ,V-06-01 and E-06-02 to construct a two-story commercial/industrial building containing offices,warehousing and wholesale activities. r APPLICANT: Howard Parsell,Company on behalf of Essco Electric LOCATION: An approximately 2.4.acre parcel"located on the southerly side of, Commerce Way .beginning about 240 feet westerly of Michigan Street, RECOMMENDATION: Receive the staffs presentation,open the public hearing and receive public testimony,close the public hearing and approve SA-06-02,V- 06-01,and E-06-02' 'REQUEST: The applicant is requesting approval to construct a two-story commercial/industrial building containing.offices,warehousing and wholesale activities on behalf of Essco Electric. The building will contain 26,390 square feet of floor area. The proposed building will have a maximum height of 34 feet. Other areas of-the property will be developed to employee and.customer parking., truck loading and unloading areas and landscaping. This project is the relocation.of the existing Essco facility on the northside of Commerce Way Essco 'Electric operates an electrical wholesale operation which-includes the resale'of pre- ATTACHMENT 18 22795 Barton Road • Grand Terrace, California 92313-5; I ' I - • i manufactured electrical products via `will-call" customer pick-up, warehousing and delivery of electrical products. (For a detailed description of Essco's operation,please see the"Letter of Intent" j prepared by the owner of the proposed site,Attachment 1.) In addition, according to.the applicant, i there will 35 employees on two shifts: 1 - SITE AND SURROUND AREA: l The subject site is a;vacant, 2.4 acre parcel located on the southerly side of Commerce Way beginning about 240 feet westerly of Michigan Street. The site is irregularly shaped with a _ f maximum east-west dimension of 704.64'and a maximum north-south dimension of 200.13'. The j site is fairly level but appears to have been"rough"graded with the easterly portion about 3 to 4 feet higher than the westerly portion. Overall,the site slopes to the west. The subject site consists of two recorded parcels, a Parcel 5 of 1.35 acres and a Parcel 6 of 1.03 acres. A recommended condition of approval is that these parcels be merged.into one new parcel prior to the issuance of building permits. The surrounding area is developed with commercial and wholesale uses to the north and west, a j mobile home park and residential uses to the east and vacant parcels, a small business park and additional residential uses to the south. One of the buildings of the business park to,the south sets on or near a portion of the southerly property line of the site. Access to the project site is provided by Commerce Way which has a planned right-of-way of 80 feet • in this location.- The existing right-of-way along the subject site varies from 72 feet to 76 feet. An additional 4 feet of the subject site will be required for future street widening"to provide a forty(40) foot half street right-of-way on Commerce Way." Dedication and street improvements have been requested by the Department of Building and Safety/Public Works. According to.the City's Storm Drain Map there is a 24" storm drain at the end of Commerce Way ` at the westerly end of the site. For an aerial view of the site and surrounding area,please see Attachment 2. I GENERAL PLAN AND ZONINGS The subject site is located in"Planning Area 1"(Gateway Commercial)of the Outdoor Adventures Center Specific Plan ("OAC"). "Planning Area 1" permits general retail and wholesale trade fi businesses. Also, the site lies in the"General Commercial"category of the City's General Plan. jThe properties to the immediate north and west including the Cal-Skate skating rink,the Winnelson ! Wholesale Plumbing Supply facility, Superior Pools, the existing Essco facility and the three ` E businesses on Barton Road.. All of these businesses are located in•"Planning Area No. 1" of the ` Outdoor Adventures Center Specific Plan. The properties to the east are in the Barton Road Specific Plan- General Commercial category or the R1-7.2 (Single Family Residential) Zoning category. Properties to the south lie in the CM(Commercial Manufacturing)Zone,the R1-7.2(Single Family Residential) Zone and "Planning Area No. 2" of the "OAC" Specific Plan. All of these zoning categories are consistent with the City's"General Plan. PROJECT DESCRIPTION: Site Plan: The site plan, marked Sheet "SP1,"shows the proposed development consisting of the two-story buildingWith 26,390 square feet of floor area;the enclosed yard area of about 1 acre on the westerly portion of the site which includes.four loading docks, a ramp for the use of forklifts, employee parking for 15 spaces and a covered trash enclosure. Also shown on the site plan are two additional parking-areas on the north and east side of the proposed building and the proposed landscaped areas which will cover about 10% of the site. In addition ,the site plan shows the location of a 3;000 square foot, second floor for office use over the north end of the new building. A total of 62 parking spaces are shown on the site plan in the three parking,spaces noted above. This meets the amount of parking required under the Zoning Code for the proposed square footages of the warehousing,will-call area and office space. Vehicle access to the site will be provided by means of three driveways off of Commerce Way. The smallest driveway will be located in the northeast corner_ of the-site with a 26 foot wide driveway. This driveway will be used:by customers and employees. The other two driveways will also provide truck access to the yard area; they,will be 40 feet and 50 feet in width. The yard area will be enclosed by a 8 foot high wall which will be decorative in nature along Commerce Way. The location of the proposed 8 foot high wall is also shown on the site plan,Sheet SP 1. Each driveway into the yard area will be closed off with a wrought-iron decorative gate. It should be noted that this 8 foot high wall may not be required where the existing building of the business park to the south is located. A 8 %z"x 11"reduction of the site plan has been included in,this staff report as Attachment 3. Floor Plans: The floor plan of the proposed building is shown on Sheet "Al." Shown on this sheet is the warehousing area of 20,300 square feet,the first floor office area.of 3,000 square feet and the"will call" area of 2,000 square feet. The four loading docks are also shown on Sheet."Al" along the, Westerly wall of the building. Each dock will have a 9'x 10'roll-up door. Lastly, in the southwest' corner of the building,a 16'x 14'roll-up door is shown where the forklift ramp will enter the building. Sheet "AT' shows mainly the detailed floor plans for the first and second story office part of the building. The first floor shows portion of the will call area, sales offices, private .offices, a conference/training room,break room and restrooms. The second floor will contain additional office space, another conference room,a plan room, file cabinet storage,area and restrooms. Again,each floor will have 3,000 square feet of floor area. M1 8 %z"x 1 I"reductions of Sheet"AI"and"A2"have been attached to the staff report as Attachments j 4 and 5. I I Elevations: The north,west and east elevations of the proposed building are shown on Sheet"A3." Also shown at the bottom of Sheet A3 is a partial elevation of the proposed site wall around the yard area. The proposed building will be a concrete tilt-up. It will contain various architectural features to - reflect the rural/outdoor theme with Craftsman detailing of the Outdoor Adventures Center Specific i Plan: These include "simulated" wood trim around the windows on the north elevations and "simulated wood" trim around the entrance to the building on its northeast comer. Colors and materials will utilize earth tone colors and stains to reflect the design guidelines of the"OAC." i ! Additional architectural embellishments of the proposed building will consist of the use of "decorative reveals" and 3/4" "recess inlets" on the north-, west and east elevations. The "recess inlets"will also be employed on the decorative screening wallas seen on the partial elevation of the site wall at the bottom of Sheet "A3." This partial elevations of the site wall also shows the j decorative nature of the proposed wrought-iron gates. i - As seen on the north elevation,the proposed building will have a height of 34 feet where it is two stories along its front portion. The remainder of the building will be 30 feet in height. The height limit for"Planning Area 1"of the"OAC"is 25 feet;however,the Planning Commission,according to the"OAC"Specific Plan,may approve a height of up to 35 feet with the approval of a variance. Therefore, this is the,reason for the application for V-06-01 to modify the 25 foot height limit as j allowed by the"OAC"Specific Plan. It is the Staff s opinion that the irregular size and shape of the subject site would warrant the granting of a variance for a two-story structure in order to allow for the same amount of floor area as would be permitted on a more regularly or rectangularly shaped parcel. 8 %z"x I I"reduction of the elevations have been attached to the staff report as Attachment 6. Preliminary Landscaping_ The preliminary landscaping plan is shown on Sheet"L1." The preliminary landscape plan shows a detailed plant pallette including.trees,shrubs and turf. Tree sizes will be mainly of a 24"box size. The landscaping will be located mainly around the two parking areas on the north and east side of f the building, along the Commerce Way frontage and at the western"tip"of the site where a water f retention area is also proposed. I Some of the plants listed in the plant pallette of the landscaping plan are not found on Table I-6 of the Master Plant List of the"OAC"Specific Plan. A condition of approval is recommended that the ! final landscaping plan reflect the landscaping requirements of the "OAC"Specific Plan. I� I A detailed landscaping and irrigation plan will be required to be submitted and to be approved prior to the issuance of building permits. In addition,all of the landscaping will have to be installed prior to the final occupancy of the development. �A.8 Y?x.11" reduction of the preliminary landscaping plan is shown as Attachment 7. Preliminary Grading Plan: The preliminary grading information is shown.on the Sheet "Cl." The preliminary grading plan r shows that the site will drain to a swale running along the Commerce Street frontage towards a retention basin in the extreme western end of the site. The applicant will be present to explain how the drainage of the site will meet all NPDES requirements. A 8 %Z"x 11"reduction of the preliminary grading plan is shown on Attachment 8 which,is the site plan. Color and Material-Board: A"Color and Materials"board for this project will be made available at the public hearing for the Planning Commission's information and review. The board contains the color schemes that will.be used throughout the project including building and trim colors,window glass color and simulated wood trim. Colored elevations of the buildings and a colored conceptual landscaping plan will also be exhibited at the public hearing to give the Planning Commission a better idea of the appearance. of the buildings and proposed landscaping. REVIEWING AGENCY COMMENTS: - The following comments were made by various local agencies in reviewing this project. County of San Bernardino Fire Department Communily Safety Division Please refer to the comments made by the County Fire Department in its letter dated March 14,2006. (Please see Attachment 9). .Building and Safetv/Public Works: Pleaser refer to the comments made by the Director of Building and Safety/Public Works in his memorandum of March 20,2006. (Please see Attachment 10) City Traffic Engineer: Please refer to the comments made,by the City Traffic Engineer in his memoranda to Staff dated March 28, 2006. (Please see Attachment 11) Riverside Highland Water Company. Please refer to the letter provided by the Riverside Highland Water Company on this proposal and dated March 28, 2006.(Please see Attachment 12) County of San Bernardino Fire Department. Haz-met Division: Please see,the letter from the County Fire Department, Haz-met Division dated March 28, 2006. (Please see Attachment 13). i TRAFFIC IMPACT FEE: The project proponent will be required to pay traffic signal improvement and circulation improvement fees as set forth.by Ordinance No. 190. Said fees to be determined by the City's Building Official. I ENVIRONMENTAL-REVIEW: f , This project to construct atwo-story commercial industrial building for Essco Electric qualifies for i a Mitigated Negative Declaration under the provisions of the California Environmental Quality Act fin that the project will not have an adverse impact on the environment. Copies of the Mitigate Negative Declaration and the Initial Study/Environmental Checklist with the mandatory finding of j no impact for this project are attached hereto as Attachment 14 and were made available for a 20 day j public review as mandated by law. i _ - FINDINGS: Section 18.63.060 of the Zoning Code requires that specific findings be made by the Planning j Commission in approving a site and architectural review application. These required findings for an acceptable project are as follows: a. The proposed project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. b. The location and configuration of all structures associated with this project are � � P J visually harmonious with this site and surrounding sites and structures,that they do not interfere with the neighbors'privacy,that they do not unnecessarily block scenic j views from other structures and/or public areas and are"in scale with the townscape and natural landscape of the area. c. The architectural design of structures, their materials and colors are visually { harmonious with surrounding development,natural landforms,are functional for the proposed project and are consistent with the Grand Terrace Municipal Code. - d. The plan for landscaping and open spaces provides a functional and visually pleasing ` setting for the structures on this site and is harmonious with the natural landscape of ' the area and nearby developments. j e. There is no indiscriminate clearing of destruction of trees or natural property, vegetation or the excessive and unsightly grading of hillsides,thus the natural beauty f of the city, its setting and natural,landforms.are preserved. f. , The design and location of all signs associated,with this-project-are consistent with the scale and, character of the building to which they are attached or otherwise associated,with and are consistent with the Grand Terrace Municipal Code. g. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval. In addition, Section 18.86.050 requires the following findings to be made by the Planning Commission is approving a variance,request: a. A special circumstance .regarding the size, shape, topography, location or surroundings of the subject property exists. b. Because of the special circumstance, the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. C. The granting of the variance will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the-vicinity and district in which the-property is situated. d. The granting of the variance will not authorize a use or activity which is not ' otherwise expressly authorized by the district governing the parcel of proper ty. e. The granting of the variance will not result in-a situation inconsistent with the latest adopted General Plan. f. Conditions necessary to secure the above findings are made a part of the approval of the variance. CONDITIONS: The recommended conditions of approval for this project have been incorporated into the Resolution of Approval, Attachment 15. i I i I RECOMMENDATION: jThe staffrecommends that the Planning Commission approve SA-06-02,V-06-01 and E-06-02 based on the findings of fact and the recommended conditions of approval as set out in the Resolution of 1 Approval,Attachment 15. Respectfully.submitted, f , I - I I 2 EJ#Lampe,Associate Planner Gary IfKoont7Xommunity Development Director 1 GLK:JL jl SHEET SP1 Site Plan of the.proposed project { SHEET Cl 'Conceptual Grading Plan ' SHEET Ll 'Preliminary Landscaping Plan SHEET - Al Floor plan of the proposed building { SHEET A2 First and Second floor plans for the proposed office portion i SHEET A3 Building Elevations and Partial Elevation of Site Wall " I ATTACHMENT 1 Letter of Intent"from applicant's engineer t's en pp � dated 1/27/06 ATTACHMENT 2 Aerial photograph of the subject site and surrounding area ATTACHMENT 3 8 %"x I V reduction of the site plan ATTACHMENT 4 8 %2" x 11"reduction of the floor plan of the proposed building i ATTACHMENT 5 8 %2" x 11"reduction of the floor plan of office first and second floors ATTACHMENT 6 8 %z"x 11"reduction of the building elevations and site wall ATTACHMENT 7 8 %2"x 11"reduction of preliminary landscaping plan ATTACHMENT 8 8 %2"x 11"reduction of the conceptual grading plan f ATTACHMENT 9 County of San Bernardino Fire Department, Community Safety Division letter dated 3/14/06 ATTACHMENT 10 Comments made by Director of Building and Safety dated 3/20/06 ATTACHMENT 11 Memorandum from the City Traffic Engineer dated 3/28/06 ATTACHMENT 12 Letter from the Riverside Highland Water Company dated 3/28/06 ATTACHMENT 13 County of San Bernardino Fire Department, Haz-met Division letter dated i 3/29/06 ATTACHMENT 14 Proposed Mitigated Negative Declaration and Initial.Study for this project { ATTACHMENT 15 Resolution of Approval for SA-06-02, V-06-01 and E-06-01 I - c:\MyFilesVOHN\Essco\SA-06-02comrrucport I " 1 - I I I 1 STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM () COUNCIL ITEM (X) MEETING DATE: May 11,2006 SUBJECT: FIREWORKS ORDINANCE FUNDING REQUIRED: YES Q NO (X) At the City Council meeting of 2/23/06 the Council approved the following items: 1. The Committee recommended.the City continue to allow the sale of safe and sane fireworks. 2. Modify the sale period to July 1't—4th,9am-9pm(presently June 28,12 noon—July.5, 11:59pm)and modify the discharge dates July V_4th,gam—1 1pm-(presently June 28, 12 noon—July 5, 11:59pm) 3. Increase fines for use of illegal fireworks to the maximum allowable to either$1,000 or $2,000 depending on the City Attorney's interpretation of the maximum allowable by { law. 4. Enforcement as recommended by the Sheriffs Department and the Fire Department: Sheriffs: during the sales period(currently 4 days)provide 1 Supervisor,1 Detective, 2 Deputies,and 1 Evidence Technician; Fire Department: up the staff to 2 engines(8 personnel) on the P considering the day of the week the 4th falls on. 5. Maintain the current ordinance that allows only youth sports groups to participate in the sale and continue to limit it to one location. 6. Committee to meet after 4th of July to evaluate statistics on number of calls for service and make any new recommendations to Council if appropriate. 7. Inform residents in all possible media outlets of the new rules and-fines. 8. Posters of current-notices and fines located at the sales booth. 9. Create an internal tip line for the 4th of July to direct law enforcement and fire to fireworks related calls. 10. Surcharge of 3% on 'fireworks sales for partial reimbursement for extra law enforcement. i i I i 11. Accept TNT's offer to pay for one day of law enforcement's cost and purchase an ad in - the newspaper promoting new rules and fines. 12. Copies of the'rules ands fines to be handed out at the fireworks stand. J 13. Create and man a fireworks booth at GT Days to promote fireworks safety. Council on April 13,2006, conducted the first reading amending our fireworks ordinance to reflect these changes. During the first and second.reading of the amended ordinance the youth sports groups expressed concern that the shortening of the sale period would reduce the income produced'by the fundraiser and asked Council to reconsider. ' At the second reading conducted on April"27,the Council continued the ordinance to 5/11/06 and directed staff to seek a recommendation from the Fireworks Ad-Hoc Committee. On Tuesday,May 2,2006 the meting was conducted and was attended by the following members: Kim.Hathaway,Chairman; Tom Schwab,City Manager;Lee Ann Garcia,Council Member; i Mike Huddleston,Fire Prevention;Phil Spisak,Chairman,Crime Prevention Committee;Lou 'Ann Archbold,Resident; Lisa Curtis, Soccer; Henry Perez,President,Soccer; Brian Phelps, I President,Little League; Rick Poe,VP Sales, TNT Fireworks. At that ad hoc committee meeting (minutes attached) the Committee recommended that the sale dates and the discharge date be set to: Sale Dates: June 28th—July 4th 12 noon—9:OOpm I Discharge Dates: June 28th—July 41h 12 noon--11:00'pm Since a change is being made to the second reading of the ordinance this-hearing will be the I , first reading of the ordinance and will require a public hearing. STAFF-RECOMMENDATION: I ' COUNCIL ADOPT"ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND i TERRACE, CALIFORNIA, AMENDING CHAPTER 8.112 OF THE GRAND TERRACE MUNICIPAL CODE AND REGULATING THE SALE AND DISCHARGE OF FIREWORKS", AMENDING THE ORDINANCE TO REFLECT CHANGES AS RECOMMENDED BY THE_FIREWORKS AD HOC COMMITTEE. I I - i I I Fireworks Ad Hoc Committee Meeting May 2,2006 - Previous recommendation to City Council:. Sale.Dates: July 1"-4th 9am-9pm Discharge: July l,t-4th gam-1 1pm These dates were agreed upon because these were the dates that the Colton youth sports were going to sell but'Colton is staying with the original dates of July 28-July 5. City council wanted the committee to be aware of the proposed change. i All committee members agree to the following: Sale Dates: June 28th-July 4th 12 noon-9pm Discharge: June 28t'-July 4 h 12 noon-11pin Want to keep the discharge and sale dates the same to avoid confusion. Discussion about no-fireworks in the areas of Honey Hills and Grand TerraceNista GrandeWay. Authorities' attention would be taken away from the illegal fireworks by watching for safe and sane in those areas. There was a committee discussion about a questionnaire for the July edition of the Blue M6untain Outlook. Questions for the survey were reviewed and agreed upon. Mike Huddleston: • San Bernardino Co. Fire Department supports the City of Grand Terrace in-its decisions. • San Bernardino Co.,Fire Department has 46 communities in the county. • Eight extra people-must be two people per car due.to foot traffic the night of the th- • Due to the increase in demographics-people coming in and out of town,there may not be an answer to the problem. • Grand Terrace will have 1 dedicated investigator. Rick Poe: • The fire engines serve as visibility. • The problem with confiscating the illegal fireworks is the disposal. • They have to pay to store and package them. Henry Perez—President of Grand Terrace Soccer/Colton Fire Department: • The four extra engines can't cite residents, only confiscate illegal fireworks. • The City of Grand Terrace doesn't have a Parks & Recreation department for youth and is the only city charging its players registration fees and lighting fees, _totaling$7,500. i I I I Tom Schwab: • The $5 registration fee was worked out in agreement and was negotiated for improvements. • No one has ever asked the City Council to drop the registration fees. • Even if only five people are cited this year, no one was cited last year. Committee agrees to meet again after all the calls and statistics are gathered by Sheriff/Fire to discuss the outcome and make'any changes. I i j l i I , f I - i - { 1 . { ORDINANCE NO.' AN ORDINANCE OF THE CITY COUNCIL OF ,THE CITY OF GRAND TERRACE, CALIFORNIA, , AMENDING CHAPTER 8.112 OF THE GRAND TERRACE MUNICIPAL CODE AND REGULATING THE SALE AND DISCHARGE OF FIREWORKS, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.112 of the Grand Terrace Municipal.Code is hereby amended to read as follows: 8 112 O10 Dates and hours of sale and discharge. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold within the City during the period of June 28`l through July 4`h, 12:00 noon - 9:00 p.m. and the discharge dates are June 28`h through July 4t', 12:00 noon - 11:00 p.m. pursuant to the provisions of this chapter and not otherwise. 8 112 020 License Required. Except as"provided in1his chapter,it is unlawful for any,person to offer for sale or sell-at retail-any fireworks of anykind in.the city without having first applied for and received a license therefor. This chapter shall"supercede Uniform Fire Code,Section 78.102 as to safe-and sane fireworks. 8.11 030 License - Land use application -Public liabilitv insurance. All applications for a license to sell fireworks shall: A. Be made in writing.accompanied by a license,fee of fifty dollars and a land use application fee of thirty-three dollars submitted to, the community and economic development department. The fees are not'for,the purpose of revenue,.but will be used to defray the costs of application processing, inspection and supervision. A 3% surcharge will be paid to the City as partial reimbursement for extra law enforcement. B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in the commercial and industrial or manufacturing zones and the written permission of the owner of record or lessee must accompany the application according to Zoning Code Section 18.73,211, Temporary Uses Allowed. C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thousand/three hundred thousand dolIars.public liability,and fifty thousand dollars property damage insurance policies with riders attached to the policies designating the,City as an additional insured under this chapter, and a copy of the requisite permit from the State Fire Marshal. -1- i D. Be routed to`the Fire Chief,Building and safety Director, and the Sheriff's Department via the Land Use Application. The community and Economic Development Department will j evaluate the location of the'fireworks stand and related issues. I 8.112.040 License-Prerequisites to Issuance. The following qualifications must be met by each applicant for a license issued under this chapter: 4 , 1 A. No license shall be,issued to any person, firm or corporation except nonprofit associations or corporations,organized primarily for youth sports. B. Each such organization must have its principal and permanent meeting place in•the corporate, E. limits of the city and must have been organized and established in the city's corporate limits ` ' for a minimum of one year continuously preceding the. filing of the application for the license, and must have a bona fide membership of at least one hundred fifty members. C. No organization may receive more than one license for fireworks sale. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of �f licenses which may be issued pursuant to this chapter shall be one. 8 112 050 Suspension of license-Appeal procedure. A. The fire chief or his designee shall be authorized to suspend immediately and without notice t or formal hearing the license of any licensee which violates any rule,regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. Jf the fire chief or his designee establishes that a violation has occurred too late to suspend the license during the period of sale,he shall have power to suspend the licensee from future licenses,. and to suspend the priority of the licensee for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the fire chief or his designee to suspend the license of any licensee shall be subject to review by the city manager, forthwith. In view of the limited sales period each 1 year, for suspensions affecting the sale period, such.hearing shall be held at the earliest possible time that the licensee,city manager or his designee,and the representative of the fire chief can schedule a meeting for such review. i 8.112.060 Operation of stand. A. It is unlawful for the licensee organization to permit any person other than the licensee f organization to operate the stand-for which the license is issued or to otherwise participate a in the profits of the operation of such stand. ; B. It is unlawful for the licensee organization to permit any person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks at such stand. C. It is unlawful for the licensee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand. -2- 1 " 8 112 0 70 Temporary fireworks stands. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following.provisions: A. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of.any gasoline pump. B. .Fireworks stands need not comply with the provisions of the building code of the city; provided,however,that all stands shall be erected under the supervision of the building and safety director,who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. C. No stand shall have a floor area in excess of'three hundred-square feet: _ D. Each'.stand in excess of twenty-four feain length must have at least two exits. Each stand in excess of forty,feet in length must have at.least .three exits spaced approximately equidistance apart;provided,however,that in no case shall the distance between exits exceed twenty-four feet. E. Each stand shall be provided with two two-and-one-half gallon soda-and-acid or water pressure type fire extinguishers, underwriter approved, in good working order and.easily accessible for use in case of fire. F. Posters of current notices and fines need to be posted and copies of the rules and fines handed out. 8.112.080 General requirements for licensees. �f1 A. - All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. B. "No smoking" signs shall be prominently displayed on the fireworks stand. C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden. D. The sale of fireworks shall not begin before 9:00 a.m. on the 1 st day of July and shall not continue after 9:00 p.m. on the 4`h day of July. E. All unsold stock and accompanying litter shall be removed from the location by five p.m.on the 6`,day of July. F. The fireworks stand shall be removed from the temporary location by twelve noon on the 8"' day of-July, and all accompanying litter shall be cleared from the location by said time and date. , 8.112.090 License fee and land use application fee. The license fee for the selling of fireworks within the city shall be eighty-three dollars(fifty dollars plus thirty-three dollars)per year per stand,which fee must be paid at the time application,for a stand is filed with the community and economic development department. 8.112.100 Temporary sales tax permit required. Organizations licensed for the selling of -3- i I I I I I ' fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization. 8.11 110 Display of license and sales tax permit. The license to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. 8 112 120 Permissible locations for discharge. The use of fireworks in the city shall be 1 limited to private property. No fireworks shall be discharged on public,semipublic or private open areas such as parking lots, vacant-properties, in a public street right-of-way or public parks. 8.112.130 Prohibition on discharge. It is unlawful for any person to ignite,explode,project,. or otherwise fire or use,any fireworks,or permit the ignition, explosion or projection thereof,upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. Fireworks shall not be discharged within I two hundred feet of any dry grass or brush-covered land. 8.112.140 Fireworks defined. Fireworks shall be defined as set forth in Section 9.108.ofthe Uniform Fire Code. Section 2. Effective Date-This Ordinance.shall be in full force and effect at 12:01 a.m. on the 31 S`day of its adoption. i Section 3. Posting-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. Section 4. First read at a regular meeting of the City Council of said City held on the 11 day of May and finally adopted and ordered posted at a regular meeting of said-City Council on the 25' { day of May, 2006. I j -Mayor of the City of Grand Terrace and of the City Council thereof. Attest: I Brenda Mesa, City Clerk l i -4- i i i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING SPECIFIC PLAN NO. 05-02 (SP-05-02) FOR A CONDOMINIUM SUBDIVISION WITH 35 SINGLE FAMILY DETACHED UNITS ON A 3.7 ACRE SITE LOCATED ON THE WESTERLY SIDE OF MT. VERNON AVE. AT 11830 MT. VERNON AVE. AND ENVIRONMENTAL REVIEW CASE NO. 05-21 (E-05-21) -MITIGATED NEGATIVE DECLARATION AS PROVIDED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the applicant has filed the necessary applications including four Site and Architectural Review cases and a Vesting Tentative Tract Map to create 35 single family detached condominium units; and WHEREAS, there is no existing zone in the City's Zoning Code to accommodate the proposed development; and WHEREAS, the City's General Plan also requires the filing of a Specific Plan for any residential project with more than 20 units; and WHEREAS,Section 18.90.040 of the Zoning Code allows for the adoption of a Specific Plan for those unique properties where the existing zoning provisions are unique or unusual; and WHEREAS, the subject site is an infill site left after the Highlands Apartments developed to the north,west and south; and WHEREAS, the proposed project will represent a .transition between the Highlands Apartments on the westerly side of Mt. Vernon Avenue and the single family residential on the easterly side of Mt. Vernon Avenue; and WHEREAS,the resulting density of this project at 9.5 units per acre is not inconsistent with existing development in the area including the large apartment complex,the Highlands Apartments, immediately to the north, west and south; and WHEREAS, Specific Plan No. 05-02, Exhibit A, is consistent with the General Plan of the City of Grand Terrace; and WHEREAS,in accordance with the provisions of the California Environmental Quality Act, an environmental review for Specific Plan No. 05-02 has been conducted and a Mitigated Negative. Declaration has been prepared under E-05-21 for this project with the Mitigated Negative Declaration (Exhibit B) having been considered by both the Planning Commission and the City Council; and i I WHEREAS,the Planning Commission held properly noticed public hearing on this project on December 15, 2005; and WHEREAS, the Planning Commission following the conclusion of the public hearing on December 15, 2005 recommended that the City Council approve Specific Plan No. 05-02 and the associated Mitigated Negative Declaration under Environmental Review No. 05-21, set out in the attached Exhibits A and B, by adopting this Ordinance; and i WHEREAS, the Planning Commission in taking the above action found that the proposed I Specific Plan No. 05-02 will not be: 1. Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city; or 2. Injurious to property or improvements in the neighborhood or within the City. i I WHEREAS,the City Council held a properly notice public hearing to consider the Planning Commission's recommendation and other relevant testimony on January 26,2006,March 9,2006, April 13, 2006 and April 27, 2006 for SP-05-02 and E-05-21. NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Specific Plan No. 05-02 to allow for the development of 35 single family detached condominiums, set out in full in Exhibit A,is hereby approved and adopted by the City Council of the City of Grand Terrace. 1 Section 2. The Mitigated Negative Declaration on file in the offices of the Community Development Department under E-05-21 is hereby approved as Exhibit B. Section 3. Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31 S`day of its adoption. Section 4 Posting: 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 5 First read at a regular meeting of the City Council of the City of Grand Terrace held on the 27 day of April, 2006 and finally adopted and ordered posted at a regular meeting of said City Council on the 11' day of May, 2006. i I ATTEST: City Clerk of the City of Grand Mayor of the City of Grand Terrace Terrace and of the City Council and of the City Council thereof I,.BRENDA MESA, 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 tie-Apii, 27266Crby the following vote: MUD i1�Z��P AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John Harper City Attorney c:UV4yFilesVOHN\Greystonelsp05-02ordinance