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04/25/2017
CITY OF GRAND TERRACE AGENDA & STAFF REPORTS FOR THE CITY COUNCIL Tuesday, April 25, 2017 6 00 p.m. Regular Meeting COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER-- 22795 BARTON ROAD GRAND TERRACE, CA 92313 Darcy McNaboe, Mayor Sylvia Robles, Mayor Pro Tem Doug Wilson, Council Member Bill Hussey, Council Member Brian Reinarz, Council Member G Harold Duffey, City Manager , Richard L Adams, City Attorney Alan French, Public Works Director Linda Phillips, Child Care Director Cynthia A Fortune, Assistant City Manager Sandra Molina, Planning & Development Services Director The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m A CITY OF GRAND TERRACE CITY COUNCIL AND SUCCESSOR AGENCY AGENDA • APRIL 25, 2017 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www cityofgrandterrace orq <http //www cityofgrandterrace orq> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance Roll Call Attendee Name Mayor Darcy McNaboe I Present Absent _; ❑ �[� ❑ _Late ❑ Arrived Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Doug Wilson El ❑ ❑ Council Member Bill Hussey ❑ ❑ ❑ Council Member Brian Reinarz ❑ ❑ ❑ SPECIAL PRESENTATIONS Presentation to Deputy Frank Navarro for his involvement in the Every 15 Minutes Program Presentation to those Citizens who assisted Law Enforcement in providing information leading to solving crimes City of Grand Terrace Page 1 Agenda Grand Terrace City Council and Successor Agency April 25, 2017 OF TRANSPORTATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT DEPARTMENT PLANNING & DEVELOPMENT SERVICES C PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on arty item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting D CITY COUNCIL COMMUNICATIONS Council Member Brian Reinarz Council Member Bill Hussey Council Member Doug Wilson Mayor Pro Tern Sylvia Robles Mayor Darcy McNaboe To speak on Public Hearing Items, please fill out a Request to Speak Form and give it to the City Clerk Each person will be allowed 3 minutes to address the City Council If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you, or someone else, raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing All Public Hearings will be conducted following this format a) Public Hearing opened b) Written communication c) City Council questions/staff comments d) Applicant's comments (applicant not limited to 3 minutes) e) Oral - favor and opposition (speakers limited to 3 minutes) f) Applicant's rebuttal (applicant not limited to 3 minutes) g) Public Hearing closed h) City Council deliberation City of Grand Terrace Page 3 Agenda Grand Terrace City Council and Successor Agency April 25, 2017 between the City of Grand Terrace and the Grand Terrace Successor Agency in the amount of $289,015, (2) The City Council Adopt Resolution 2017-CC-XX, and (3) The Successor Agency Board adopt Resolution 2017-SA-XX DEPARTMENT CITY MANAGER 11 Clean Street Sweeping Services 8 Month Report RECOMMENDATION Receive and File DEPARTMENT PLANNING & DEVELOPMENT SERVICES H CITY MANAGER COMMUNICATIONS I CLOSED SESSION - NONE J ADJOURN The Next Regular City Council Meeting will be held on Tuesday, May 9, 2017 at 6 00 pm Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting I City of Grand Terrace Page 5 MEETING DATE April 25, 2017 Council Item TITLE Adoption of a Resolution to Apply For, and Accept, If Awarded, Funds from the California Natural Resources Agency's Urban Greening Grant Program PRESENTED BY Sandra Molina, Planning & Development Services Director RECOMMENDATION Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS, FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM AND ACCEPTING, IF AWARDED, SAID GRANT 2030 VISION STATEMENT This staff report supports Goal #4 Develop and Implement Successful Partnerships - Work Collaboratively with Community Groups, Private and Public Sector Agencies to Facilitate the Delivery of Services Benefiting Youth, Seniors and Our Community and Work with Local, Regional and State Agencies to Secure Funding for Programs and Projects, and Goal #2 Maintain Public Safety Invest in Critical, Improvements to Infrastructure It is consistent with the General Plan Circulation Element, Existing and Proposed Bikeway Plan BACKGROUND The City of Grand Terrace is seeking funds to create a greenway bike and pedestrian trail network (Network) to connect disadvantaged community residents to key community destinations, which include schools, retail centers, employment centers, and public transportation in and around the city In addition, the greenway bike and pedestrian trail will connect the residents to the Santa Ana River Trail north of the City, and eventually the County of Riverside and its amenities located south of the City With just a little more than 12,000 residents within 3 5 square miles, building the greenway bike and pedestrian trail network is a vital element to the City's plans to connect residents to neighboring communities and amenities The project will connect the Norrth West side of the city to the North and South East side of the Cty with are separated by the 215 Freeway The grant proposes to plant over 100 carbon sequestering trees throughout the Network The City will plant trees along Canal Street from Mount Vernon Avenue to Barton Road At the intersection of Canal Street and Mount Vernon Avenue, the City will convert a plot of vacant land into a rest } area with carbon sequestering trees, benches, wayfinding signage, hydration station, Packet Pg 6 and promote public health and safety as included in Government Code Section 65041 1, and 7 Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests, and so on, which may be necessary for the completion of the aforementioned project(s) J FISCAL IMPACT On March 28, 2017, the City Council approved a contract with Evan Brooks Associates in the amount of $12,500 for preparation and submittal of the grant application No additional general fund impact will occur with this action ATTACHMENTS • Urban Greening Resolution (DOCX) APPROVALS Sandra Molina Completed 04/19/2017 5 57 PM Finance Completed 04/19/2017 6 29 PM City Attorney Completed 04/19/2017 8 09 PM City Manager Completed 04/19/2017 7 21 PM City Council Pending 04/25/2017 6 00 PM Packet Pg 8 B3a 7 Certifies that applicant will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety` as included in Government Code Section 65041 1, and 8 Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests, and so on, which may be necessary for the completion of the aforementioned project(s) PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 25th day of April, 2017 AYES NOES ABSENT ABSTAIN ATTEST Cynthia A Fortune Deputy City Clerk Darcy McNaboe Mayor Packet Pg 10 MEETING DATE April 25, 2017 Council Item TITLE Award of April 2017 Community Benefit Funds to Grand Terrace Youth Football & Cheer PRESENTED BY Cynthia Fortune, Assistant City Manager RECOMMENDATION 1 Approve the award of $2,000 from the City's Community Benefits Fund to Grand Terrace Youth Football for equipment and uniforms for G-Force Flag Football 2030 VISION STATEMENT This staff report supports the following City Council Goals • Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations, and ' • Goal #4 — Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations BACKGROUND On June 23, 2015, City Council approved the use of $25,000 from the City's General Fund Reserve Balance, to establish a Community Benefits Fund (CBF), on August 11, 2015, City Council approved the CBF Program Guidelines, Application and authorized the City Manager to implement the program In FY2015-16, City Council approved '10 applications totaling $14,546 00 City Council has approved the Community Benefits Fund to continue in FY2016-17 with an adopted budget of $25,000 The Community Benefits Fund's purpose is to provide funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City In the 2016-17 year, City Council has approved five applications and authorized the transfer of $5,000 from the Community Benefits Fund to fund the Holiday Tree Lighting Ceremony in December-2016 No Title Approved Amount 1 Terrace View Elementary PTA $671 00 Packet Pg 11 After staff reviewed the application, it is recommended that City Council 1 Approve the award of $2,000 to Grand Terrace Youth Football for the use of purchasing equipment and uniforms for G-Force Flag Football, Upon City Council approval, the applicants will comply with the following, if they have not already done so 1 Issue the City of Grand Terrace an invoice for the grant amount, 2 Complete a W-9 form for reporting purposes, 3 Submit receipts within 30 days of the event/activity showing that the funds provided were used for their original intent Attached is Grand Terrace Youth Football completed application FISCAL IMPACT Funds in the amount of $25,000 have been approved for the program and established in the Community Benefits Fund (Fund 61) If approved, the table below will show the balances of each category remaining in the fund Fund Account Balance Proposed No No Account Title as of Grant Balance — — Mar-2017 Awards 61 461-100 Youth Programs $8,709 ($2,000) $6,709 61 461-200 Art, Business & $3,000 0 $3,000 Service Org 61 461-300 Community Waiver $2,690 0 $2,690 Requests 61 461-400 Other Community $0 0 �—o Grants TOTAL 14 399 2 000 12 399 ATTACHMENTS CBF 2016-17-006 - GT Youth Football & Cheer (PDF) APPROVALS Cynthia A Fortune Completed 04/19/2017 6 32 PM Finance Completed 04/19/2017 6 32 PM City Attorney Completed 04/19/2017 7 57 PM Packet Pg 13 Boa CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) ORGANIZATION INFORMATION Organization Name Grand Terrace Youth Football & Cheer TO PROVIDE YOUNG PLAYERS BETWEEN,THE AGES OF 5 14 A FUN AND EXCITING Organization Mission g OPPORTUNITY TO ENGAGE IN NON CONTACT CONTINUOUS ACTION WHILE LEARNING THE FUNDAMENTALS OF FOOTBALL AND LESSONS IN TEAM WORK Organization Contact #1 Name HAYWARD ROBINSON4 Title PRESIDENT Mailing Address 1 Barton Rd3 #406 City, State, Zip Code Grand Terrace, CA 92313 ^^' Phone & E-mail Phone 909-332-0977 E-mail iSOLE777@AOL COM Contact #2 Name LISA BARRON Title ATHLETIC DIRECTOR Mailing Address I 22421 Barton Rd #406 City, State, Zip Code Grand Terrace, CA 92313 ' Phone & E-mail Phone 1909-332-0977 ; E-mail pgrandterracetitans@gmail com Have you ever applied for funding through the City's ' p Yes ❑ No Community Benefit FUND (CBH) before? If yes, please list each time you've applied, the outcome, whether you were granted funding or not, the amount your organization originally requested and the amount approved, if any Purpose of Request Amount Amount Prior Funding Requests Date Requested Approved (if any) (if any) 1 GT YOUTH FOOTBALL & CHEER MARCH 15, 200& ! $ 2,000' 00 $ 2,000 00 3 — — 4__—�^ I 5 IF Date of Application MARCH 31, 2017 Requested Amount I$ 2,000 00 City of Grand Terrace 22795 Barton Road Grand Terrace CA 92313-5295 www 2randterrace-ca eov 0 n N w a Packet Pg 15 AGENDA REPORT MEETING DATE Apnl 25, 2017 Council Item TITLE Monthly Financial Report for February-2017 PRESENTED BY Cynthia Fortune, Assistant City Manager RECOMMENDATION Receive and file the Monthly Financial Report for the period ending February 28, 2017 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensure Our Fiscal Viability," through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month The attached MFR is for the period ending February 28, 2017 The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts The MFR encompasses the City's General Fund 16-1411*-Re7Tl The Fiscal Year (FY) 2016-17 Approved Budget amounts are presented in the attached MFR for reference purposes Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report The "expected" revenues reflect an analysis of revenue receipts that have, historically, been received as of this month in the fiscal year The resulting positive or negative variances shown in the MFR are in comparison to these "expected" receipts The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts, however, it is not entirely straight-line in nature For example, some months have three pay periods rather than two Also, debt service payments are only made twice a year Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly All of these factors are reflected in the YTD "expected" expenditures shown in the MFR As part of the MFR, staff will include explanations of significant variances between YTD actual revenues and expenditures, and those that are "expected" at that point in the Packet Pg' 17 a I Feb Feb Positive YTD ` YTD Ne ative % 1 Feb % Variance Approved Feb Appr ( YTD Appr from Budget Expected Bdgt_Actuals ( Bdgt Expected 1 REVENUES Property Tax Residual Receipts - 1,674,000T- I 853,086 51 0% i 845,925 50 5% 7,161 RPTTF 778,000 574,270 73 8% 594,256 , 76 4% 19,986 f Franchise Fees 500,000 160,278 1 32 1% 158,576 I 31 7% (1,701) Licenses, Fees & Permits 336,417 229,490 68 2%% 241,466 71 8% 11,976 j Sales Tax 858,000 432,800 50 4% i 440,488 I 51 3% j 7,689 Sales Tax - Econ Dev l Agreement _ 120,000 (60,000) 50 0% 47,066) 11 39 2% , 12,935 Proceeds from Sale of ' I 1 I Property i 260,000 I 0 0 0% 0 1 0 0% 1 0 Intergovernmental Revenue/Grants 5,000 1 5,000 100 0% , 10,551 211 0% i I 5,551 I Charges for Services _ 114,700 1 90,688 + 79 1 % 117,583 102 5% _ 26,894 Fines & Forfeitures ; 58,500 1 39,734 67 9% , 44,449 76 09/6 4,714 Miscellaneous 56,690 1 56,550 998 54,124 ! 95 5% (2,426 Use of Money & Property ; 23,000 ; 14,329 i 62 3% 1 14,260 62 0% j-= (69) 1 Waste Water Receipts 3004000 f 300,000 100 0% i _ I 300,000 100 0% 0 �II i OPERATING REVENUES 1 4.844�-307�'� 2ta;� � � 557% ; 573% f -7$ _1 1 j EXPENDITURES � 61 4% 7,803 Salaries ` I 792,146 1 494,391 ; 62 4% 486,587 Benefits 520,049 374,444 7722 0% �391,4288 I 75 3% ! (16,985) _ Prof/Contractual Svcs 3,207,015 2,023,905 ' 63 1% 1,931,967 60 2% i 91,938 1 Materials &Supplies207,626 j 107,032 51 6% 107,726 51 9% 694 j Lease of Facility/Equipment t 8,302 I 5,300 63 8% ' 5,923 1 I I 71 3% 623 1 Equipment - 0 0 1 0 0% , 0 0 0% 0 Capital Projects 0 0-_-j-0 1 0% I 0 0 0% 0 Utilities 130,870 85,545 65 4% 81,362 62 2% -�� - 1 Debt Service 0 0 r 0 0% 0 0 0% 0) Overhead Cost Allocation (281,736) (153,225)� 54 4% 17 (20,850) 42 9% 32,375 Transfers Out 126.500 63.894 50 5% f 001.283 63 7%L _ 63_,250 50 0% 62 6% ( 644 -jMK-1 OPERATING EXPENSE r 77 REVENUE & EXPENDITURE SUMMARY Packet Pg 19 ATTACHMENTS • Feb2017 Monthly Financial Report (PDF) APPROVALS Cynthia A Fortune Completed 04/17/2017 8 27 PM Finance Completed 04/17/2017 8 27 PM City Attorney Completed 04/18/2017 10 23 AM City Manager Completed 04/19/2017 5 37 PM City Council Pending 04/25/2017 6 00 PM Packet Pg 21 B5a City of Grand Terrace Monthly Financial Report For the Period Ending February 28, 2017 a" CD N L LL L O L2 d w V cc LL s c O 2 Packeffg 22 C. N Ab c z v M M z c M Attachment Feb2017 Monthly Financial Report (2167 Monthly Financial Report for February-2017) W Cn tU '"B5a ` City of Grand Terrace FY 2016 17 General Fund Monthly Financial Report For the Period Ending February 28 2017 1 Positive YTD YTD Ne ative % Feb % Variance Approved I Feb Approved YTD Approved from REVENUES Budget Expected Budget Actuals Budget Expected Property Tax 1 674 000 853 086 510% 845 925 50 5% (7161) Residual Receipts RPTTF 778 000 574 270 73 8% 594 256 76 4% 19 986 Franchise Fees 500 000 160 278 32 1% 158 576 31 7% (1 701) Licenses Fees & Permits 336 417 229 490 68 2% 241 466 71 8% 11 976 Sales Tax 858 000 432 800 50 4% 440 488 51 3% 7 689 Sales Tax Econ Dev Agrmt (120 000) (60 000) 50 0% (47 066) 39 2% 12 935 Proceeds from Sale of Property 260 000 0 0 Intergovernmental Revenue/Grants 5 000 5 000 100 0% 10 551 211 0% 5 551 Charges for Services 114 700 90 688 79 1% 117 583 102 5% 26 894 Fines & Forfeitures 58 500 39 734 67 9% 44 449 76 0% 4 714 c Miscellaneous 56 690 56 550 99 8% 54 124 95 5% (2 426) Use of Money & Property 23 000 14 329 62 3% 14 260 62 0% (69) Waste Water Receipts 300,000 300,000 ( 100 0% 300,000 100 0% 0 OPERATING REVENUES 4 844 307 2 696 225 55 7% 2 774 613 57 3% 78 388 i REVENUE & EXPENDITURE SUMMARY REVENUES EXPENDITURES NET 4 844 307 2 696 225 (4,710,772) (3,001,283) 133,535 2 774 613 (2,947,393) LIMM 0 N R M L d LL L. O v- r. O 0. M R v C to C li t O co N O Q. N R V C cC C LL A .c C O, O N d LL C d E t V l4 a.+ Q e 5 Packet Fig 26 B5a MONTHLY REVENUE - Sales Tax (2016-17 vs 2015-16) $zas o JUN 0 MAY APR MAR FEB JAN DEC NOV OCT SEP AUG JUL 50 000 100 000 150 000 200 000 250 000 300 000 3 2016-17 ■ 2015-16 FY2016 17 Expected FY2016 17 Actuals FY2015 16 Actuals 100 000 200 000 300 000 400 000 500 000 600 000 700 000 800 000 ® FY2015 16 Actuals © FY2016 17 Actuals 0 FY2016 17 Expected Packet Pg 28 B5a MONTHLY REVENUE - Franchise Fees (2016-17 vs 2015-16) o $68 175 $0 $69 205 E s $0 $3 6 344 $ JUN MAY APR MAR FEB JAN DEC NOV OCT SEP AUG JUL 20 000 40 000 60 000 80 000 100 000 120 000 140 000 160 000 ® 2016-17 ■ 2015-16 9 Packet Pg 30 1 Gi m z m �o D r m c z v m x ma m z v c ;o m Cu Cn G1 Attachment Feb2017 Monthly Financial Report (2167 Monthly Financial Report for February-2017) °B5a City of Grand Terrace FY 2016 17 General Fund Monthly Financial Report For the Period Ending February 28 2017 Positive YTD YTD (Negative) Feb % Vanance Approved Feb Approved YTD Approved from EXPENDITURES BY CATEGORY Budget Expected Budget Actuals Budget Expected Salaries 792 146 494 391 62 4% 486 587 61 4% 7 803 Benefits 520 049 374 444 72 0% 391 428 75 3% (16 985) Professional/Contractual Services 3 207 015 2 023 905 63 1% 1 931 967 , 60 2% 91 938 Materials & Supplies 207 626 107 032 51 6% 107 726 51 9% (694) Lease of Facility/Equipment 8 302 5 300 63 8% 5 923 71 3% (623) Equipment 0 0 0 0 Capital Projects 0 0 0 0 Utilities 130 870 85 545 65 4% 81 362 62 2% 4182 Debt Service 0 0 0 (0) Overhead Cost Allocation (281 736) (153 225) 54 4% (120 850) 42 9% (32 375) Transfers Out 126,500 63,894 50 5% 63,250 50 0% 644 4 710 772 3 001 283 63 7% 2 947 393 62 6% 53 890 REVENUE & EXPENDITURE SUMMARY REVENUES 4 844 307 2 696 225 2 774 613 EXPENDITURES (4 710 772) (3 001 283) (2 947 393) NET 133,535 (305,0581 17( 2,7801 Q 13 Packet Fig 34 B5a MONTHLY EXPENDITURE - Benefits (2016-17 vs 2015-16) FY2016 17 Expected $374 I44 1 1 1 1 1 i l l I FY2016 17 Actuals $391 428 FY2015 16 Actuals $334 335 50 000 100 000 150 000 200 000 250 000 300 000 350 000 400 000 450 000 ■ FY2015 16 Actuals 13 FY2016 17 Actuals Ill FY2016 17 Expected ti 0 N A L L d LL L i+ L 0 Q Nd I.I. V LL s c 0 ti to N r L 0 Q N� I.f. V ILL .0 r C C0 C r- r CD m d U. C d E t a w Q Packet Pg 36 1 v MONTHLY EXPENDITURE - Materials & Supplies (2016-17 vs 2015-16) JUN - $28 56 MAY $22 894 APR $1 333 MAR $22 965 12 959 FEB $is oz3 I 20 887 JAN $8 70 8 694 DEC $10 89; 21 372 NOV $23 089 3 7 517 OCT $4 919 _ 8 262 SEP $5 164 20 803 AUG $18 51 7 230 JUL $137 6 5 000 10 000 15 000 20 000 25 000 30 000 ® 2016-17 ® 2015-16 Actuals h O N O 3 d LL i O sZ d V V C C LL A s_ C O ti co N r L O CL d L) C R s r O ti r CD N .fl d LL C d E s La r Q Packet Pg 38 s- 'i�+�W:+47,a7:YAa AGENDA REPORT MEETING DATE April 25, 2017 Council Item TITLE Program Supplement Agreement Between the City of Grand Terrace and State of California (Caltrans) PRESENTED BY Sandra Molina, Planning & Development Services Director RECOMMENDATION Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING A PROGRAM SUPPLEMENTAL AGREEMENT BETWEEN THE CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain, Public Safety" by investing in improvements to public infrastructure, and Goal #4 "Develop and Implement Successful Partnerships" by working with local, regional and state agencies to secure funding for projects BACKGROUND/DISCUSSION The City was awarded a $295,000 Active Transportation Program grant that would fund the City's first Active Transportation Plan Subsequently, the City Council approved a contract between the City and KTUA for development of the Plan Attached are a Program Supplement Agreement to Administering Agency -State Master Agreement and a Resolution approving the Supplemental Agreement and authorizing the City Manager to execute the Agreement The funding for this project was obtained through State funds While the funding was allocated by the California Transportation Commission, Caltrans guidelines requires a Program Supplement Agreement to be signed between Caltrans and the City in order to receive invoice reimbursements FISCAL IMPACT Approval of this item allows for reimbursement of the $295,000 grant ATTACHMENTS • Program Supplement Agreement pdf (PDF) • Resolution —Program Supplemental Agreement (DOC) Packet Pg 40 B6a PROGRAM SUPPLEMENT NO P50 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00507S Adv Project ID Date February 14, 2017 0817000033 Location 08-SSD-0-GRTR Project Number ATPLNI-5421(004) E A Number Locode 5421 This Program Supplement, effective 1210812016, hereby adopts and incorporates into the Administering Agency -State Agreement No 00507S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authonty of Resolution No approved by the ADMINISTERING AGENCY on (See copy attached) The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages PROJECT LOCATION Throughout the City of Grand Terrace TYPE OF WORK Feasibility study to create connectivity for non-motonzed transportation Estimated Cost State Funds Matching Funds $295,000 00 STATE $295 000 00 LOCAL $0 OCR I OTHER $0 0( CITY OF GRAND TERRACE STATE OF CALIFORNIA Department of Transportation By By Title Chief, Office of Project Implementation Date Division of Local Assistance Attest Date I hereby certify upon my pens I knowled th udgeted funds are available for this enc brance Accounting Officer �� Date -�-I �� $295 000 00 Program Supplement 00-507S-P50- SERIAL Page 1 of 4 Packet Pg 42 08SED-0-GRTR ATPLNI-5421(004) ^B ti a 02/1412017 SPECIAL COVENANTS OR REMARKS Program j BC I Category ] Fund Source AMOUNT c E d Q d E d CL E w L 0 L. IL UN a R L Y 0 U to co N .a Q Y C 01 E 0 d L a Y E d CL Q v II�^ v/ E w L 0 L a J Y � d E s 0 Y Program Supplement 00-5076-1350- SERIAL Page 2 of 4 Packet Pg 44 Y Q 08-SBD-0-GRTR ATPLNI-5421(004) SPECIAL COVENANTS OR REMARKS 02/1412017 Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract Failure to do so will cause a delay in the State processing of invoices for the construction phase G The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate,(PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment H ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a 'Report of Expenditures" within one hundred eighty (180) days of PROJECT completion Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines I ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments Notwithstanding the foregoing, ADMINISTERING AGENCY will not be required to comply with 49 CFR, Part 18 36 (r), subsections (3), (4), (5), (6), (8), (9), (12), and (13) J By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended Program Supplement 00-507S-P50- SERIAL Page 4 of 4 Packet Pg 46 B6b PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 25th day of April, 2017 AYES NOES ABSENT ABSTAIN ATTEST Cynthia A Fortune Deputy City Clerk 0 Darcy McNaboe Mayor r r c a, E d a, L Q cc c d E d o. a n U) E w as 0 a N C cc L r �cc♦ V T N Qr Page 2 of 2 Packet,Pg 48 �E 7 AGENDA REPORT MEETING DATE April 25, 2017 1Council Item TITLE Conduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter 18 83, Conditional Use Permits of the Zoning Code PRESENTED BY Sandra Molina, Planning & Development Services Director RECOMMENDATION Pursuant to the recommendation of the Planning Commission, consider adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REVOKING ADMINISTRATIVE CONDITIONAL USE PERMIT 05-07 PURSUANT TO SECTION 18 84 070 (REVISIONS AND MODIFICATIONS) AND SECTION 18 83 080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE 2030 VISION STATEMENT This report promotes Our Mission To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government and Goal #2 Maintain Public Safety BACKGROUND/DISCUSSION On February 2, 2017, the Planning Commission reviewed Administrative Conditional Use Permit (ACUP) 05-07, which was granted to CB Tyres Recycling Resources, LLC (CB Tyres) in 2005 CB Tyres is a waste tire collection facility The business receives tires from various sources, sorts and either transports them to receiving facilities or stores them within enclosed storage trailers CB Tyres also collects waste tires from other facilities and transports them to receiving facilities (Attachment 1 contains the February 2, 2017 staff report ) Staff brought the ACUP before the Planning Commission due to non-compliance with the established conditions of approval The permit approval established twelve conditions of approval (Attachment 2) Condition No 1 limits the number of tires that can be kept on the ground at 499 In June of 2016, the City became aware, through County Fire, that the California Department of Resources Recycling and Recovery (CalRecyle) Tire Hauler Compliance Unit was conducting inspections at CB Tyres due to excessive tires on the property CalRecycle is the State agency that regulates waste tires The City's Code Enforcement Division also investigated the issue and determined that the business was out of Packet Pg 49 �aE7`p Based on the July 28, 2016 site inspection, the Code Enforcement report estimates that there are up to 20,000 used tires were on the site The Report indicates that CB Tyres has received 26 citations totaling $11,300 in fines, and that the property owner has received 9 citations totaling $3,800 in fines The Code Enforcement Report is included in Attachment 3 On March 15, 2017, Senior Code Enforcement Officer Barrie Owens conducted a site inspection to determine the progress made to date As stated in the attached Code Enforcement Report, CB Tyres is still out of compliance with Condition Nos 1, 7 and 8, and out of compliance with Condition No 3 Condition No 3 prohibits junked, damaged or abandoned vehicles, trailers or RV's on the site of the tire operation at any time There was a damaged semi -truck on the lot waiting for tow by the insurance company The insurance adjuster was expected to complete a vehicle inspection and tow the vehicle from the premises by March 31, 2017 As of April 14, 2017, the damaged truck is still on the premises Fire Department Inspections The San Bernardino County Fire Hazardous Materials Division conducted an inspection on March 9, 2017, and determined that CB Tyres does not require a hazardous waste generator or hazardous waste handler permit On March 15, 2017, San Bernardino County Fire Community Services Division conducted a site inspection to determine compliance with California Fire Codes Staff requested this inspection based on the mass quantity of waste tires on site Based on the inspection, a Notice of Violation was issued to CB Tyres, as summarized below 1 Excessive tire storage - approximately 350' x 200' pile of used tires 10' to 12' in height 2 Pile location is within 12' of property line and a building to the North and against the neighboring heavy equipment repair yard to the East Clearances not being maintained 3 Individual pile size is excessive (over 50,000 cubic feet) and without proper clearances between piles (40 foot minimum) 4 Combustible vegetation (weeds/grasses) located to the East of the pile with no clearance 5 Tires on and off rims are being stored within the same pile 6 Fire Apparatus access is limited to North end of property and to East side of property and tire storage 7 Required fencing is not provide to secure tires 'Packet Pg 51 �E 7 compliance by March 30, 2017 The stockpile of used tires is such that it has created an environment for the breeding of mosquitoes creating a public health and safety concern The continued noncompliance creates a public nuisance in that the stockpile of debris (waste tires) are stored on the property such that they are visible from a public street The stockpile is highly visible from Barton Road, the City's main entry point into the City, and adjoining properties The visibility of the large stockpile of waste tires impact the aesthetics of the community, as evidenced in the photographs attached to this report PUBLIC NOTICE In accordance with the requirements of the Zoning Code, public notice of this hearing was published in the Grand Terrace City News, posted in three public places and mailed to property owners within 300 feet of the site Mailed notice was also provided to the business and property owners a Further, subsequent to the Commission's action, Staff mailed certified letters to both the business owner and property owner informing them of the Commission's recommendation FISCAL IMPACT f No direct fiscal impact is expected from the Council's action to revoke the Administrative CUP There could be potential costs effectuating the revocation ATTACHMENTS • 2 2 2016 PC Report (PDF) • .CB Tyres Approval_ACUP 05-07 pdf (PDF) 0 PC Report April 6, 2017 pdf (PDF) • Vector Control Inspection (PDF) • PC RESOLUTION_2017-31 (PDF) • CC Resolution —CB Tyres (DOC) APPROVALS Sandra Molina Completed 04/14/2017 3 51 PM Finance Completed 04/17/2017 5 17 PM City Attorney Completed 04/17/2017 6 18 PM Sandra Molina Completed 04/19/2017 5 35 PM City Manager Completed 04/19/2017 7 21 PM City Council Pending 04/25/2017 6 00 PM Packet Pg 53 0 Attachment 1 AGENDA REPORT MEETING DATE February 2, 2017 TITLE Review of Conditional Use Permit 05-07 Granted to CB Tyres, Pursuant to Chapter 18 84 Administrative Conditional Use Permits of the Zoning Code PRESENTED BY Sandra Molina, Planning & Development Services Director RECOMMENDATION Set a public hearing date for full examination of Administrative Conditional Use Permit 05-07, pursuant to Section 18 84 070 of the Zoning Code and to consider modification or revocation of the ACUP 05-07 2030 VISION STATEMENT This report promotes our 2030 Vision Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities, a vibrant and diverse local economy, a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for -� generations BACKGROUND CB Tyres is a used tire collection facility located at 21801 Barton Road, #D The business receives tires from various sources, sorts and transports them to receiving facilities The Applicant has received several Planning approvals for the use In 2000, Land Use 00-62 was granted to CB Tyres to allow the tire collection and transfer business The approval was subject to certain conditions of approval, which is attached along with a copy of the letter of intent In 2004, pursuant to Chapter 18 84 (Administrative Conditional Use Permits), Administrative CUP 04-04 was approved This approval included relocation of the use to the west end of the property, and certain conditions of approval (enclosed) The approval included a condition that required the applicant to maintain compliance with a "Minor Waste Tire Facility Permit" issued by the State of California Integrated Waste Management Board On August 25, 2005, Administrative Conditional Use Permit 05-07 was approved for the business (attached) This approval included Condition No 1 limiting the number of tires stored on the ground at the end of the work day to 499 tires On September 30, 2008, CB Tyres submitted Administrative Conditional Use Permit 08- 1 PacketAPg 54 Paragraph (B) of Section 18 84 070 Revisions or Modifications states B Review by the Community and Economic Development Director The community and economic development director may periodically review any administrative conditional use permit to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity If after the director's review, if warranted, the matter may be referred to the planning commission for additional review If after the Planning Commission's review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set At such public hearing, the planning commission may modify or revoke the permit pursuant to Section 18 83 080 of this title As discussed above, the director has determined that the Administrative CUP is not being operated in compliance with the condition of approval, and is therefore referring this item to the Planning Commission for further review Staff is recommending that the Planning Commission set a public hearing date to conduct a full examination, and consider modification or revocation of the Administrative CUP 05-07 A revocation, if any, is subject to final City Council review at a public hearing ATTACHMENTS • CB Tyres LU-00-62 (PDF) -. • CB Tyres ACUP-04-04 (PDF) • CB Tyres ACUP 05-07 pdf (PDF) • Chapter 18 84 Administrative Conditional Use Permits pdf (PDF) • Chapter 18 83 Conditional Use Permits pdf (PDF) APPROVALS Sandra Molina Completed 01/25/2017 3 13 PM City Attorney Completed 01 /26/2017 9 46 AM Sandra Molina Completed 01/26/2017 9 54 AM Planning Commission/Site And Architectural Review Board Pending 02/02/2017 6 30 PM Packet Pg 56 E7a Rug 31 00 04 12p Conrad Batham 526-963-5237 P i 3 Unpaved portions of the site used for vehicular movement and/or storage should be covered with slag or other dust controlling surfs a material, and maintained such 1hat dust Is not generated This condition will ,be reviewed in one,year to determine the ability of the: applicant to comply 1 8 CS Tyres Recycling Resources, LLC, shall maintal�t a City of Grand Terrace Business License i 9 CB Tyres Recycling Resources LLC, shall demon>�trate to the City of Grand Terrace their compliance with all applicable Stat and Federal regulations regarding the trucking operation and handling of wast tires 10 This business shag be operated generally in the manner described in the attached letter of intent dateo August 21, 2000 Any substantia change in the nature of the ousiness may require additional review and approval b V the City Acceptance of CondldMs I am the ownerlapplicant of the property described above gi am aware of an accept all of the conditions set forth herein it is further understood that all of the aforementioned conditions that require installation and improvements shaibe completed rn a manner satisfactory to the Community and Economic Developmer4 Department of The City of Grand Terrace and shall not be deemed complete until Opproved and accepted as completed by said Department Non-compliance with thebe conditions may result in code enforcement activity by the City and termination of bum,mess at this site Albert Luna, Properly Owner DateLn to N r oa 0 Conrad 9atham President — dW DaJ6 d C13 Tyres Recycling Resources, LLC IL f2, PaUrtm Materassi Date N Community and Economic Development Director N City of Grand Terrace d s f w I Q Packet Pg 58 E7a . 'Y ACCEPTANCE OF CONDITIONS OF APPROVAL APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF GRAND TERRACE OF ADMINISTRATIVE CONDITIONAL USE PERMIT NO 04-04 TO OPERATE A TIRE RECYCLING BUSINESS WITH A MODULAR OFFICE ON THE WESTERLY 2 2 ACRES OF A 5 6 ACRE INDUSTRIAL SITE LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE I In no instance shall the number of tires stored on the site exceed that allowed by a "Minor Waste Tire Facility Permit" issued by the California Integrated Waste Management Board 2 The site of the tare operation shall be kept in a weed and debris free condition at all time There shall be no storage or parking of junked, damaged or abandoned vehicles, trailers or RV's on the site of the tare operation at any time All vehicles parked or stored on the premises must have a valid, current license and be in operable condition 4 Street addresses shall be posted on a directory sign at the entrance to the property The > directory sign shall also include the names of all businesses located on the property The 2- directory sign shall be installed within three months of the approval of this permit c 5 Unpaved portions of the site used for vehicular movement and/or storage should be covered E a with slag or other dust controlling surface material and maintained such that dust is not generated cc N 6 CB Tyres Recycling Resources, LLC shall maintain a valid City of Grand Terrace Business License d 1 � 7 The applicant/operator of the tire recycling business shall comply with all requirements of a the California Integrated Waste Management Board at all tunes c N 8 The applicant/operator of the tare recycling business shall comply with all other applicable cm Local, State and Federal regulations regarding the trucking operation and the handling of waste tires E 9 The applicant/operator of the tire recycling business shall comply with all requirements of s w the Director of Building and Safety/Public Works in his memorandum dated May 5, 2004 a and attached hereto 10 The applicant/operator of the tire recycling business shall obtain whatever building, electrical and plumbing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of permits within 3 months of the date of this approval Packet Pg 60 DEPARTMENT OF BUILDING & SAFETY, PUBLIC WORKS AND HOUSING 22795 B irton Road Suite B Grand Terrace Caltfomid 92313-.)295 Civic Center (909) 825-3825 Fax (909)825-7506 t n o c-,-„- 1 L-O .J J / MEMORANDUM TO John Lampe, Associate Planner FROM Jerry Glandes, Director of Building and Safety/Public Works DATE May 5, 2004 SUBJECT CUP-04-04 - 21801 Barton Road #D - Operate and maintain a tire recycling facilit - C B Tyres Rec clip Resources, LLC c to 0 E ti After project review and in compliance with the Grand Terrace Municipal Code Article m III, the following recommendations should be considered as conditions for the proposed project 0 r 1 Provide the following 0 A Plot plan B Plans for structure a C Property corner points y 2 Show any recorded easements on plot plan S a 4 All utilities shall be run underground LO 5 Provide proof of payment of school fees 6 Pay all plan check, permit & inspection fees t: 7 Pay all public works, capital improvement, maintenance, circulation and traffic ea improvement fees 40 8 All improvements shall be designed by persons registered and licensed to a perform such work pursuant to the State of California Business and Professions Code, which shall comply with all applicable requirements of the 2001 California N Building Code,2001 Cali fornia Electrical Code, 2001 Cal ifornia Plumbing Code, 2001 California Mechanical Code, American Disabilities Act,Title 24 California r Energy Requirements and the Grand Terrace Municipal Code c=, E s w a Packet Pg 62 �D�(' ` �..®..�[� ; 1 1 � � � f } t' ( Jaoncoj_ vxr�.tsir7• i i I f ._ _.. , ALLI At 'w9 i a ) f f � I ..._,.— �1_.._.�.e. i .�..����_.. —ice— ___.4T.�_.._.L,._� � � _ � _ .ip �►��1` _ T K _ _ __._..�_._i._. ,�__.;_..._,`� s , t } i„-_,,��.t..,_,. u rvo i k 10,6 3 ( I 0, 0 .vdxv� � J Attachment 2 2 2016 PC Report (2165 Administrative Conditional Use Permit 05-07) E7a X u ACCEPTANCE OF CONDITIONS OF APPROVAL APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF GRAND TERRACE OF ADMINISTRATIVE CONDITIONAL USE PERMIT NO.05-07 TO OPERATE A TIRE COLLECTION AND PROCESSING CENTER WITH A MODULAR OFFICE OFFICE ON THE WESTERLY 2.2 ACRES OF A 5 6 ACRE INDUSTRIAL SITE LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE In no instance shall the number of tires stored on the ground at the end of the work day exceed 499 2 The site of the tare operation shall be kept in a weed and debris free condition at all time There shall be no storage or parking ofjunked, damaged or abandoned vehicles, trailers or RV's on the site of the tare operation at any time All vehicles parked or stored on the premises must have a valid, current license and be In operable condition 4 Street addresses shall be posted on a directory sign at the entrance to the property The directory sign shall also include the names of all businesses located on the property The directory sign shall be installed witlun three months of the approval of this permit 5 Unpaved portions of the site used for vehicular movement and/or storage should be covered with slag or other dust controlling surface material and maintained such that dust is not generated 6 CB Tyres Recycling Resources, LLC shall maintain a valid City of Grand Terrace Business License 7 The apphcant/operator of the tire recycling business shall comply with all applicable requirements of the California Integrated Waste Management Board at all times 8 The applicant/operator of the tare recycling business shall comply with all other applicable Local, State and Federal regulations regarding the trucking operation and the handling of waste tires 9 The applicant/operator of the tare recycling business shall comply with all requirements of the Director ofBuilding and Safety/Public Works in has memorandum dated August 25, 2005 and attached hereto 10 The applicantloperatorofthe tire recycling business shall obtain whatever building, electrical and plumbing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of permits co 0 a d lr U a ce 0 N N N c d E 0 �a Packet Pg 66 E7a COUNTY FIRE DEPARTMENT OFFICE OF THE FIRE MARSHAL HAZARDOUS MATERIALS DIVISION 620 $outh "E" Street - San Bernardino, CA 92415-0153 (969)306-8401 - Fax (909) 386.8460 Q COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT/ • PUBLIC SERVICES GROUP PETER R HILLS Fire Chief County Fire warden August 17, 2005 City of Grand Terrace R Fc[p"WE Community and Economic Development Department AUG 1 ZQ� 22795 Barton Road Grand Terrace, CA 92313-5295 MICHELLE F BOUSTEDT Planning/Community Servirea Department ATTENTION: JOHN LAMPE, ASSOCIATE PLANNER FILE NO. ADMINISTRATIVE CUP (CUP-05-07) APPLICANT. C-B TYRES REC1tCLING RESOURCES LOCATION. 21801 #D BARTON ROAD, GRAND TERRACE Dear Mr Lampe The San Bernardino County Fire Department Hazardous Matenals Division has the following conditions for the above -mentioned project a Pnor to Occupancy m m 1 Pnor to occupancy, operator shall submit a Business Emergency/Contingency Plan for N emergency release or threatened release of hazardous materials and wastes or a letter of .r exemption Contact Office of the Fire Marshal, Hazardous Materials Division at (909) 386- a 8401 d 2 Prior to occupancy, applicant shall be required to apply for one or more of the following a IL Hazardous Materials Handler Permit, a Hazardous Waste Generator Permit, an Aboveground `° Storage Tank Permit, and/or an Underground Storage Tank Permit For information, Office 04 of the Fire Marshal, Hazardous Materials Division at (909) 386-8401 N N 1 Should you have any further questions, comments, or concerns, please feel free to contact me at = (909) 386-8401 or knegel@sbcfire org E Ki*r s 0 a KRISTEN RIEGEL, MPH, REHS Hazardous Materials Division, Fleld Services Section Packet Pg 68 E7a o, i ACCEPTANCE OF CONDITIONS -OF AEMKOVAL APPROVAL BY THE COMMUNITY DMLOPMENT DIRECTOR OF TIE CITY OF GRAND TERRACE OFADNIINISTRATM CONDITIONAL USE PERMIT NO.05-07 TO OPERATE A TIRE COLLECTION AND PROCESSING CENTER WITH A MODULAR OFFICE .. OFFICE ON THE WESTERLY 2.2 ACRES OF A 5.6 ACRE INDUSTRIAL SITE c LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE o 1 In no instance shall the number of tires stored on the ground at the end of the work day E exceed 499. a 2 The site ofthe tine operabun shall be kept in a weed and debris file condition at all time. d N �a 3. There shall be no storage or parking of]unked, damaged or abandoned vehicles, traders or c 0 RV's on the site of the tine operation at any time All vehicles parked or stored on the c Premises must have a valid, current beense and be in operable condition. 4 Street addresses shall be posted on a du+ectory sign at the entrance to the property The a� 2 directory sign shall also include the names of all businesses located on the property. The H directory sign shall be installed within three months ofthe approval of this permit. E 5. UMPMd portions ofthe site used for vehicular movement and/or storage should be covered Q with slag or other dust controlling surface material and maintained such tbat dust is not o generated. N 6 CB Ty= Rccychng Resources, LLC shall mamtain a valid CityofC=nd Teaace Business 0. License. 0 o: 7 The applicwW0perat0r of the tire recycling business shall comply with all applicable U coo requimnients of the California Integrated waste Management Board at all times.CM N 8 The appbeantloperator of the tyre recycling business shall comply with all other applicable 04 Local, State and Federal regulations regardmg the trucldiig operation and the handling of = waste tires. 4) 9 The applicant/operator of the tire recycling business shall comply with all raprements of s r theDir ectorofB wldingand 3afetyJPubhc Works m his memorandum datedAugust 25, Z005 a and attached hereto 10. lboapphc ant/ope atorofthetnncychMbumnessshatlobtamwbateverbuildmg,electrical and plumbing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of permits Packet Pg 70 r ■ ■ ■ ■■ No ON INNER ■■■■■■■■ ■■■■■■■■ ■ME/EN■■ moommoom ONE ,(�7tT:r71�1I1= ��ii■■■d■1�f� �a■ti■r/ 1■■���i r■��1 illlfi■/■�,%■ ■■■/i■■mm!■ ■■■IJ■■■m■■ ■■ Imak! ■■'-' ■mim Ela I C Site plan, ten copies The site plan shall be drawn at an appropriate scale and shall be a fully dimensioned drawing clearly showing 1 All buildings, property lines and easements 2 All parking spaces, driveways and drive aisles 3 All landscaped areas, existing and proposed 4 All walls and fences 5 Site address and assessor's parcel number 6 North arrow, graphic and numeric scales D Floor plans, ten copies The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements E Application fee as required by the city's fee ordinance (Title 4 Comprehensive Fee Schedules, Fines and Taxes) F The community and economic development director may require additional information or delete certain requirements from an application depending on the specific situation (Ord 192 § 1(part), 2000) 18 84 050 - Criteria for administrative conditional use permit Any use in this title requiring a conditional use permit may be approved by the community and economic development director as an administrative conditional use permit if it complies with the following a LO criteria N A The proposed use will be located in an existing building, old and new Q d B The proposed use shall not exceed two thousand square feet in size U C All applicable zoning regulations and standards will be met including off-street parking and signage IL D All potential adverse impacts will be fully mitigated following review by the appropriate agencies N such as fire, health, air quality and sheriff to insure that this requirement will be met N r E The proposed use must qualify for a "categorical exemption" under the California Environmental Quality Act or otherwise be cleared by the responsible environmental agency, i e , County of San Bernardino Health and/or Hazardous Division «� a (Ord 192 § 1(part), 2000) 18 84 060 - Conditions of approval In granting an administrative conditional use permit, the community and economic development director shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or such modifications thereof as may be Packet P9 74 E7a Following the submittal of an application for an administrative conditional use permit and once an application is deemed complete, it shall be approved, dented or modified by the community and economic development director The Director shall approve the application only if he/she finds A The proposed use 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 2 Injurious to property or improvements in the neighborhood or within the'city B The proposed use will be consistent with the city's general plan C The proposed use meets the criteria for an administrative use as listed in Section 18 84 50 of this chapter D Conditions necessary to secure the purposes of this chapter are made a part of the administrative conditional use permit (Ord 192 § 1(part), 2000) A 18 84 100 -Appeal process Any item which could not be satisfactorily reviewed at the director's level may be subject to referral and review by the planning commission at the discretion of the community and economic development director In addition, the community and economic development director's decisions shall be final unless appealed to the planning commission within ten calendar days of the date of the letter informing the applicant of the director's decision Appeals shall be filed with the community and economic development department and shall follow similar rules as the appeals to the city council under Section 18 83 060 of this title (Ord 192 § 1(part), 2000) 18 84 110 - Revocation Any administrative use permit granted in accordance with this title may be revoked if any of the following actions occur A Any violation of an administrative conditional use permit's required condition of approval B Any federal, state or local law or ordinance is violated in connection with an administratively conditionally permitted use The planning commission shall hold a public hearing to consider the proposed revocation Said hearing shall be noticed in accordance with Section 65091 of the California Government Code After conducting the public hearing the planning commission shall make a recommendation to the city council regarding the revocation of the administrative conditionally permitted use After receiving the Packet Pg 76, E7a Chapter 18 83 - CONDITIONAL USE PERMITS Sections 18 83 010 - Purpose The purpose of this chapter is to establish the planning commission's authority to issue and revoke conditional use permits in order to ensure the community's health, safety and welfare by reviewing uses which may create objectionable or undesirable effects upon nearby uses, but may still be compatible with the property's zoning (Ord 126 § 2, Exh A(part), 1990) 18 83 020 -Application Conditional use permits may be issued by the planning commission for any of the uses or purposes for which such permits are required by the terms of this title Such conditional use permits shall be revocable, may be subject to conditions of approval and may be valid only for a specific period of time, in case the planning commission desires to set an expiration date (Ord 139(part), 1992 Ord 126 § 2, Exh A(part), 1990) 18 83 030 - Submittal process co N Applications for a conditional use permit shall be submitted to the planning department The planning c CL director shall review each application and determine its completeness Upon determination that an application is complete, the application shall be scheduled for a public hearing consideration by the va planning commission An application for a conditional use permit shall consist of the following m 0 N N A Completed application form, N 4. B Site plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes The site plan shall be a fully dimensioned drawing clearly showing 1 All buildings, property lines and easements, a 2 All parking spaces, driveways and drive aisles, 3 All landscaped areas, 4 All walls and fences, 5 Location of all signs, 6 Public improvements to the street centerline, 7 Site address and assessor's parcel number, 8 Property owner name and address, Packet Pg 78 E7a Revisions or Modifications Requested by Applicant A revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours or operation may be requested by an applicant The requested revision or modification shall be processed in the same manner as the original conditional use permit 2 Review by Planning Commission The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set At such public hearing, the planning commission may modify or revoke the permit pursuant to Section 18 83 080 (Ord 139 (part), 1992) 18 83 040 - Public hearing The planning commission shall hold a public hearing on any proposed conditional use permit and shall notice said hearing in accordance with Section 65091 of the California Government Code (Ord 126 § 2, Exh A(part), 1990) 18 83 050 -Approval process The planning commission, after holding a public hearing and considering the proposed use, shall make L, 0 its determination The planning commission shall approve the application only if it finds N A The proposed use will not be 0 CL 1 Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or t� working within the neighborhood of the proposed amendment or within the city, a. T 2 Injurious to property or improvements in the neighborhood or within the city, N N B The proposed use will be consistent with the latest adopted general plan N C Conditions necessary to secure the purposes of this chapter are made a part of the conditional use permit c� (Ord 126 § 2, Exh A(part), 1990) Q 18 83 060 -Appeal process The decision of the planning commission shall be final unless appealed to the city council within ten calendar days Such an appeal may be made by the applicant, any member of the city council or any other interested person A An appeal of a planning commission decision shall be made in the following manner Packet Pg 80 E7a B Any federal, state or local law or ordinance is violated in connection with a conditionally permitted use The planning commission shall hold a public hearing to consider the proposed revocation Said hearing shall be noticed in accordance with Section 65091 of the California Government Code After conducting the public hearing the planning commission shall make a recommendation to the city council regarding revocation of the conditionally permitted use After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit ti (Ord 126 § 2, Exh A(part), 1990) c LO 0 E 18 83 090 - Expiration and extensions `m a m The planning commission may allow a use to operate in a location for the duration of the continued use M or may allow it with a specified expiration date The following regulations are for both types of conditional c 0 use permits c 0 A Permanent Conditional Use Permit The planning commission allows a particular use to be on a v d articular location subject to conditions of approval No expiration time is set P J pp P � 1 Compliance Period The approval of a permanent conditional use permit application shall T c automatically expire one year from the date of its approval unless E r a All conditions of approval are met, or Q b Sufficient investment has been completed and building permits are issued, or N c Business license is issued in accordance with the Grand Terrace Municipal Code 0 CL In case the applicant is not able to comply with subsections a, b or c, then the applicant shall apply for an extension of the one-year compliance period prior to the end of that year period Theto nv. planning director may, upon application by the applicant, extend the compliance period for a 0 specific length of time up to one year Two extensions are the maximum allowed r' N B Conditional Use Permits With Expiration Date The planning commission sets an expiration date for the proposed use In this case, no extensions are permitted If the applicant desires to continue operation of the project after expiration, the applicant shall be required to file a new application for a conditional use permit (Ord 139(part), 1992 Ord 126 § 2, Exh A(part), 1990) Packet Pg 82 E7b 15 APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR .. OF TEE CITY OF GRAND TERRACE OF ADMINISTRATIVE T CONDITIONAL. USE PERMIT N0.05-07 TO OPERATE A TIREo COLLECTION AND PROCESSING CENTER WITS A MODULAR OFFICE OFFICE ON THE WESTERLY 2.2 ACRES OF A 5.6 ACRE INDUSIMAL SM E LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE 1 Tn no mstance shall the number of tree sk ned on the 499. ground at the end of the work day m U) exceed 2. The site ofthe tare qmatwn shall be kept m a weed and debris fine condition at all time. c 3 Thera shard be no storage or parkmg ofjunked, damaged or abandoned vehicles, trailers or c� > RV's on the site of the tin operation at any time. All vehicles parked or stored on the pmenuses must have a valid, euzrant license and be in operable condition. H 4. Street addresses shall be posted on a directory sign at the entraace to the property. The directory sign shall also include the names of all businesses located on the property. The Q di mt ory sign shall be rnsta]led withm three months of the approval of tbis permit to 5 Unpaved portions ofthe site used for vehicnlarmovement and/or storage should be covered �- wrth slag or other dust controlling surface material and maintained such that dust w not =- g�ed. � 0 6 CB Tyres Recycling Resouirces, LLC. shall maintain a valid Otty of Grand Tezra4e Business License. U 7 ne.WhcMV0PwHt0T of the to recycling business shall comply with all applicable > of the Caiiforma kkgmted Waste Management Hoard at all tug Q. 8 Thelicaut! app operator of the tire recycling business shall comply with an other, applicable Q. a � Local, Stye and Federal regulations regarding the truckmg operation and the haudhng of >, wart® tres. F- m 9 The apphcard/opeuator of the tire recycling business shall comply with all requirements of � the Dkectorof wilding and Safety/Public works in his memorandum dated August 25, 2005 and attached hereto. E 10 Theappncaat/opelutowofthetrerecyclingbussnessshall obtarnwhateverbuylding,elaiaical a and phmibing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of pemmits. Packet Pg 84 W6M "ME imii�iiiiiiiii■/li�i�;+i/�iii# 1■ I1�1�IIWAMii�:'�f�;r1� Jim IiiiE3i�Qi�ii�■■�■■i�����1i�/,�1��:�!�;�1�`�i�/iii[`.�1� �:■ �i�G� ���iAi■li�iitiil:l�i'���J■%iii��JraCt;�: ■ii����liiA�!■©iiii�lr.c;l��iiii�laiii[y-:. ii:ia im"Womi'Poulliiiii��/iii�%�����t ■■ ■iiii��,/�1+���ii//./�ii//ii� Ji■ � i� DEPARTMENT OF BUILDING & SAFETY, PUBLIC WORKS AND HOUSING 22795 Barton Road Suite B Grand Terrace California 92313-5295 Civic Center (909) 825-3825 Fax (909) 825-7506 X 12-2 5171 l TO. John Lampe, Associate Planner FROM Jerry Glander, Director of Building and Safety/Public Works '�*kA DATE. August 25, 2005 SUBJECT CUP-05-07 - 21801 Barton Road #D - Operate and maintain a tire recycling facility - C B Tires Rec aling Resources 0 o E a m � r_ After protect review and in compliance with the Grand Terrace Municipal Code Article 2 w c III, the following recommendations should be considered as conditions for the proposed d project > r 1 Provide the following T A Plot plan S B Plans for structures Q C Property corner points 2 Show any recorded easements on plot plan to r 3 All utilities shall be run underground 4 Provide proof of payment of school fees a 5 Pay all plan check, permit & inspection fees c 6 Pay all public works, capital improvement, maintenance, circulation and traffic to improvement fees 0o. 7 All improvements shall be designed by persons registered and licensed to v perform such work pursuant to the State of California Business and Professions ai Code, which shall comply with all applicable requirements of the 2001 California Building Code, 2001 California Electrical Code, 2001 CaliforniaPlumbing Code, 2- 2001 California Mechanical Code, American Disabilities Act, Title 24 California E Energy Requirements and the Grand Terrace Municipal Code y d m c� r c d E w w a n v Packet Pg 88 AGENDA REPORT II, Ill'•III' MEETING DATE April 6, 2017 TITLEConduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter 1883, Conditional Use Permits of the Zoning Code PRESENTEDBY Sandra Molina, Planning & Development Services Director RECOMMENDATION1) Open the public hearing which was continued from March 16, 2017, and 2) Consider adoption of a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL REVOKE ADMINISTRATIVE CONDITIONAL USE PERMIT 05-07 PURSUANT TO SECTION 18 84 070 (REVISIONS AND MODIFICATIONS) AND SECTION 18 83 080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE 2030 VISION STATEMENT This report promotes Our Mission To preserve and protect our community and its r exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government and Goal #2 Maintain Public Safety BACKGROUND On February 2, 2017, the Planning Commission reviewed Administrative Conditional Use Permit (ACUP) 05-07 was granted to CB Tyres Recycling Resources, LLC (CB Tyres) in 2005 It should be clarified that the Permit was issued to CB Tyres is a used or waste tire collection facility located at 21801 Barton Road, #D Twelve Conditions of Approval were established on ACUP 05-07, including a condition that no more than 499 tires can be stored on the ground and that the business must be in compliance with the State Integrated Waste Management Board CB Tyres has been out of compliance for several months with both the Conditions of Approval and State regulations At the February 2nd meeting, the Planning Commission considered Staff's written and oral reports and testimony from the business owner, Mr Tony Tejeda Based on this information, the Planning Commission determined that there is there is sufficient evidence to warrant a full examination of the ACUP and set a public hearing date of March 16, 2017 At the public hearing, the Commission may modify or revoke the permit pursuant to Section 18 83 080 of the Zoning The Commission made this determination Packet Pg 3 Packet Pg 89 At the February 2nd meeting, Mr Tejeda explained the excess tires are a result of the accepting facilities that he contracts with had temporarily stopped accepting tires He further indicated that the Mitsubishi plant was again accepting waste tires and was accepting more trailer deliveries It was anticipated that at the time of the March 16, 2017, hearing that a significant amount of tires would have been removed from the Site At the meeting Mr Tejeda indicated his desire to change his business plan to utilize an on -site shredder that would allow him to cut waste tires on a daily basis and deliver them to the landfill, when he cannot deliver them to his end users Staff met with Mr Tejeda and his accountant on February 16, 2017, and at that time he indicated that the Mitsubishi Plant, again, stopped accepting tires Mr Tejeda's accountant indicated that a shredder is a significant investment and that he was seeking investors to purchase a shredder Staff informed Mr Tejeda that a shredder and additional trailers on the site will be subject to a full CUP Also discussed was whether the City had business assistance programs or grant opportunities to assist in the purchase of a shredder, which the City does not On March 15, 2017, the Senor Code Enforcement officer Barre Owens conducted a site inspection to determine the progress made to date As stated in the attached Code Enforcement Report, CB Tyres is still out of compliance with Condition Nos 1, 7 and 8, and out of compliance with Condition Nos 3 Condition No 3 which prohibits junked, damaged or abandoned vehicles, trailers or RV's on the site of the tire operation at any time There was a damaged semi -truck on the lot waiting for tow by the insurance company The insurance adjuster is expected to complete his vehicle inspection and tow the vehicle from the premises by March 31, 2017 Fire Department Inspections Condition No 11 relates to compliance with County Fire regulations regarding hazardous waste generator or hazardous waste handler permitting On March 9, 2017, County Fire conducted a site inspection to determine whether CB Tyres qualifies as a hazardous waste generator or hazardous waste handler which requires permitting by County Fire Based on the inspection, CB Tyres does not require either permit A copy of the inspection report is attached Attachment 5) On March 15, 2017, County Fire Community Services Division conducted a site inspection to determine compliance with California Fire Codes based on a request from City Staff Staff requested this inspection based on the mass quantity of waste tires on site Based on the inspection a Notice of Violation was issued to CB Tyres, as > summarized below Attachment 5 is a copy of the inspection report 1 Excessive Lire storage - approximately 350' x 200' pile of used tires 10' to 12' in height 2 Pile location is within 12' of property line and a building to the North and against Packet Pg 5 Packet Pg 91 safety or welfare, or materially injurious to properties in the vicinity If after the directors review, if warranted, the matter may be referred to the planning commission for additional review If after the Planning Commission's review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set At such public hearing, the planning commission may modify or revoke the permit pursuant to Section 18 83 080 of this title Section 18 83 080 - Revocation Any conditional use permit granted in accordance with this title may be revoked if any of the following actions occur AAny violation of a conditional use permits required condition of approval, BAny federal, state or local law or ordinance is violated in connection with a conditionally permitted use The planning commission shall hold a public hearing to consider the proposed revocation Said hearing shall be noticed in accordance with Section 65091 of the California Government Code After conducting the public hearing the planning commission shall make a recommendation to the city council regarding revocation of the conditionally permitted use After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final t � � determination to revoke, amend or leave unchanged the subject conditional use permit The Commission has the authority to modify the conditions of approval However, given that the business owner has been out of compliance for almost a year with CalRecycle, and since July based on the City's Code Enforcement case, it is unclear at this time what modifications could be put in place to gain compliance It is Staff's recommendation that the Commission consider recommending revocation of the ACUP to the City Council Attachment 7 is a Resolution for the Commission's adoption The business owner is in violation of several conditions contained in ACUP 05-07 as detailed in the attached Code Enforcement Report, and also in violation of state laws regarding the permitting of facilities that recycle waste tires, and local Fire Codes Additionally, the maintenance of the property is in such a condition as to be detrimental to public health and safety, and constitutes a public nuisance The stockpiled waste tires are over the limit of 499 waste tires established by ACUP 05-07, CalRecycle estimated the number to be 26,667 on April 20, 2016, 31,089 on May 23, 2016, 16,267 on August 11, 2016, and 19 909 on October 25 2016 Mr Te,eda estimated to number approximately 30,000 on January 17, 2017 While the total number of waste tires fluctuates, the number has consistently exceeded 499 Packet Pg 7 Packet Pg 93 j F RA- MEETING DATE TITLE PRESENTED BY Attachment 1 AGENDA REPORT February 2, 2017 Review of Conditional Use Permit 05-07 Granted to CB Tyres, Pursuant to -7Chapter 18 84 Administrative Conditional Use Permits of the Zoning Code Sandra Molina, Planning & Development Services Director RECOMMENDATIONSet a public hearing date for full examination of Administrative Conditional Use Permit 05-07, pursuant to Section 18 84 070 of the Zoning Code and to consider modification or revocation of the ACUP 05-07 2030 VISION STATEMENT This report promotes our 2030 V,s,on Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities, a vibrant and diverse local economy, a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations BACKGROUND CBTyres is a used tire collection facility located at 21801 Barton Road, #D The business receives tires from various sources, sorts and transports them to receiving facilities The Applicant has received several Planning approvals for the use In 2000, Land Use 00-62 was granted to CB Tyres to allow the tire collection and transfer business The approval was subject to certain conditions of approval, which is attached along with a copy of the letter of intent In 2004, pursuant to Chapter 18 84 (Administrative Conditional Use Permits), Administrative CUP 04-04 was approved This approval included relocation of the use to the west end of the property, and certain conditions of approval (enclosed) The approval included a condition that required the applicant to maintain compliance with a "Minor Waste Tire Facility Permit" issued by the State of California Integrated Waste Management Board On August 25, 2005, Administrative Conditional Use Permit 05-07 was approved for the business (attached) This approval included Condition No 1 limiting the number of tires stored on the ground at the end of the work day to 499 tires On September 30, 2008, CB Tyres submitted Administrative Conditional Use Permit 08- Packet Pg 9 Packet Pg 95 s$E7c Ala Paragraph (B) of Section 18 84 070 Revisions or Modifications states B Review by the Community and Economic Development Director The community and economic development director may periodically review any administrative conditional use permit to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the, public health, safety or welfare, or materially injurious to properties in the vicinity If after the director's review, if warranted, the matter may c ti be referred to the planning commission for additional review If after the Planning c Commission's review, the commission deems that there is sufficient evidence to warrant a full = examination, then a public hearing date shall be set At such public hearing, the planning E Y E commission may modify or revoke the permit pursuant to Section 18 83 080 of this title H a � m As discussed above, the director has determined that the Administrative CUP is not being operated in compliance with the condition of approval, and is therefore referring this item to ° .a c the Planning Commission for further review Staff is recommending that the Planning Commission set a public hearing date to conduct a full examination, and consider modification ci c or revocation of the Administrative CUP 05-07 A revocation, if any, is subject to final City > t) Council review at a public hearing `��° > 1 ATTACHMENTS E n • CB Tyres LU-00-62 (PDF) a • CB Tyres ACUP-04-04 (PDF) E a • CB Tyres ACUP 05-07 pdf (PDF) • Chapter 18 84 Administrative Conditional Use Permits pdf (PDF) v ^, Lo • Chapter 18 83 Conditional Use Permits pdf (PDF) = O N 'a C. APPROVALS 4 N Sandra Molina Completed 01/25/2017 3 13 PM a c City Attorney Completed 01/26/2017 9 46 AM Sandra Molina Completed 01/26/2017 9 54 AM a � Q, Planning Commission/Site And Architectural Review Board Pending 02/02/2017 630 p d PM N a o N r+ = r O y E E .c 0 ca +. a a Packet Pg_ 11 Packet Pg 97 E7c Ala Rug 31 CO 04 12p CCcnrad Batham 626-963-5237 p i I 7 Unpaved portions of the site urged for vehicular movement and/or storage should be covered with slag or other dust controlling surface material, and maintained such that dust Is not generated This condition wiri,be reviewed in one year to determine the ability of the applicant to comply I 8 CS Tyres Recycling Resources, LLC. shall mamtal i a City of Grand Terrace o Business License c o +r ,n o 9 CB Tyres Recycling Resources, LLC, eha8 demon bate to the City of Grand E = Terrace their compliance with all applicable Stat and Federal regulations a E regarding the trucking operation and handling of wast tires (, m °- 10 This business shalt be operated generally in the man r described in the attached in i D letter of Intent dated August 21, 2000 Any substantia change in the nature of the c - ousiness may require additional review and approval b the City = c c Agoyotanee of Condition 1 v 0 I am the ownedapplicant of the property described above It am aware of an accept all CD ' 0 v of the conditions set forth herein 0 Is further understood that all of the aforementioned ° > conditions that require installation and improvements shaA be completed in a manner w satisfactory to the Community and Economic Developmm* Department of the City of c r Grand Terrace and shall not be deemed complete until p pproved and accepted as E T `� completed by said Department. Non-compliance with thebe conditions may result In a E code enforcement activity by the City and termination of business at this site a T- m co Albert Luna Property Owner Irate c � tZ Conrad 8atham. President — dW Da 4- N CB Tyres Recycling Resources, LLC aCL cc �y 3l Q Patrura aterasei Date oa Community and Economic Development Chrector a a, City of Grand Terrace c { CM a i N C 41 E E V V R Q Q Packet Pg 13 Packet Pg 99 M ACCEPTANCE OF CONDITIONS OF APPROVAL APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF GRAND TERRACE OF ADMINISTRATIVE CONDITIONAL USE PERMIT NO 04-04 TO OPERATE A h TIRE RECYCLING BUSINESS WITH A MODULAR OFFICE n o ON THE WESTERLY 2 2 ACRES OF A 5 6 ACRE INDUSTRIAL SITE o CoLO LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE E = 1 In no instance shall the number of tires stored on the site exceed that allowed by a "Minor iv 0. h E L d a Waste Tare Facility Permit" issued by the California Integrated Waste Management Board 2 The site of the tire operation shall be kept in a weed and debris free condition at all time c O = _ R c 3 There shall be no storage or parking ofjunked, damaged or abandoned vehicles, trailers or c v r = RV's on the site of the tare operation at any time All vehicles parked or stored on the > ti premises must have a valid, current license and be in operable condition ? w > 4 Street addresses shall be posted on a directory sign at the entrance to the property The E �a S directory sign shall also include the names of all businesses located on the property The directory sign shall be installed within three months of the approval of this permit. v Q 5 Unpaved portions of the site used for velucular movement and/or storage should be covered o with slag or other dust controlling surface material and maintained such that dust is not r= N PC generated o 6 CB Tyres Recycling Resources, LLC shall maintain a valid City of Grand Terrace Business r License ,� N 7 The appIicant/operator of the tare recycling business shall comply with all requirements of CL o L the California Integrated Waste Management Board at all times Q 8 The applicantloperator of the tare recycling business shall comply with all other applicable a t Local, State and Federal regulations regarding the trucking operation and the handling of o waste tares N N va 9 The applicant/operator of the tare recycling business shall comply with all requirements of N a+ C the Director of Building and Safety/Public Works in his memorandum dated May 5, 2004 E s and attached hereto -� e � 10 The applicant/operator ofthe tire recycling business shall obtain whatever building, electrical a and plumbing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of permits within 3 months of the date of this approval Packet Pg 15 Packet Pg 101 I r�nMMrIA'_ DEPARTMENT OF BUILDING & SAFETY PUBLIC WORKS AND HOUSING 22795 Barton Road Suite B Grand Terrace Galifonua 92313-.)295 Civic Center (909) 825-3825 Fax (909)825-7506 x WE 11) O G-1-r& MEMORANDUM TO John Lampe, Associate Planner FROM Jerry Glander, Director of Building and Safety/Public Works DATE May 5, 2004 SUBJECT CUP-04-04 - 21801 Barton Road #D - Operate and maintain a tire rec clan facility - C B Tyres Recycling Resources, LLC o o w E a ? n 9 in o = E a y After project review and in compliance with the Grand Terrace Municipal Code Article o r. c io c III, the following recommendations should be considered as conditions for the proposed 0 E_project > 0 1 Provide the following y >� A Plot plan c r B Plans for structure L c C Property corner points a E 2 Show any recorded easements on plot plan v a an 0 4 All utilities shall be run underground r 5 Provide proof of payment of school fees ° 6 Pay all plan check, permit & inspection fees ° 7 Pay all public works, capital improvement, maintenance, circulation and traffic ti o improvement fees o N 8 All improvements shall be designed by persons registered and licensed to a c perform such work pursuant to the State of California Business and Professions 0 a Code, which shall comply with all applicable requirements of the 2001 California Building Code, 2001Cali fomiaElectrical Code,2001Cal iforniaPlumbing Code, a Q, 2001 Californi a Mechanical Code, American Disabilities Act, Title 24 Cali fomi a 'TO- � Energy Requirements and the Grand Terrace Municipal Code N n' N �+ aci a+ C d E E s e s o � a a Packet Pg 17 Packet Pg 103 �_____4_-__�}.�_]_ __1_._._.. E_—t.�.l.._—t___..� �� .._s¢.•1_.ea ...� r—�____�_�r.._zl.-.-�11._.nL..v.s__,I— i� i ..i�A. i _ ,.�! _.,_.I�.._l .... i _a____�_.__i oy" 8i`� j_ � L��,._;.L., � •1 i .,_ �I.._�_____i.�. { .._.;.�_ �� d— �__ ° __L__�_.__.1_ ��.� ____� i_�__��._ ___._ _.._� , I ( .�.. � _-��•--i---i_.-.+.�L..�.� ......�i_---.7..._.�.L��_ �4--.—.�--�Ll.o� S •_ .__�._.-._ { .� i . 1 i � I ��j ._. � ' F+P._+..._...o lam.-.e..6 -1 w � -. .a...._, d �{--•____i-.��.�.i�.m�J,-....1_._....._�L..... �-.. i Lr._-J.-..._.1r.-_.�-_-..Y_._L._.i — r 5 r 1 _I1 _� d__ _�.—..�_..__j...._ ..._-..�_..., _.......i._,!j �! � LI !_.,11._�� �J�Vy('QIZ. ,_. il�..... _.i�`.>.� � 1��-•—•�-----� ..._._ j6_._ �� �� t 1! t !I ____� a .. I--•----1 � � I �r._. _......L......1._.._i_._.. � �� � r,a._� t-' ` �1 i 1 r' ..�_��__!_ � � 1 _ie _�_ i z09�hlti91 .� ��; �dr✓t� O�,/N� � I i_�_,_.—..� � i f � '`� � � d C � � I � i �Ii��i- ..t-,..�,-....._ ...�....� _-.�.L_�•-i--�-�- 9..__i__._ I •-.-4.......-��b��..,.,_„b _,� ....�� .._, I.... ..! ,,.1 w j w ,e.' .. .. � _� � �..�.. A. f� W.. .. 6 ..._. 1 .....a...._ .. L1_ ��1_ �_—( „9 _ $rxr/rli pwy i ; I i I { i __•�4� f ! I { 7.t r iS--a ru PAO Attachment 2 2 2016 PC Report pdf [Revision 1] (2142 Administrative Conditional Use Permit 05-07) Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) ACCEPTANCE OF CONDITIONS OF APPROVAL APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF GRAND TERRACE OF ADMINISTRATIVE CONDITIONAL USE PERMIT NO.05-07 TO OPERATE A TIRE COLLECTION AND PROCESSING CENTER WITH A MODULAR OFFICE OFFICE ON THE WESTERLY 2 2 ACRES OF A 5.6 ACRE INDUSTRIAL SITE LOCATED AT 21801 #D BARTON ROAD IN THE CITY OF GRAND TERRACE 1 In no instance shall the number of tires stored on the ground at the end of the work day exceed 499 2 The site of the tare operation shall be kept in a weed and debris free condition at all tune 3 There shall be no storage or parking ofjunked, damaged or abandoned vehicles, trailers or RV's on the site of the tire operation at any time All vehicles parked or stored on the premises must have a valid, current Iicense and be in operable condition 4 Street addresses shall be posted on a directory sign at the entrance to the property The directory sign shall also include the names of all businesses located on the property The directory sign shall be installed witlun three months of the approval of this permit 5 Unpaved portions of the site used for vehicular movement and/or storage should be covered with slag or other dust controlling surface material and maintained such that dust is not generated 6 CB Tyres Recycling Resources, LLC shall maintain a valid City of Grand Terrace Business License 7 The applicant/operator of the tire recycling business shall comply with all applicable requirements of the California Integrated Waste Management Board at all times The applicant/operator of the tire recycling business shall comply with all other applicable Local, State and Federal regulations regarding the trucking operation and the handling of waste tires 9 The applicantloperator of the tire recycling business shall comply with all requirements of theDirectorofBuildingand Safety/Public Works mhis memorandum dated August25, 2005 and attached hereto 10 The applicantloperator ofthe tire recychrigbusiness shall obtain whatever building, electrical and plumbing permits that are required for the modular office, truck scale and any other improvements made to the property without benefit of permits ti 0 th 0 E L. D a N m c 0 r �8 c 0 U w R w N_ C E v N c 0 d V Q r- 0 a d c.� a m 0 N N N r-. C O E 0 ti 0 Ln E L d a. 0 U) m c 0 C 0 U w N c E LO _to N 4- a C. ti Co N co L a Q 0 0. 0 W U a Packet Pg 21 Packet Pg 107 191 COUNTY FIRE DEPARTMENT OFFICE OF THE FIRE MARSHAL HAZM BOUS MATERIALS DIVISION 620 SOM "r Street - San Bemaifta, CA 92415-0153 (909) 386.84M - Fax 1909) 386 8460 COUNTY OF SAN BERMINO ECONOMIC OEVELOPMEW/ PUBLIC SERVICES GROUP PETER R. HILLS Fire Chief County Fire Warden August 17, 2005 ctnity of Grand Terrace R c omunity and Economic Development Department AUG 19 �� o 22795 Barton Road Grand Terrace, CA 92313-5295 MICHELLE F BOUSTEDT m Planning/C')mmunftyr rn a Servirea Department N ATTENTION: JOHN LAMPE, ASSOCIATE PLANNER c r. c FILE NO. ADMINISTRATIVE CUP (CUP-05-07) o APPLICANT: C.B TYRES RECYCLING RESOURCES 0 LOCATION 21801 #D BARTON ROAD, GRAND TERRACE r > N_ E L w Dear Mr Lampe Q c E The San Bernardmo County Fire Department Hazardous Materials Division has the following v Q conditions for the above -mentioned project v Prior to Occupancy -04 1 Prior to occupancy, operator shall submit a Business Emergency/Contingency Plan for ° "- emergency release or threatened release of hazardous materials and wastes Ora letter of > Q- exemption. Contact Oice of the Fire Marshal, Hazardous Materials Division at (909) 386- 8401 `� N .a Q. C 2 Prior to occupancy, applicant shall be required to apply for one or more of the following a c L Hazardous Materials Handler Permit, a Hazardous Waste Generator Pernut, an Aboveground m CL Q Storage Tank Permit, and/or an Underground Storage Tank Permit For information, Office v c of the Fue Marshal, Hazardous Materials Division at (909) 386-MO1 n. Q. Should you have any further questions, comments, or concerns, please feel free to contact me at N V (909) 386-8401 or knegel@sbcfire otg N a CM E KRISTEN RIEGEL, MPH, REHS s Hazardous Materials Division, Field Services Section r a Q Packet Pg 23 Packet Pg 109 O ACC"TANCE OF cmwmn -OF p�R�VAI. APPROVAL BY THE COMMU11IIW DEVELOPMENT DIRECTOR OF THE CITY OF GRAND TERRACE OF ADMiMSTRATIVE o CONDITIONAL USE PERMIT NO.0&07 TO OPERATE A TIRE o COL'XCTiON AND PROCESSING CENTER WIT11 A MODULAR OFFICE = OFFICE ON THE WESTERLY 2.2 ACRES OF A 5.6 ACRE MUSTRIAL SrM LOCATED AT 218010D BARTON ROAD IN THE CITY OF GRAND TERRACE d i in no imtmx shall the number of thu stored on the ground at the end of the work day fA a N oweed 499 2. The site off1w tiro apaEun shall be kept in a weed and debns fin condition at all time. o w. o ea c 3. Theo shall be no semrage or pig ofJunlwd, damaged or abandoned vdneles, trailers or U > � ci Rrs on the situ of the tine operation at may tint. All veluclea parked or atored on the > pis must have a valid, can he mso and be in operable coiuhtron. N C L 4 Stteat addresses shall be sled an a posted y sign at the enhance to the property The E N c duectory sign shall also mcimde the names of all busm located on the property The Q g � di ectary mgn shall be installed wdhm three moahs ofthe approval of this pernut v a Unpaved portions,ofthe aft umd far vehicular movement and/or storage should be covered with sing or other dust cOntr0111119 mufasm material and maintained such that dust w not T v cZL Lo V- ganaseted. o NN .�. 'C Q. 6 RcqYchqB Resoorcee, LT.0 shallmaintain a valid GityofGtaud Temace Bnsine�s Licenseo ,a a N 7 The applicmrt/operator of the tue ncycft busmew shall comply with all applicable CL a requa of fire C�srirfomia hrtegrated Wade Msnageinent Board at all trines. a 8 The apphcaWgPcretor of the tue recycft business shall comply wfth all other applicable coo t; CL Local, State and Federal regulatrons regarding the tmdft operation and the hwAing of e waste tuea. Nov. N 9 The aPPlica Waparator of the tine recycling business shall comply with all regmrememts of N �.. theDn arofBeto andSafety/PabhcWodmb smeamoramdamdatedAugust25,2005 E and 1 ea 10. Tbeappheant/operatorofthetnenecychmgbummoshallobtamwhdeverbmWni ,electrical � w a and plumbing permits that are rcgmrcd for the modular office, track sale and any other inaprovemeats made to the property wilhout benefit of permits PacketPg 25 Packet Pg v 111 ���I[�rrri■r■Irn���:�■ MEMO ■■■■ MEMMMENNNE ■■■ MENE N ■■on■■■mum ■■m■&iun%■ ■■■■m,SOMME mummammoso 6;r&6iw■m■r■ aadiingummomm }Zu■ ■■ ©■ ,oi4,�I■■I ■ONNI M211■I ■� 1'.ji IAZLM■■■W■©■■■■■ r�i��i�i■■�d■l��i �i3%ti �i�iii'ii�l■■■���L1■��■ I ■ �i E7c C Site plan, ten copies The site plan shall be drawn at an appropriate scale and shall be a fully dimensioned drawing clearly showing 1 All buildings, property lines and easements 2 All parking spaces, driveways and drive aisles 3 All landscaped areas, existing and proposed 4 All walls and fences 5 Site address and assessor's parcel number L6 c 6 North arrow, graphic and numeric scales o = E � = D Floor plans, ten copies The floor plans shall be scaled, dimensioned drawings of each floor of each a E structure showing all existing and proposed interior improvements m E Application fee as required by the city's fee ordinance (Title 4 Comprehensive Fee Schedules, Fines and Taxes) ° o F The community and economic development director may require additional information or delete .a o certain requirements from an application depending on the specific situation U c 0 (Ord 192 § 1(part), 2000) y c E N 18 84 050 - Criteria for administrative conditional use permit a C', v Q Any use in this title requiring a conditional use permit may be approved by the community and v economic development director as an administrative conditional use permit if it complies with the following r, Ln criteria o N v O. A The proposed use will be located in an existing building, old and new B The proposed use shall not exceed two thousand square feet in size a o N co C All applicable zoning regulations and standards will be met including off-street parking and signage 0CL c. D All potential adverse impacts will be fully mitigated following review by the appropriate agencies v such as fire, health, air quality and sheriff to insure that this requirement will be met a c C E The proposed use must qualify for a "categorical exemption" under the California Environmental m N U Quality Act or otherwise be cleared by the responsible environmental agency, 1 e , County of San N a Bernardino Health and/or Hazardous Division c a) c °' E (Ord 192 § 1(part), 2000) E -� w a a 18 84 060 - Conditions of approval In granting an administrative conditional use permit the community and economic development director shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or such modifications thereof as may be PacketPg 29 Packet Pg 115 Following the submittal of an application for an administrative conditional use permit and once an application is deemed complete, it shall be approved, denied or modified by the community and economic development director The Director shall approve the application only if he/she finds A The proposed use 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 c 2 Injurious to property or improvements in the neighborhood or within the city `o �_ c B The proposed use will be consistent with the aty's general plan E �, = E C The proposed use meets the criteria for an administrative use as listed in Section 18 84 50 of this a y L a a. chapter � d D Conditions necessary to secure the purposes of this chapter are made a part of the administrative c ° r _ c conditional use permit o O = L) = (Ord 192 § 1(part), 2000) > U w 18 84 100 - Appeal process N E +' N Any item which could not be satisfactorily reviewed at the director's level may be subject to referral and 10 Q c review by the planning commission at the discretion of the community and economic development director r Q In addition, the community and economic development director's decisions shall be final unless appealed to m the planning commission within ten calendar days of the date of the letter informing the applicant of the o N director's decision Appeals shall be filed with the community and economic development department and > Q. shall follow similar rules as the appeals to the city council under Section 18 83 060 of this title c (Ord 192 § 1(part), 2000) � N C° O CL a 18 84110 - Revocation o: U c a cfl c. d Any administrative use permit granted in accordance with this title may be revoked if any of the N U following actions occur N I' N i+ C A Any violation of an administrative conditional use permit's required condition of approval r � E B Any federal, state or local law or ordinance is violated in connection with an administratively conditionally permitted use < Q The planning commission shall hold a public hearing to consider the proposed revocation Said hearing shall be noticed in accordance with Section 6SO91 of the California Government Code After conducting the public hearing the planning commission shall make a recommendation to the city council regarding the revocation of the administrative conditionally permitted use After receiving the Packet Pg 31 Packet Pg 117 Chapter 18 83 - CONDITIONAL USE PERMITS Sections 18 83 010 - Purpose The purpose of this chapter is to establish the planning commission's authority to issue and revoke o r; conditional use permits in order to ensure the community's health, safety and welfare by reviewing uses o ,U) which may create objectionable or undesirable effects upon nearby uses, but may still be compatible with It E o t- the property's zoning o . E d N a N (Ord 126 § 2, Exh A(part), 1990) c O .`+ _ R c 18 83 020 -Application o w U = Conditional use permits may be issued by the planning commission for any of the uses or purposes for > C0 which such permits are required by the terms of this title Such conditional use permits shall be revocable, y > may be subject to conditions of approval and may be valid only for a specific period of time, in case the E N planning commission desires to set an expiration date a E (Ord 139(part), 1992 Ord 126 § 2, Exh A(part), 1990) Q N Lo co 18 83 030 - Submittal process c Applications for a conditional use permit shall be submitted to the planning department The planning _ MCL 4 �«- O director shall review each application and determine its completeness Upon determination that an 4- N application is complete, the application shall be scheduled for a public hearing consideration by the CL t t° planning commission An application for a conditional use permit shall consist of the following C Q A Completed application form, a c B Site plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes The m N V site plan shall be a fully dimensioned drawing clearly showing N N a a+ 1 All buildings, property lines and easements, c 2 All parking spaces, driveways and drive aisles, �v r 3 All landscaped areas, Q Q 4 All walls and fences, 5 Location of all signs, 6 Public improvements to the street centerline, 7 Site address and assessor's parcel number 8 Property owner name and address, Packet Pg 33 Packet Pg 119 Revisions or Modifications Requested by Applicant A revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours or operation may be requested by an applicant The requested revision or modification shall be processed in the same manner as the original conditional use permit 2 Review by Planning Commission The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious c to properties in the vicinity If, after review, the commission deems that there is sufficient evidence o ,ten to warrant a full examination, then a public hearing date shall be set At such public hearing, the w E o — planning commission may modify or revoke the permit pursuant to Section 18 83 080 a� L E `m IL (Ord 139 (part), 1992) N c o — c� 18 83 040 - Public hearing c o U � The planning commission shall hold a public hearing on any proposed conditional use permit and shall > c) notice said hearing in accordance with Section 65091 of the California Government Code w > c r�L+ (Ord 126 § 2, Exh A(part), 1990) E c Q � 18 83 050 -Approval process 04 Q un m The planning commission, after holding a public hearing and considering the proposed use, shall make r= N its determination The planning commission shall approve the application only if it finds c 2 w a A The proposed use will not be > Q- c 1 Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or `F CL N m working within the neighborhood of the proposed amendment or within the city, 0 CL Q. 2 Injurious to property or improvements in the neighborhood or within the city, d Q o B The proposed use will be consistent with the latest adopted general plan v IL CL C Conditions necessary to secure the purposes of this chapter are made a part of the conditional use N a N permit N (Ord 126 § 2, Exh A(part), 1990) E s U � 18 83 060 -Appeal process Q Q The decision of the planning commission shall be final unless appealed to the city council within ten calendar days Such an appeal may be made by the applicant, any member of the city council or any other interested person A An appeal of a planning commission decision shall be made in the following manner Packet Pg 35 Packet Pg 121 B Any federal, state or local law or ordinance is violated in connection with a conditionally permitted use The planning commission shall hold a public hearing to consider the proposed revocation Said hearing shall be noticed in accordance with Section 65091 of the California Government Code After conducting the public hearing the planning commission shall make a recommendation to the city council regarding revocation of the conditionally permitted use After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final o ti determination to revoke, amend or leave unchanged the subject conditional use permit o ,Lg w E o = (Ord 126 § 2, Exh A(part), 1990) a E a> w ° L 18 83 090 - Expiration and extensions M The planning commission may allow a use to operate in a location for the duration of the continued use c_ o o 2 or may allow it with a specified expiration date The following regulations are for both types of conditional c L) = = use permits > V •. U. m A Permanent Conditional Use Permit The planning commission allows a particular use to be on a L particular location subject to conditions of approval No expiration time is set E c 1 Compliance Period The approval of a permanent conditional use permit application shall a E automatically expire one year from the date of its approval unless N r Q a All conditions of approval are met, or N Ln b Sufficient investment has been completed and building permits are issued, or oCL N „- c Business license is issued in accordance with the Grand Terrace Municipal Code N -C In case the applicant is not able to comply with subsections a, b or c, then the applicant shall o: � N apply for an extension of the one-year compliance period prior to the end of'that year period The CL t CO planning director may, upon application by the applicant, extend the compliance period for a o C Q specific length of time up to one year Two extensions are the maximum allowed w c B Conditional Use Permits With Expiration Date The planning commission sets an expiration date for IL N a the proposed use In this case, no extensions are permitted If the applicant desires to continue N V a operation of the project after expiration, the applicant shall be required to file a new application for N a+ aci a conditional use permit E (Ord 139(part) 1992 Ord 126 § 2, Exh A(part) 1990) a Q PacketPg 37 Packet Pg 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Alb I Attachment BEFORE THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY II IN THE MATTER OF CB Tyres Recycling Resources, LLC, PROPERTY OWNER AND OPERATOR, TPID NO 1000418-01 ASSESSOR PARCEL NO 1167-121-03-P001 Cleanup and Abatement Order No 2016-011058-CAO Public Resources Code section 42845 TO CB Tyres Recycling Resources, LLC, Property Owner/Operator, PLEASE TAKE NOTICE THAT. You are the Operator of a waste tire facility known as CB Tyres Recycling Resources, LLC and/or Property Owner of property located at 21801 Barton Road Suite D, Grand Terrace, CA 92313-4402, Assessor Parcel Number (1167-121-03-P001) (this site), upon which CB Tyres Recycling Resources, LLC is located, as those terms are defined in Public Resources Code sections 42804, 42805 and 42808 The Property Profile for this site is attached hereto and incorporated herein by reference as Appendix A-1 The Public Resources Code (PRC) and California Code of Regulations (CCR) references are attached hereto and incorporated herein by reference as Appendix B The Department of Resources Recycling and Recovery (CalRecycle) is authorized to act as the enforcement agency for waste tire facilities, pursuant to PRC section 42800 et seq , and is the enforcement agency for this waste tire site This site meets the definition of a major waste tire facility as that term is defined by PRC section 42808(b) A major waste tire facility is "a waste tyre facility where, at any time, 5,000 or more waste tires are or will be stored, stockpiled, accumulated, or discarded " This site is legally allowed to store up to 499 waste tires without first obtaining a waste tire facility permit from CalRecycle, or up to 4,999 waste tires if the site qualifies as a waste tyre California Department of Resources Recycling and Recovery v CB Tyres Recycling Resources, LLC, CLEANUP AND ABATEMENT ORDER -1- ti 0 0 w E a m y � N �o q c ,n 0 c c E 0 a`) v o. > m r:r y M L N c c O E a 0 C-4 U d '- a r o c fA E > Q a LO CD0 N v iV M- .a 'a o r ti c EN N a a CL 3 Q c t: O O M CL a> U � � U v d � c E s Packet Pg 38 c d E M a Packet Pg 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Alb o Title 14 CCR section 18423, which requires every Operator of a major or minor waste tire facility to submit a completed waste tire facility permit application o Title 14 CCR section 18420 1, for storing waste tires outside of closed, locked containers while not actively unloading, sormg, or loading, and for storing more than 4,999 waste tires total onsite (inside and outside of containers) CalRecycle is authorized to order waste tire facility Operators who are in violation of the aforementioned laws to clean up waste tire piles, abate the effects thereof, or otherwise remedy a case of threatened pollution or nuisance, pursuant to PRC section 42845(a) Where there is no identified "Operator", the Operator shall mean the "Owner", pursuant to Title 14 of the CCR, section 17225 755 CalRecycle is authorized to seek administrative penalties of not less than five hundred dollars ($500) and up to ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues, against any person who violates any provision of this Chapter, or any permit, rule, regulation, standard or requirement issued or adopted pursuant to this Chapter as provided in PRC sections 42850 and 42850 1 THEREFORE, PURSUANT TO PRC SECTION 42845, YOU ARE ORDERED TO. Reduce and maintain the number of waste and used tires on this site to zero, in accordance with the following 1 Remove all waste and used tires from this site within 30 days from the date of service of this Cleanup and Abatement Order (hereafter, "CAO" or "Order"), in accordance with the following a CalRecycle must approve the destination of all waste and used tires removed from this site to ensure that a registered waste tire hauler legally transports them to an approved facility All waste and used tires removed from this site shall be transported to this approved destination b All waste tires (whole and/or passenger tire equivalents, pursuant to Title 14 of the CCR, section 17225 770) and used tires shall be removed by a California Department of Resources Recycling and Recovery v CB Tyres Recycling Resources LLC CLEANUP AND ABATEMENT ORDER -3- Packet Pg 40 ti 0 LO 0 w E L 4) a d N q c ,n 2 c w 0 d L) 0. m > inM L _ y � c 0 0 E a = 0 0 m N > rL r N 2 C N E > a 4) a Cc Ln CD W N v d r- 'a � 0 Eo N a CL C a a 0 M C 2 a d U W 07 U >, a � c d 70 E a " L ;a ~ Q E s Packet Pg 127 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Alb Imposed in a civil action or may be Imposed administratively, pursuant to PRC section 42850 et seq to 0 If you do not complete or comply with the above actions ordered by this CAO by the E L specified dates, CalRecycle may revoke, suspend, or deny a waste tire facility permit for a 0 M period of up to three years, pursuant to the requirements set forth in PRC section 42843 fA If a decision is made in favor of CalRecycle in an administrative or civil hearing in accordance with PRC section 42850 et seq , CalRecycle or Its contractors may subsequently ro- enter your property for the purposes of abatement or rernediation without your consent, > pursuant to PRC section 42846 5 L y You have ten (10) days from the date of service of this order to file a petition with E E CalRecycle raising any substantial Issues that are appropriate for review CalRecycle will a N review the petition and respond within thirty (30) days from the date of receipt by CalRecycle v Regardless of whether you file a petition, you must comply with this Order, as required by PRCI r- section 42845 If you fail to remove the tires as required by this Order by the required date, CalRecycle W CD is authorized to expend available funds to perform any necessary cleanup, abatement or N L remedial work, as set forth in PRC section 42845 et seq o r If CalRecycle expends funds to perform any cleanup, abatement or remedial work, E CalRecycle may seek cost reimbursement from you and any other responsible party acting as the Operator or Property Owner, pursuant to PRC section 42847 3 Moreover, funds so expended by CalRecycle constitute a lien upon the real property owned by any responsible party that is subject to the remedial action, pursuant to PRC section 428475 Nothing in this CAO shall constitute or be construed as a satisfaction or release from cc 0 N liability for any conditions or claims ansing as a result of yours or any other responsible parry's I F past, current or future operations acting as the Operator and/or Property Owner Notwithstanding compliance with the terms of this CAO, you may be required to take further E actions as are necessary to protect the public health, safety, or the environment Q California Department of Resources Recycling and Recovery v CB Tyres Recycling Resources, LLC CLEANUP AND ABATEMENT ORDER -5- Packet Pg 42 C Packet Pg 129 M 03 C) �- 1"r M D a rn w Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) - '' Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) c "C M z 'n Z X M X 0 M r ry w o" 0 � W a n 0 0 M M V �C Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) D rr m 4 W N � O W O N Q1 V a 0 O � N O N O N O 7 W Sy (CD O N 7 r-r `G N rt 3 r M � V w Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) D M y 0 it 0 13 0 0 7 m m cn 3 cu a 1< Mn 3 r-� 10 W C ? 9 9 (A C) M U 51 3 O 0 C1 k Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) San Bernardino County Assessor k jE Owner Name TYRERS RECYCLING RESOURCES LLC R/I DOING BUSINESS AS % Int 0 0000000 Type INFORMATIONAL OWNER Acquisition Date 12/31/2006 Document Date 12/31/2006 Inactive Date 12/30/2007 Owner Namet CS TYRERS R/I DOING BUSINESS AS % Int 0 0000000 Type INFORMATIONAL OWNER Acquisition Date 12/31/2006 Document Date 12/31/2006 Inactive Date 12/30/2006 Owner Name UNKNOWN OWNER R11 UNKNOWN % Int 100 0000000 Type BILLED OWNER Acquisition Date 12/31/2006 Document Date 12/31/2006 Inactive Date 12/30/2006 Owner Name ABLE CHARTER BUS CO INC R/I CORPORATION % Int 0 0000000 Type BILLED OWNER Acquisition Date 03/01/1993 Document Date 03/01/1993 Inactive Date 12/30/2006 W 1 W2016 10 44 45 AM Property Information Management System Document Numbers Document Numbers Document Numbers Document Numbers 9300000000000 am Packet Pg 50 Packet Pg 139 I�,q" Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) 1 Comments CB Tyres Recycling Resources, LLC (Collection Site) (TPID 1000418) **Tire piles can be observed at CB Tyres' property from the tram tracks overpass heading o east on Barton Rd ** o CalRecycle inspectors Harley Thompson and I (Billy Yos) met with Tony Teteda, Vice w President, in the office located on the premises We both identified ourselves to Mr Teteda with our inspector badge and provided him with our business cards and explained the reason U) for our visit that day Mr Teteda granted us with the consent to conduct a waste tire program inspection at this business I requested to review three years' worth of Comprehensive Trip o Log (CTL) receipts as a generator and CTL forms as a hauler for this business All of the manifest receipts and forms were neatly in order by date After reviewing the receipts and forms, I observed no errors at the time of this inspection and all CTLs observed were in CalRecycie's Waste Tire Management System (WTMS) database in addition, all three years' w worth of CTLs were retained at the place of business as required by Title 14, California Code N of Regulations (CCR) §18459 3 - Retention of Manifest Forms and Tire Trip Logs for 3 years E The Tire Program Identification (TPID) certificate was posted in the office in a conspicuous E a place at the business as required by Title 14 CCR § 18459 1 (a)(b)(c) - Tire Program ID N Number from CalRecycle N Registered waste tire hauling vehicles that were on the premises during the time of inspection all had the appropriate decal and registration certificates in the vehicles as required by Public Resources Code (PRC) § 42956 - Registration/Decal in Vehicle Please fill out the Waste Tire Facility Permit Exclusion Notification form completely and mail it back to the address listed on the back of the exclusion form or scan and email it back to billy yos@cairecycle ca gov Here is the link to the form This inspection report will be emailed to Mr Teteda at cbtyres;@yahoo coin For further information regarding CALIFORNIA WASTE TIRE LAWS & REGULATIONS, please follow these links Tire Storage & Disposal Standards http //www calrecycle ca gov/tires/enforcement/StatutesRegs/Disposal pdf Transportation of Waste & Used Tires http //www cairecycle ca gov/tires/enforcement/StatutesRegs/Transaort pdf Search for registered waste tire hashers in your area http //www.calrecycle ca.gov/Tires/Data/Organization/Search aspx If you have any questions regarding this inspection report, please contact me at (916) 341 - 6279 or at billyyous cairecycle ca gov zo al Ln a ti 0 N L Q. Q 0 a a) U a r c d E 0 a Packet Pg 54 Packet Pg 143 Comments asked Mr Teleda why there were waste tires piled on the ground of his property He stated that Mitsubishi Cement Corp (TPID. 1105855), their main disposal location, temporarily closed down their operation since February 2016 and accepted only a limited amount of loads of waste tires each day Because of this, waste tires were backed up I told Mr Tejeda that as a collection site, no tires should be on the ground unless the tires are temporarily placed on the ground during unloading, sorting, and loading otherwise, all tires are required to be placed in enclosed containers In addition, I told Mr Tejeda about CalRecycle's proposed regulations and revisions to collection locations that would require collection locations to meet new and existing requirements in order to be considered as a collection location (please see the link to CalRecycle's Rulemaking webpage at the bottom of this report for further information and be sure to subscribe to the Waste Tire Rulemaking Listsery located in the webpage for updates to the proposed regulations) Inspectors Thompson and I measured the loose tire pile located at the south end of the property The measurement of the pile (in feet) was 150' L x 80' W x 10' H which calculated to be 53,333 tires less 50% for estimation due to the gradient of the pile (53,333 tires x 50 = 26,667 waste tires total) See attached — Comments form for full calculation As a waste tire collection location, CB Tyres Recycling Resources, LLC (Collection Site) (TPID 1000418) is in violation of Title 14 CCR § 184201 - Waste Tire Collection Location Requirements **CalRecycle will grant CB Tyres Recycling Resources, LLC a compliance date of May 13, 2016 to remove all waste tires from the ground and store there in enclosed containers and/or dispose of the tires properly In addition, no more than 4,999 waste tires are allowed to be stored in trailers/containers on site CalRecycle's Rulemaking webpage hitp //www calrecycle ca goy/Laws/Rulemaking/Collection/ Subscribe to the Waste Tire Rulemaking Listsery http //www calrecycle,ca gov/Listservs/Subscnbe.aspx?ListlD=97 ao N v N 2 LO to N 4- a c. ti 0 N L Q. Qy L 0 Q Nil i.f. U a c m E s 0 r El c m E .c u m Q Packet Pg 56 Packet Pg 145 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 April 20, 2016 Inspection Photo Log Photo 2 of 11 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on April 20, 2016 Description Photo shows the north side of the tare pile facing south This tire pile had approximately 26,667 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Inspection Reference No IW-1038033 Packet Pg 58 Packet Pg 147 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 April 20, 2016 Inspection Photo Log N N Photo 4 of 11 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on April 20, 2016 Description Photo shows the south side of the tire pile facing north This tire pile had approximately 26,667 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property c� n O to O E L d IL a>' UJ C �O C O U d > a+ L flJ C E M al Inspection Reference No IW-1038033 Packet Pg 60 Packet Pg 149 1 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 April 20, 2016 Inspection Photo Log Photo 6 of 11 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on April 20, 2016 Description Photo shows the south side of the tire pile facing north This tire pile had approximately 26,667 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Inspection Reference No IW-1038033 ti 0 in 0 r E L a d U) !9 C O a+ V C O V ai 16 L N E E V 2 N N El PacketPg 62 PacketmPg 151 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 April 20, 2016 Inspection Photo Log Photo 8 of 11 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on April 20, 2016 Description Photo shows the south west side of the tire pile facing north east This tire pile had approximately 26,667 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property r; 0 in 0 t! E m IL d ti o 0 0 r o U d a > d tll N tB E O O Q C O N U � d N c N O E T E � Q Inspection Reference No IW-1038033 Packet Pg 64 Packet Pg 153 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 April 20, 2016 Inspection Photo Log Photo 10 of 11 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on April 20, 2016 Description Photo shows the west side of the tire pile facing east This tire pile had approximately 26,667 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property 620 Inspection Reference No IW-1038033 PacketPg 66 Packet Pg 155 E7c � A1b Waste Tire Survey Inspection Report Comments Form calfta"h7f* W=ts AaFacermul B=xd _ _ BLUE OR BLACK _ INK PEP! AD ktA-;cbwr Nwnber on the associated Survay form i� 11 E �.-..-.v..-- _-�-• _._.....' ._.-.u. ,i ,.. ,. � - oLn CD °7 a ' 0 a > ! - w0 � o ! U m ! C4 > .r i c N o c d co uo ' o � i N v L d � T CL i ! i i Y'A,MllP L ll�o- 21?l Ala a CCPr ciwv_ Yt -.0 cacr c„w-a�r Pm CO3V &A O O E N O R a Q 3 a M a� C � U � c� U � a s 00 L Y m !c �M v 42408 Packet Pg 68 Packet Pg 1577 4 Cal Dnccle Survey & Inspection Report - Inspection Form (Page 2) y CB Tyres Recycling Resources, LLC. (Collection Site) (TPID 1000418) State of Califomia CalRecycle 182 �artG-Facility information SWIS Number Inspection Number IW 1039563 Photos Taken Yes Omer information' Name CB Tyres Recycling Resources LLC Phone Number 9093703700 - Mailing Address 21801 Barton Rd Ste D GrandTerrace, CA 92313 Facility Type Permitted Status Unpermitted Exempt/Excluded Business Type SPart 6- Inspection ofWl ste Tire -Ka cility V PRC § 18420.2 Waste Tire Collection Lot anon R uirements i ti 0 ui 0 r+ E a� a d N ti o c ' 0 0 't r+ O 0 � d a > d N C O E Q c 0 N C) � 41 N > r r Ln O r- IN E a a m � CO o � N N d � .8 .a O C � Eo N to _ a `L a Q 0 r- r- o M Q. d m c) � d v � a r+ C E V Q Packet Pg 70 LJ Packet Pg 159 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418. May 23, 2016 Inspection t Photo Log Photo 1 of 12 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 L Description Photo shows the business sign posted at the entrance of the business Note This photo was taken at the north perimeter of the property 0 W Inspection Reference No, IW-1039563 Alb ti 0 LO CO E I- d a m fA �p o O p O U m EL > d C_ O E Q = O N U � m N � w = N O = N E d � to LO NT- N d � T. a O Q- c Eo N a a Q 3 � = O �a a U m U a � c m E U s aNi v � Q a� E s 0 a Packet Pg 72 Packet Pg° 161 CB Tyres Recycbng Resources, LLC (Collection Site) TPID No 1000418 May 23, 2016 Inspection Photo Log EO N N Photo 3 of 12 CB Tyres Recycling Resources, LLC (Collection Sete) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 Description Photo shows the north east side of tire pile A facing south west This tire pile had approximately 18,666 PTE after a 50% reduction in the,number of waste tires calculated Note This photo was taken at the south perimeter of the property Inspection Reference No IW-1039563 Packet Pg 74 Packet Pg 163 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 May 23, 2016 inspection Photo Log Photo 5 of 12 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 Description Photo shows the south side of tire pile.A facing north This tire pile had approximately 18,666 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Please note that tires must be removed from rims immediately upon arrival at the waste tire facility or solid waste facility Tires temporarily attached to rims awaiting removal shall be stored separate from other waste tires pursuant to Title 14 California Code of Regulations (,CCR)17354 (1) w a Inspection Reference No IW-1039563 Packet Pg 76 Packet Pg 165 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 May 23, 2016 Inspection Photo Log Photo 7 of 12 CB Tyres Recycling Resources, LL'C (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 Description Photo shows the north side of tire pile B facing south This tire pile had approximately 1,555 PTE after a 50% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property. zo Inspection Reference No IW-1039563 Packet Pg 78 Packet Pg 167 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 May 23, 2016 Inspection Photo Log Photo 9 of 12 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 Description Photo shows 28 feet trailer full of interlaced passenger tires There were approximately 600 PTE in the trailer Note This photo was taken at the north east perimeter of the property P 0 LO 0 E a� a d fA o _ Ln O p w � O V d a > d y N � = O E = Q C O N U � y N � r+ �= r = N O = U1 E d to LO r (p o r N N O Q- c r d o E N M Q Q. a Q t= = o M a d d v W 01 U a � c d E v s aNi v � Q d E s �o Q Inspection Reference No IW-1039563 Packet Pg 80 Packet Pg 169 CB Tyres Recycling Resources, LLC (Collection Site) TP I D No 1000418 May 23, 2016 Inspection Photo Log Photo 11 of 12 CB Tyres Recycling Resources, LLC (Collection Site) TPID No 1000418 Photo taken by Billy Yos of CalRecycle on May 23, 2016 Description Photo shows 53 feet trailer stacked full with truck tires There were approximately 1,500 PTE in the trailer Note This photo was taken at the north east perimeter of the property Inspection Reference No IW-1039563 Packet Pg-82 Packet Pg 171 E7c Alb ,_qml 0 "w-"-"m4, Comments Form Masts Tire Survey & Inspection Report SURVEY RWWRED C&FH*M" ""°W Mww,*n itBoard BLUE OR SLACK INK PEN &.drwss Profile 1"Sp l" oa esEd ti t ^� �y o to CD Number .r E i'iOt75i1 orris x t f G1 a �o �? ��' � � ::81 000p43 III )J x 9� �. x; � 3?83*33 +P� . x ® 5b f , �d w ry., 24 � r-r d ��$ o L /y�3 G► : I J)°X JS-` 8 = S a CS-ss- U a L a Gtayy i N ��ww•lRt L i x� Cud�QGv. 7sX ci as Ism M.S +2.3 OTr,,f+/-DD j.I' -+Mr. i a- 1 W...6fe `ems ass -a OTKS (z3) X J�A�P '�E i~ 134 Lo CL ti 0 N L Q Qy L 0 a m U d c 0 E t 0 ca Q E z � .,o PacketPg 84 — Packet Pg 173 Comments CB Tyres Recycling Resources, LLC (TPID 1000418) ti *Tire piles can be observed at CB Tyres property from the train tracks overpass heading east on Barton Rd tor, 0 *This was a CalRecycle Referral inspection to a Notice of Violation (NOV) issued to CB Tyres Recycling E Resources, LLC (TPID 1000418) on May 23, 2016 for violating Title 14, California Code of Regulations (14 CCR) a section 18420 1 As a result of the referral, CalRecycle issued CB Tyres a Final Clean -Up Letter on July 18, 2016 N notifying the business that their site no longer met the requirements of a collection location as defined by 14 CCR section 18420 1 and is currently unpermitted and legally allowed to only store up to 4,999 waste tires (see Attachment A) The letter also stated that if the aforementioned waste tire violations were not corrected by 2 r. July 29, 2016, CalRecycle may issue a Cleanup and Abatement Order (CAO) to the Operator and Property Owner, Anthony Tejeda which will require CB Tyres Recycling Resources, LLC to reduce the waste and used tire count down to zero and maintain it at zero for a specified period of time r�+ See Inspection Form (Page 2) for further details y c E ¢ N N GN Ln N w M Q. ti T_ O N L Q 0 Q Nil I.L U IL c d E s �o a Packet Pg 86 Packet Pg 175 E7c Alb Waste Fire Starved & Inspection ReportSURVEY Q]W� � S4dJi Ft jai CotEicrnla v`F CMD183 (*SnGvn Comments Form - earaforahk=gm^-dWzWManmgenomBoard BLUE OR BLACK INK PEN Buwnew Prof to 9nsp �ctlon Dotans SuffixRe art 9 Number on Rlumber on the vs�ccrated SUMOY form (P?gll f comrnofft CPO 71ALt5-°w x Urn 92 'zqOW= MAX 12 Lwsw- rots :Y*fee x&80= wcS 2.7 00 3q °It�c yz'w x it g v Ines Pf� : 2- �d3 � it ism �� ��y fiiw x �• � = �,� �a � Z7 W/I1? g r I* q +'V so 31zv; few 2-7 �jr13 a yea Li S39"W1 9 F%All "' T(g j j bV Aj V—f t - ejq S3$-rlr;1, e 37:5" X 3 60 cr ?.s - %%5- fm's T64A Waste TFO-s s9 - = 16, 267 I,VI, Ll (.Opp f-1w%a ye) cte ( ads- one-ratcz '3uir Cop., iER oiRsw its- LO N 4- lz ti 0 N CL a 0 ,z U a c 0 E t R r a ElffPacket Pg 88 Packet Pg 177 CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log Photo 2 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on August 11, 2016 Description Photo shows the east side of tire pile D (front center) facing west This tire pile had approximately 248 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Tire pile A and B are in the background ti 0 to CO w E L d a 0) M D ti O C Ln O p C >= O L V a > m w y L c � 0 E C 0 N U el' d N > T r C N O E N_ E � Q w c 0 E t c� Q Inspection Reference No IW-1042939 Packet Pg 190 Packet Pg 17 ] CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log Photo 4 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on August 11, 2016 Descnption Photo shows the west side of tire pile C (left), tire pile A (center), and tare pile B (right) facing east Tire piles A, B, and C had a total of approximately 13,209 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Inspection Reference No IW-1042939 El 0 LO O E L G1 a m N C O C 0 U L .M N_ C E 'a El PacketPg 92 Packet Pg .181 CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log Photo 6 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of Cal Recycle on August 11, 2016 Description Photo shows the southeast side of tire pile D facing northwest This tare pile had approximately 248 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property In the background of this photo shows a CB Tyres employee unloading tires from a CB Tyres truck r; 0 CO E L 4) a O fA ti �p O C LO O p C O L V d a > d a+ N R M L H _E E a C 0 N V �' G1 N > � r r C N O C to E > N Q c Q E s cc R a Inspection Reference No IW-1042939 Packet Pg 94 Packet' Pg 183 CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log Photo 8 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on August 11, 2016 Description Photo shows the northwest side of OTR tires facing southeast There were approximately 185 OTR tires individually counted Note This photo was taken at the south perimeter of the property 0 ti 0 0 w E L W a d y jp O C LO O 5 c E O L U d a > d a a � C 0 E Q c 0 N U d' d N > � L C N O C T E > -C W Q LO m N 4- "a a n 0 N m a Q 0 a d U a C d E r Q Inspection Reference No IW-1042939 PacketPg 96 Packet<Pg 185 CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log i Photo 10 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on August 11, 2016 Description Photo shows 53 feet trader with license plate number Oklahoma-613 6FJ This 53 feet trader was a quarter full with approximately 375 tires stored in the trader Note This photo was taken at the north penmeter of the property P 0 to 0 E L d a a� N M R C O r+ C O C.) a� w �o L N C E 'a N N C a) E s 0 ca Q El Inspection Reference No IW-1042939 Packet Pg 98 Packet Pg 187 CB Tyres Recycling Resources, LLC TPID No 1000418 August 11, 2016 Inspection Photo Log Photo 12 of 12 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on August 11, 2016 Description Photo shows 53 feet trader with license plate number California-4GN2596 This 53 feet trader was a quarter full with approximately 375 tires stored in the trader Note This photo was taken at the north perimeter of the property Inspection Reference No IW-1042939 �'E7c Alb ti 0 Ln 0 r E L m a a� N f� C O w C O V as l0 L N _C E V EN N d' N f O W O .r. E L d a d N C O r C O V N > R N_ C E M iN PacketPg 100 Packet Pg 189 ,/) Ernaonmental Protection!Ency Edmund G Brown Jr Governor - DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY 10011 STREE7 SACFM%MffO CAUFORNLA 95814 - ww'N CALRECVCLe ckaov • (916) M 4027 P O Box4025 SAcmmEuTo CauFoRwA95812 July 18, 2016 Certified Number 7014 3490 0001 7726 6751 Anthony Tejeda, Agent for Service of Process CB Tyres Recycling Resources, LLC 21801 Barton Road, Suite D Grand Terrace, CA 92313 Subject. VIOLATION OF CALIFORNIA WASTE TIRE LAWS— CB TYRES RECYCLING RESOURCES, LLC, TPID NO 1000418 Dear Mr Tejeda, The Department of Resources Recycling and Recovery (CalRecycle) has determined that you are the Operator of CB Tyres Recycling Resources, LLC and Property Owner of the parcel(s) located at 21801 Barton Road, Suite D, Grand Terrace, CA 92313, (Assessor Parcel Number 1167-121-03-P001) upon which CB Tyres Recycling Resources, LLC is located CB Tyres Recycling Resources, LLC is currently in violation of California waste tyre laws and regulations By virtue of the amount of waste tires currently being stored and that waste taxes are berms stored outside of enclosed containers and on the ground when not being actavely unloaded, sorted, and loaded, this site no longer meets the requirements of a collection location as defined by Title 14, California Code of Regulations (14 CCR) section 18420 1 This site currently meets the definition of a major waste tire facility as that term is defined by PRC section 42808 A major waste tare facility is "a waste tire facility where, at any time, 5,000 or more waste tires are or will be stored, stockpiled, accumulated, or discarded " This site has never been issued a major waste tire facility permit and is currently unpermitted and legally allowed to store up to 499 waste tires in accordance with California waste tare laws On Apn120, 2016, CalRecycle inspected this site, as documented in Inspection Report IW- 1038033 (Attachment A), and determmed that approximately 26,667 waste tires were being stored on site and that waste tires were being stored outside of enclosed containers and on the ground when not being actively unloaded, sorted, and loaded CalRecycle issued a Notice of Violation to you as the operator to correct these violations of 14 CCR 18420 1 not later than May 13, 2016 On May 23, 2016, CalRecycle re -inspected this site, as documented in Inspection Report IW- 1039563 (Attachment B), and determined that approximately 31,089 waste tires were being stored on site and that waste tires were still being stored outside of enclosed containers and on the ground when not being actively unloaded, sorted, and loaded in violation of 14 CCR 19420 1 Under California law, CalRecycle is authorized to act as the enforcement agency for waste tire facilities, pursuant to Public Resources Code (PRC) section 42800 et seq , and is the enforcement agency for this waste tyre site CalRecycle is authorized to order waste tire facility operators and property owners who are dM)NALranr2r,avim PAD(:V PcHu)flwFrreeCAP a 2 ti O Ln J1 E `m n. ai U) 0 r i 0 U m L T E El LO 0. 0 N L iz a 1= 0 a d U a c d E .c V a Packet Pg 102 Packet Pg 191 -0 -0 n a M Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) - W Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) CALIFORNIA PUBLIC RESOURCES CODE, DIVISION 30, PART 3, CHAPTER 16, ARTICLE 4 1ibnor Waste Tire Facility Permits Section 42834 Direction or transportation to, or acceptance of, waste tires at unpermitted minor facile i On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire facility unless the operator has obtained a minor waste tire facility permit CALIFORNIA PUBLIC RESOURCES CODE, DIVISION 30, PART 3, CHAPTER 16, ARTICLE 5 Renewal, Suspension, or Revocation Section 42843 Revocation, suspension. or decrial of waste tire facility permits, grounds, duration, notice and hearing, decision (a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal service or certified mail, in accordance with Section 42852, if the applicant for, or holder of, the permit, does any of the following (1) The applicant misrepresents or fails to disclose material factual information in its application (2) The operator of the waste tire facility, at any time during the previous three years, fails to comply with an order regarding compliance subsequent to receiving a notice of violation, for any of the following (A) A violation of this chapter or the regulations adopted pursuant to this chapter (B) A violation of Chapter 19 (commencing with Section 42950) or the regulations adopted pursuant to that chapter (C) The terms or conditions of the operator's waste tire facility permit (b) If the department determines that a violation specified in paragraph (2) of subdivision (a) demonstrates a chronic, recurring pattern of noncompliance that poses, or may pose, a significant risk to public health and safety or the environment, or if the violation has not been corrected or reasonable progress toward correction has not been achieved, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of not more than five years (c) If the department determines that a violation specified in paragraph (2) of subdivision (a) has resulted in significant harm to human health or the environment, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of five years or longer (d) The department shall notify the applicant for, or the holder of, the permit of the revocation, suspension, or denial of the permit and the effective date of the revocation, suspension, or denial A revocation or suspension issued pursuant to this section shall remain in effect until the hearing is completed and the director issues a decision (e) Upon receipt by the department of a notice of defense to the statement of issues from the applicant for, or the holder of, the permit, the department shall, within 15 days, schedule a hearing before the director The hearing shall be held within 90 days of the scheduling date, unless a later date is agreed to by both the department and the applicant for, or the holder of, the permit CAO Appendix B (rev January 2015) Page 2 of 14 am N E, Q Packet Pg 2LJ Packet Pg 195 APPENDIX B Section 42846 5 Access to property If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter onto the property and perform all necessary cleanup, abatement, or remedial work as authorized under Section 42846, the board or its contractors shall be permitted reasonable access to the property to perform that activity if an order setting civil liability has been issued or obtained pursuant to Article 6 (commencing with Section 42850) by the board, or by its designee pursuant to subdivision (c) of Section 42850, against the property owner, and the board finds that there is a significant threat to public health or the environment Section 42847 Liabibly for costs If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who unlawfully stored, stockpiled, or accumulated the waste tires or who unlawfully permitted the storage, stockpile, or accumulation of waste tires or who threatened to cause or peanut the unlawful storage, stockpile, or accumulation of waste tires shall be liable to that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects thereof, or taking other remedial actions The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the board to the extent of the latter's contribution to the cleanup costs from available funds The board shall seek recovery of its costs if that recovery is feasible Section 42847 5 Lien upon real property, costs or damages incurred by department, notice and heaanng procedures, department not considered responsible party, duration of lien, effect of recording, deposit of funds. (a) Any costs or damages incurred by the department under this article constitute a hen upon the real property owned by any responsible party that is subject to the remedial action The lien shall attach regardless of whether the responsible party is insolvent A lien imposed under this section shall anse at the time costs are first incurred by the department with respect to a remedial action at the site (b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law Prior to imposing the lien, the department shall send the property owner via certified mail a "Notice of Intent to Place a Lien" letter Tlus letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the hen either in writing or through an informal proceeding before a neutral official This neutral official shall be the director or his or her designee, who may not have had any prior involvement with the site The issue before the neutral official shall be whether the department has a reasonable basis for its determination that the statutory elements for hen placement under this section are satisfied During this proceeding the property owner may present information or submit documents, or both, to establish that the department should not place a lien as proposed The neutral official shall ensure that a record of the proceeding is made, and shall issue a written decision The decision shall state whether the property owner has CAO Appendix B (rev January 2015) Page 4 of 14 P 0 in E 0 a a� N c 0 r V c 0 U w y c E V am CM r c aD E s Q a LO CO w a 0 N L c a 0 c. d o: U a c d s �a Packet Pg 108 Packet Pg 197 penalty not to exceed ten thousand dollars ($10,000), for each violation of a separate provision o or, for continuing violations, for each day that the violation continues c (2) Liability under this subdivision may be imposed in a civil action or may be imposed administratively pursuant to this article 0 N CALIFORNIA PUBLIC RESOURCES CODE, DIVISION 30, PART 3, CHAPTER 19, � ARTICLE 2 Registration and General Provisions o 2 'a c Section 42953 Arrangements to transport waste or used tares, hauler repastration recauareinent. U Any person who gives, contracts, or arranges with another person to transport waste or used tires shall utilize only a person holding a valid waste and used tire hauler registration from the board, unless the hauler is exempt as specific in Section 42954 E M CALIFORNIA PUBLIC RESOURCES CODE, DIVISION 30, PART 3, CHAPTER 19, a ARTICLE 3 Renewal, Suspension, and Revocation 4 N Section 429615 California Uniform Waste and Used 'fare Manifest system (a) For purposes of this chapter, the following definitions shall apply c (1) "California Uniform Waste and Used Tire Manifest" means a shipping document signed by a >� generator of waste or used tires, a waste and used tire hauler, or the operator of a waste or used tire facility or other destination that contains all of the information required by the board, o including, but not limited to, an accurate measurement of the number of tires being shipped, the type or types of the tires, the date the shipment originated, and the origin and intended final -a 0 destination of the shipment (2) "Waste and used tare hauler" means any person required to be registered with the board E pursuant to subdivision (a) of Section 42951 (b) Any person generating waste or used tires that are transported or submitted for transportation, for a offsite handling, altering, storage, disposal, or for any combination thereof, shall complete a California Uniform Waste and Used Tire Manifest, as required by the board The generator shall provide the a manifest to the waste and used tire hauler at the time of transfer of the tires Each generator shall submit to the board, on a quarterly schedule, a legible copy of each manifest The copy submitted to the board shall contain the signatures of the generator and the waste and used tire hauler � (c) (1) Any waste and used tire hauler shall have the California Uniform Waste and Used Tire cM Manifest in his or her possession while transporting waste or used tires The manifest shall be L shown upon demand to any representative of the board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830 1 or 830 2 of the Penal Code, or any local 0 public officer designated by the board (2) Any waste and used tire hauler hauling waste or used tires for offsite handling, altering, E s storage, disposal, or any combination thereof, shall complete the California Uniform Waste and Used Tire Manifest as required by the board The waste and used tire hauler shall provide the a CAO Appendix B (rev January 2015) Page 6 of 14 P 0 0 E `m a m N m 0 v _ 0 U m cC N E M al Ln a r- 0 N co 0_ Q t_ 0 Q. d U a c a) t Q PacketPg 110 Packet Pg 199 APPENDIX B each violation of a separate provision or for continuing violations for each day that violation continues, o on any person who intentionally or negligently violates any permit, rule, regulation, standard, or o requirement issued or adopted pursuant to this chapter The board shall adopt regulations that specify the procedures and amounts for the imposition of administrative civil penalties pursuant to this 0 iL subdivision 0 CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 3, ARTICLE c 41 Waste Tire Program Definitions a _ 0 U Section 17225 755 Operator "Operator" means the person legally responsible for the operation of a waste tie facility or the owner if there is no operator y c E Section 17225 770 Passenger Tire Equivalents (PTE) a "Passenger Tie Equivalents" means the total weight of altered waste ties, in pounds, divided by 20 N pounds This definition replaces the previous definition of "Tire Equivalents " CALIFORNIA COME OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 3, ARTICLE 5 5 Waste Tire Storage and Disposal Standards Section 17351 Fare Prevention Measures Pursuant to the California Fie Code, Title 24 of the California Code of Regulations, sections 3201 1 through 3210 1, 34041 through 3408 2, which are hereby incorporated by reference, any person storing 500 or more waste tires shall meet the following requirements (a) The operator of the waste tire facility or solid waste facility shall demonstrate that they have prepared and submitted a fire safety plan to the fire code official having jurisdiction over a particular facility for review and approval The fie safety plan shall include provisions for fire department vehicle access At least one copy of the most recent, up-to-date fie safety plan and, if applicable, any approvals shall be made available at the time of inspection and at the time of application for a new permit, permit review or permit revision 11 (b) Communication equipment shall be maintained at all waste tie facilities and solid waste facilities, if they are staffed by an attendant, to ensure that the site operator can contact local fire authority in the event of fire The telephone number of the local fire authority and location of the nearest telephone shall be posted conspicuously in attended locations (c) Adequate equipment to aid in the control of fires shall be provided and maintained at the waste tire facility or solid waste facility at all tunes At a minimum the following items shall be maintained on site and in working order at all times (1) Buildings or structures shall be equipped with portable fie extinguishers in accordance with Section 906 of the California Fire Code, (2) One (1) pike pole or comparable pole at least 10 feet in length to separate burning from nonburning tires, CAO Appendix B (rev January 2015) Page 8 of 14 aq ti 0 Lh 0 E d a d Ul c 0 c 0 U d co L r N c E M 21 a Packet Pg 112 Packet Pg 201 authority, if such authority exists If no local vector control authority exists, the local Environmental Health Department or other local agency with authority over vector control shall approve the vector control plan Any control program approved by the local vector control authority shall be subject to Department concurrence at the time of issuance or review of the waste tire facility permit Section 17354 Storage of Waste Tires Outdoors (a) Waste tires stored outdoors shall be stored as prescribed m the subsections below, and pursuant to the California Fire Code, Title 24 of the California Code of Regulations, sections 3405 lthrough 3405 9, which are hereby incorporated by reference (b) All of the requirements in subsections (c) through 0) below shall apply to the storage of waste tires unless, for any particular requirement, the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for the prevention of fire and the protection of life and property Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Department by the operator within 30 days after their effective date Any requirements a 'pproved by the local fire authority shall be subject to Department concurrence at the time of issuance or review of the permit (c) Storage of waste tires shall be restricted to individual piles, which include stacks and racks of waste tires, that do not exceed 5,000 square feet of contiguous area Pile width shall not exceed 50 feet Any pile shall not exceed 50,000 cubic feet in volume or 10 feet in height (d) Tire storage piles containing less than 500 waste tires shall be located no closer than 10 feet from lot lines or buildings, however, tie piles containing less than 500 waste tines may be stored within 10 feet of lot lines or buildings after the operator has obtained approval from the fire code official Waste tire piles containing less than 500 waste tires shall not exceed 6 feet in height when within 20 feet of any property line, building, or perimeter fencing Side slopes shall not exceed 60 degrees (e) Tie storage piles containing 500 or more waste tires shall be located at least 50 feet from lot Imes and buildings, unless the facility is a waste tire facility described in subsections (1) through (4) below (1) Where the waste tire facility has obtained approval from the fire code official and the waste tires are stored at an exempt or excluded site defined in 14 CCR section 17225 822, tire storage piles may be located within 50 feet but no closer than 10 feet from lot lines or from buildings (2) Where the waste tire facility has obtained approval from the fie code. official and the waste tires are stored at a permitted minor waste tire facility, tire storage piles may be located closer than 50 feet but no closer than 10 feet from lot Imes and 50 feet from buildings (3) Where wastes tires are stored at a minor waste tire facility that was issued a minor waste tire facility permit prior to January 1, 2011, tire storage piles may be located closer than 50 feet but no closer than 10 feet from lot Imes and 50 feet from buildings (4) In no case shall the waste tire storage piles exceed 6 feet in height when within 20 feet of any lot line or perimeter fencing, and side slopes shall not exceed 60 degrees (f) Any individual waste tie pile shall be separated from any other waste tire pile, combustible ground vegetation, stored used tires, waste tie material, or products made from ties, by a distance of at least 40 feet CAO Appendix B (rev January 2015) Page 10 of 14 N _ d E a ti O 0 0 E 0 a d N D _ 0 0 U m R b N _ E a LO N a I- N t0 L a a 1= 0 Q. as U a c d E .0 ca a Packet Pg 114 Packet Pg 203 APPENDA D (b) For the purposes of deternumng the applicability of this Chapter 6, altered waste tires shall be counted as passenger tire equivalents as that term is defined in section 17225 770 of Title 14 of the California Code of Regulations (c) Operations authorized to use the enforcement agency notification tier as prescribed by sections 18103 and 18103 1 of Title 14 of the California Code of Regulations, that stores, stockpiles, accumulates or discards 500 or more waste tires shall comply with the waste tire facility permitting requirements set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, and Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations (d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9, 10 and 11 apply to operators and/or businesses described under Chapter 6, Article 1 (e) A "used tire dealer" is only authorized to lawfully accept waste or used tires without a waste tire facility permit if the used tire dealer is in compliance with Section 17225 820, Article 4 1, Chapter 3 and has fewer than 1,500 waste tires in accordance with Public Resources Code section 42808(c) am CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 6, ARTICLE 2 Review of Permit Applications Section 18423 Permit Application Filing (a) Every operator of a new major or minor waste tire facility shall submit to the Department a complete and correct waste tire facility permit application, as specified in Article 4 of this Chapter (b) Upon receipt of the application, the Department shall mark the application package with the date of receipt Within 30 days of receipt, the Department shall examine the application package to determine whether it meets the requirements contained in this chapter and either accept the application as complete and correct or reject the application If the Department finds the application meets the requirements, the application shall be accepted as complete and correct If the Department determines that the application does not conform to the applicable requirements, it shall notify the applicant in writing enumerating the grounds for rejection (c) The operator of a waste tire facility may, at any time, withdraw a certification or permit revision application by submittmg a written request to the Department An applicant may not withdraw an application for revision if the Department requests the permit be revised pursuant to section 18427(b) or (f) of this Chapter (d) For purposes of this Chapter, "Complete and Correct" means all information provided by the applicant regarding the waste tire facility is accurate, exact, and fully describes all parameters of the waste tire facility G CAO Appendix B (rev January 2015) Page 12 of 14 h 0 LO 0 E d a d N 0 c 0 U d L Y N c E Y Q Packet Pg 116 Packet Pg 2075 Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections o 830 1 or 830 2 of the California Penal Code, or any local public officer designated by the Department o (b) If approved by the Department pursuant to Public Resources Code Section 429615, any person that is subject to the requirements set forth in above (a) may substitute their own functionally equivalent a EDT form, once approved by the Department, in lieu of the Department required form and submit an N electronic report within ninety (90) days of the load shipment to the Department, in lieu of submitting the required paper form pursuant to Section 18459 12 The electronic report shall include all o information required to be on the CTL Form c 0 U m M 10 E E Q N N E a CAO Appendix B (rev January 2015) Page 14 of 14 El PacketPg 118 Packet Pg 207 7014 3490 0001 7726 6324 T -p n 7C' a N j m c Attachment CB Tyres Cal Recyle Clean up Abatement Order 2016 [Revision 1] (2142 Administrative Conditional Use Permit 05-07) a `° Attachment PC Report April 6, 2017 pdf (2165 Administrative Conditional Use Permit 05-07) Cal Rec cle Survey & Inspection Report - Inspection Form (Page 2) y Part C - Facility Information SWIS Number Inspection Number •• •• Photos Taken Property Owner Information Name .......... » . . Phone Number •••••••••• Mailing Address ....... Facility Type • « ... ... ... . « . Permitted Status • • • • •• -•• Exempt/Excluded Business Type Part D - Inspection of Waste Tire Facility - IV 14 CCR § 17354 Storage of Waste Tires Outdoors j(i) Rim Removal/Storage of Tires on Rims V PRC § 18420 1 Waste Tire Collection Location Requirements Comments NOTICE OF VIOLATION CalRecycle Issued Cleanup and Abatement Order (CAO) (No 2016-011058-CAO) to Anthony Tejeda, Operator and Property Owner of CB Tyres Recycling Resources, LLC (TPID 1000418), on September 19, 2016 for violating Title 14, California Code of Regulations (14 CCR) section 18420 1 The CAO required that CB Tyres Recycling Resources, LLC to remove all waste and used tires from this site within 30 days from the CAO date of service (September 19, 2016) This Inspection was conducted to verify compliance with the terms of the CAO CalRecycle inspector Billy Yos arrived at the facility at approximately 10 30 A M on October 25, 2016 and met with Mercedes Fermin, Office Manager, in the office located on the premises Inspector Yos identified himself to Ms Fermin by inspector badge and business card and explained that he was there to conduct an inspection ofthe facility for compliance with the previously issued CAO Inspector Yos asked if Mr Tejeda Vice President, was available to speak with him Ms Fermin stated that Mr Tejeda was unavailable and granted consent for the inspection of the facility and stated she understood that the inspector would be taking photos of the property which included the tire piles ti 0 0 E o m �n a o m = N E � a o m r rn 0 o U o a� .r -a 0 �. o 0 U c m E > Q N_1 C N E N Q C 2 �p > N y- o CL w� � o Q N C �O Q o Q N to O N Q O y U >, a U d r d E U t C � E Q s 0 M Q During the inspection Inspector Yos observed approximately 19,989 waste tires were being stored on the property in violation of the requirements of the CAO (see attached Site Map for full calculation of Packet Pg 122 PacketPg 211 waste tires observed) Note Unless otherwise indicated, all tire counts were determined using I volumetric estimation, a 20% reduction was applied to account for any variations in tire pile size, configuration or density • Tire piles A, B, C, & D located on south end of the property had approximately 13,598 waste tires combined, A Two full 53-foot trailers with approximately 2,400 waste tires (1,200 waste tires trailer X 2), Four 53-foot trailers each a quarter full with approximately 1,200 waste tires (300 waste tires trailer X 4), • One 53-foot trailer with approximately 50 individually counted waste tires, • One full 26-foot trailer with approximately 560 waste tires, Two full 48-foot trailers with approximately 1,920 waste tires (960 waste tires/trailer X 2), There were 156 individually counted OTR tires, and 105 individually counted golf cart waste ties All of the trailers that were inspected had doors unlocked and partially opened The golf cart tires were on rims which is a violation of 14 CCR § 17354(1) which states Tires must be removed from rims immediately upon arrival atthe waste tire facility or solid waste facility Tires temporarily attached to rims awaiting removal shall be stored separate from other waste tires This will be marked as a violation , In conclusion, this + inspection clearly indicates that CU Tyres Recycling Resources, LLC has failed to comply with the CAO requirements to reduce their waste and used tire count to zero As a result, CalRecycle will now proceed to take escalated enforcement action regarding the above violations Packet Pg 124 Packet Pg 213 E7c A1c -- Waste 'Tire Survey & Inspection Report F State ofcaltPomla I - CWM13,83 (New WA) Comments Form �Li� o� BLACK INK PEN ft"Ofatodwaste Maumnwal Board ' rlBnstitetss Profile Inspection Qetafls Y _w TPID- _+_ Inspection 1 Site Suww- 1 �°3 'i� O Ll # O Report i 0 8 F 'q I Inspect on Momber on the assocaatad Sumy form (Pogo f) t Comntants f 10 2.s: tw (a►1 c.� l�r r ' id! o� - - �% It-xy2'w It �6i= (�3$� ?s-7y.( X 12 Ins- 3��'y_¢';r�j gca8t�= 2-,���''►ems 6. M wYz'w x ll"14 = is,108 �i STa ? t2 loose ```s : (,98 y '�f , a. �v = �V-7 -�S� i i.6' T'(0.1w rA*ri4. i ifY 5o aa�,vt l�`� S3'4v;ule r 18 iolx 16 2fH- R 100, #*-3 300 7 �e600,f1rtXX D.96= 2219 4ittGGr I to `iS X Zr" ,'x 8 -*H = %ow P-t3 333 yA3x !p r 330 fi1l'-Cf'x ®-`o = 2, 6(*Y flee Irai!�s ('Zwl rebrA im t, .v )es tv;1t It i &, lA 2.-ruta 5'3' 6s r,SV® s a= 3, 000 ir-m-f y• Nflo04 r ides=3a r xY �=t�s ° So ��dterit�tt� c.u>n+�. �cc3' # - R11 I. 2«(-t06-C _ '70o tires Golf Gw f - res = I OS- 3000 +^i X 0.80 2100 ¢orfl t P0 +i ves Ito, 80 : It 200 kl nes -t%m ita$0-- 11q'f ki(q %, ON 4161 O APE!_h it 3 wtuto Cagy CMwB Yellow Copy Operator Perk GW LEA 42408 _ Packet Pg 126 Packet Pg 215 CBTyres Recycling Resources, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log iz 0 Photo 2 of 13 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on October 25, 2016 Description Photo shows the north west side of tire pile A facing south east This tire pile had approximately 2 467 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Tire pile C is in the background Inspection Reference No IW 1046399 Packet Fig 128 Packet Fig 217 CBTyres Recycling Resource=, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log Photo 4 of 13 CB Tyres Recycling Resources LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on October 25, 2016 /� 1) Description Photo shows the west side of tare pile A (left), tire pile C (center) and tire pile B (right) facing east Tire piles A, B, and C had a total of approximately 10,934 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property P 0 0 ti E o a) Ln IL o m +� w E L l0 d c c. 0 0 .f+ N C � O C U O > w � C t. O w U c d E Q r N_ 0 C N E N Q C Ln O w N � d C O ►� w � o O Q N c C° L a o Q N t W) O N Q. O d d U " a 0 d C C d E U s w v C M E Q s V M Inspection Reference No IW 1046399 Packet Pg" 130 Packet Pg 219 CBTyres Recycling Resources, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log Photo 6 of 13 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on October 25, 2016 Description Photo shows the southeast side of tare pile D facing north west This tire pile had approximately 2,664 PTE after a 20% reduction in the number of waste tires calculated Note This photo was taken at the south perimeter of the property Inspection Reference No IW 1046399 P O O E o L � d n. O m = N E = L a � O a) w. N C O C U 0 > w � �a c w O rn U c_ m E -a Q r N_ C N E N Q C O tp W r � N d C Q O ►� i+ a— t� O Q. N U) v0 to `- Q o N 0 N Q O d 0 U a V a) E U s « v c 0 Ea a Packet Pg 132 Packet Pg 221 CBTyre Recycling Resources, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log Photo 8 of 13 CB Tyres Recycling Resources LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on October 25, 2016 Description Photo shows the south west side of OTR tires facing north east There were approximately 156 OTR tires individually counted Note This photo was taken at the south perimeter of the property Inspection Reference No IW-1046399 Packet Pg 134 Packet Pg 223 CBTyres Recycling Resources, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log Photo 10 of 13 CB Tyres Recycling Resources, LLC TPID No 1000418 Photo taken by Billy Yos of CalRecycle on October 25 2016 Description Photo shows 53 foot trader with license plate number Oklahoma-613 6FJ This 53 foot trailer was a quarter full with approximately 300 tires stored in the trader after a 20% reduction in the number of waste tires calculated Note This photo was taken at the north perimeter of the property Inspection Reference No IW 1046399 E-7 c A1c _ Packet Pg 136 Packet Pg 225 E7c i �-_� Photo 12 of 13 CB Tyres Recycling Resources, LLC Photo taken by Billy Yos of CalRecycle on October 25, 2016 CBTyres Recycling ResourcI s, LLC TPID No 1000418 October 25, 2016 Inspection Photo Log TPID No 1000418 Description Photo shows 53-foot trailer with license plate number California 4X4086 This 53 foot trailer was full with approximately 1,200 tires stored in the trailer after a 20% reduction in the number i of waste tires calculated Y Note This photo was taken at the north perimeter of the property l Inspection Reference No IW 1046399 "Packet Pg 13a _, Packet Pg 22T 8n1;eJ;s1wwpt/ Zti6Z) IZ u01sin821l 160Z 6£ £ podab;umewo;ua apoo saaR180 ;u9uayoe;1V City of Grand Terrace Memorandum Planning & Development Services DATE Larch 31, 2017 - TO Sandra Molina Planning & Development Services Director FROM Barne Owens Senior Code Enforcement Officer SUBJECT. CI3 TYRES CODE ENFORCEMENT REPORT BUSINESS- CB Tyres Cal Recycle TPID #1000418 Business location 21801 Barton Rd, Grand Terrace, CA, 92313 APN #1167-121-03 Property Owner- Barton Property LLC CB Tyres has an active "Collection Site" permit with the State of California and Administrative CUP with the City of Grand Terrace City Administrative CUP-05-07 On 8/25/2005, the Community Development Department approved Administrative CUP- 05-07, subject to 12 conditions of approval Administrative CUP-05-07 includes 12 conditions of approval including Condition No 1 that limits the maximum amount of tires that can be stored on site at 499 On 9/8/2005 the applicant for CB Tyres signed their concurrence with the conditions, as follows ACCEPTANCE OF CONDITIONS FOR Administrative CUP-05-07 signed by City Community Development Director and CB Tyres in September, 2005 Approval by the Community Development Director of the City of Grand Terrace of Administrative Conditional Use Permit No 05-07 to operate a tire collection and LO CD N a ti 0 N a a 0 a d c� a. c d E s r w a Packet, Pg 229 . en1;e1;s1u1wpy Zti6Z) [Z UOISIAGH] L60Z L£ £ podab;uawaojo;u3 epos sejA180 1uewy3e}1H 'a �i a-� m Y V 12 The City will conduct periodic inspections of the site and the tire operation following date of this approval If the applicant is found to be in violation or non- compliance with any of these conditions, the city may initiate proceedings to revoke this permit with all its rights and privileges CAI. RECYCLE AND CITY CODE ENFORCEMENT ACTIVITIES The City was contacted by Billy Yos, Cal Recycle (State of California) on July 20, 2016 stating CB Tyres was in violation of California waste tire law for a "Collection Location" and was exceeding the amount of waste tires currently stored on site and outside the enclosed containers (on the ground), sorted, and loaded Approximately 31,000+ tires was estimated on site at the time of the State inspection During the week of July 20, 2016, City Code, Enforcement observed what appeared to be an excess amount of tires stored on the property while conducting inspections in the immediate area In response to this observation and receipt of the notification from Cal Recycle, Code Enforcement conducted an on -site inspect at CB Tyres' on July 28, 2016 The inspection was conducted to check for any violations of the City approved Administrative CUP Tony Tejeda, Vice President of CB Tyres accompanied Code Enforcement during the inspection of the business location San Bernardino County Fire scheduled a joint inspection with Code Enforcement but was unable to participate July 28, 2016 a site inspection was conducted to determine compliance, with conditions of approval The following findings are based on the established Conditions of Approval 1 Number of tires exceeded limit of 499, in violation of Administrative CUP At the time of inspection, tire accumulation was reduced to approximately 11,000- 13,000 as calculated by Mr Tejeda_ 2 The property was clear of weeds and debris 3 The Property was clear of junked/damaged/ vehicles or traders 4 Site address was posted at property entrance 5 New base material was laid in preparation for new gravel scheduled for installation within 1-2 weeks However because of the number of tires, placement of gravel in storage area could not be determined 6 The City business license was current 7 The Business was in violation of California Integrated Waste Management Board requirements, per Cal Recycle inspections conducted on April 20, 2016, and May 23, 2016 8 Trucking operations were in compliance with local, state, and Federal regulations per Cal Recycle's April 20, 2016 inspection report LO 0 N 4- M c. 0 N i a a 0 a d W U a c d E s a PacketPg 231 ani;eJ;siuiwpy Zti6Z) [Z u01sInaa] 160Z 6£ £ �odab ;u9waoao;u3 apoo— saiRl 8o ;uauayoeuy Z Q re -inspection for the week of October 17, 2016 If CB Tyres failed to remove the excess tires by that date, Cal Recycle was authorized to seek administrative penalties of not less than $500 and up to $10,000 for each violation of a separate provision or, for continuing violations, for each day that the violation continues Cal Recycle conducted a follow-up inspection on October 25, 2016 and CB Tyres failed to remove all waste tires from the premises Approximately 19,989 tires were stored on the property at the time of the inspection Cal Recycle continues to take action to obtain compliance From November, 2016 through January, 2017 City staff made several attempts to contact Mr Tejada to schedule a meeting with S Molina, Planning & Development Director which was unresponsive Code Enforcement successfully contacted Mr Tejeda on January 10, 2017 and advised him to schedule a meeting with Director Molina to discuss the existing violations On January 17, 2017 Director Molina & Barrie Owens, Senior Code Enforcement Officer met with Tony Tejeda and informed him that CB Tyres' Administrative CUP will be presented to City Planning Commission for review due to existing and on -going Administrative CUP violations Mr Tejeda explained his circumstances stating tire processing plant closures over several months have led to the excess accumulation of tires and requested additional time to comply as he currently had an estimated 30,000 tires and 25-28 trailers on the property Mr Tejeda stated the tire Processing Facilities currently accepting CB Tyres inventory are 1 Mitsubishi, California site 2 Trans Pacific Recycling, Wilmington, CA 3 Azusa Landfill is 3rd option (non -recycling) On January 18, 2017 City staff notified Mr Tejeda and Barton Property LLC by mail that Planning Commission review of Administrative CUP was scheduled for February 2, 2017 at 6 30 p m at City Hall The letter also informed CB Tyres that they were prohibited from bringing additional trucks to the business location unless he received prior approval from the City Mr Teleda stated he currently had 25-28 trailers stored on the property On February 2, 2017 The City Planning Commission set a Hearing date for full examination of Administrative CUP 05-07 to consider modification or revocation- Mr Tejeda indicted that CB Tyres was no longer accepting tires at the site and that the Mitsubishi Plant was accepting additional loads It was determined by the Planning Commission that a Public Hearing should be scheduled as a result of the violations existing at the business location The Planning Commission discussion also emphasized that achieving compliance by the Hearing date would show substantial progress to co 4- ,a Q. ti 0 N a Q 0 Q. W U a c d E w a Packet Pg 233 E7c ani;eJ;siwwpy Zb6Z) IZ uoisInOMI LOZ 6£ £ podaNjuawoojolu3 9po3 sajA183 ;uawyoenv `O Z r' r a . �i5 Gravel and base was in place in unpaved areas and sprinklers were operating to control dust Unable to view area under tire piles 6 City Business license is current 7 Business is in violation of California Integrated Waste Management Board requirements per Cal Recycle inspections conducted on April 20, 2016, May 23, 8 2016, August 11, 2016, and October 25, 2016 Trucking operations in compliance local, Federal with state, and regulations per o Cal Recycle April 20, 2016 inspection report o 9 The applicant/operator of'the tire recycling business shall comply with all requirements of the Director of Building and Safety/Public Works in his d memorandum dated August 25, 2005 and attached hereto (Not applicable) a 10 Permits are on file for office and scale 11 San Bernardino County Fire, Hazardous Materials Division permit is not required 12 CB Tyres was found in violation or non-compliance with condition number 1 and c 9 listed in Administrative CUP-05-07 The City may initiate proceedings to revoke this permit with all its rights and privileges o On March 16, 2017 San Bernardino County Fire Protection District Community Safety Division conducted on inspection at CB Tyres The Fire Prevention Officer observed and issued a Notice of Violation for the following violations of the California Fire Code 1 Failure to comply with all provisions of the Grand Terrace Conditional Use a Permit-05-07, specifically item #1 (City of Grand Terrace Administrative CUP- 05-07) o 2 Failure to maintain required pile size (2016 CFC Section 3405 1) 3 Failure to maintain required pile separations (2016 CFC Section 3405 4) 4 Failure to maintain required pile height and distance to property line, building or ti perimeter fencing (2016 CFC Section 3405 4, Exception #1) o 5 Failure to store tires on rims separate from tires that are off rims (2016 CFC N Section 3405 8) 6 Failure to maintain fire department apparatus access to all areas of the storage a pile t: 7 Failure to provide required fence to secure the storage pilels from unauthorized d access 8 Failure to provide required fire department water supply a Cal Recyle, San Bernardino County Fire, and City Code Enforcement will continue to r conduct inspections and/or proceed with additional action based on the violations and Agency policies or codes until CB Tyres becomes compliant with all entities or other w legal remedies are imposed a Packet Pg 235 Attach men SAN BERNARDINO COUNTY FIRE PROTECTION DI COMMUNITY SAFETY DIVISION Alf San Bernardino CA Suite 131 P O Box 130 Yucca Valley CA V,ctorvdle CA Fontana CA 92415 0187 Hesperia CA 92M 3222 Lake Arrowhead CA 92352 92284 92392 92335 Phone (909)386-8400 Phone(7601995 019D Phone (909) 337-8586 Phone (760)995 8190 Phone (760) 955 5227 Phone (909) 428 8697 Fax (909) 3873249 Fax (760) 995.8205 Fax (909) 336.3182 Fax (760) 995-8205 Fax (760) 269-0020 Fax (909) 350 7676 B 00 am — 5 00 pm Mon —Fri 8 00 am— 5 00 pm Mon —Fri 9 00 am —12,00 pm Tuesdays 8.30 am 4 00 pm Tuesdays 7 30 am 5.30 pm Mon Thur 8 30 am -4 00 pm Men Thor WEBSITE www sbcfire orst PAGE 1 of 2 NOTICE OF VIOLATIONLil Violator C B Tyres Recycling Resources Date 3116117 Mailing Address 21801 Barton Rd Ste D Facility ID# Grand Terrace, CA 92313 APN 1167-121-03-0000 An inspection I investigation at 21801 Barton Rd Ste D, Grand Terrace, CA 92313 - C B Tyres Recycling Resources was conducted on 3115117 Based on conditions observed by the Inspector I Investigator, FOLLOWING VIOLATIONS EXIST Failure to comply with all provisions of City of Grand Terrace Conditional Use Permit # 05 07, specifically item #1 (See Photo 1) Failure to maintain required pile size (See Photo 1) Failure to maintain required pile separations (See Photo 1) Failure to maintain required pile height and distance to property line, building or perimeter fencing (See Photo 2 & 3) Failure to store tires on rims separate from tires that are off rims (See Photo 4) ARE HEREBY ORDERED TO COMPLY BY Comply with all provisions of City of Grand Terrace Conditional Use Permit # 05-07 No more than 499 tires shall be on the ground the end of each work day (City of Grand Terrace CUP 05-07) a Until this is accomplished C B Tyres Recycling Resources shall not receive any additional tire shipments Tire storage pile shall be divided into multiple piles no more than 5,000 square feet In size Pile width shall not exceed 50 feet and call be no more than 50,000 cubic feet In total (2016 CFC Section 3405 1) Individual tire storage piles shall be separated by a minimum of40 feet (2016 CFC Section 3405 2) Tires storage piles shall be located not less than 50 feet from lot lines and buildings (2016 CFC Section 3405 4) a Piles less than 500 tires shall be located no closer than 10 feet from lot lines or buildings Tires shall not exceed 6 feet in sight when within 20 feet of any property line, building or perimeter fencing (2016 CFC Section 3405 4, Exception #1) Tires stored on rims shall be shall be stored In separate piles from other waste tires (2016 CFC Section 3405 8) THE VIOLATION(S) NOTED ABOVE SHALL BE CORRECTED WITHIN 14 DAYS UNLESS OTHERWISE NOTED FAILURE TO COMPLY MAY RESULT IN ADMINISTRATIVE, CIVIL OR CRIMINAL ACTION A REINSPECTION WILL BE CONDUCTED ON OR ABOUT 3/30117 TO ENSURE COMPLIANCE If you have any questions, please contact the Inspector I Investigator at (909) 386-8400 Mon — Fri, 8 00am — 9 00am ISSUED BY K Apodaca RECEIVED BY TITLE Fire Prevention Officer 11201f5 SIGNATURE TITLE 2 Zi in co T_ N a ti 0 N u; L a a 0 a U a c d E s its w Q Packet Fig 148 Packet Pg 237 PHOTO NARRATIVE PHOTO 1 PHOTO 2 Facility/Case Name C B TYRES RECYCLING RESOURCES LLC Location 21801 BARTON RD STE D, GRAND TERRACE, CA 923131 1) Description E7c Alf Page t of 4 OVERVIEW OF THE SITE FROM BUILDING ROOFTOP TO THE SOUTH -Pile size Is In excess of the 5,000 sgft Allowed by the fire code Pile is appx 200 feet by 300+feet, and 10 to 12 feet in height -No required separations between piles -Fencing is not provided around the area of tare storage or around the entire facility as required by the fire code 2) Description PHOTO IS TAKEN FROM THE EAST SIDE OF THE PROPERTY FACING THE WEST -Tires are being stored directly against the adjoining property line Date Taken 3/1512017 Taken By K Apodaca Signature Reread 02/27/03 - Packet Pg.- 150 Packet Pg 239 PHOTO NARRATIVE PHOTO 5 PHOTO 6 Facility/Case Name C B TYRES RECYCLING RESOURCES LLC Location 21801 BARTON RD STE D, GRAND TERRACE, CA 923131 5) Description FIRE ACCESS TO THE SOUTH SIDE OF THE PROPERTY -Obstructed by trailers and by trucks picking up product 6) Description FIRE ACCESS TO THE EAST SIDE OF THE PROPERTY -Obstructed by tire storage and trailers Date Taken 3116/2017 Taken By K Apodaca Revved 02127)03 Signature �Q— (_2 E7c Alf Page 3 of 4 Q Packet Pg 152 Packet Pg 241 Attachment 7 RESOLUTION NO 2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL REVOKE ADMINISTRATIVE CONDITIONAL USE PERMIT 05- 07 PURSUANT TO SECTION 18 84 070 (REVISIONS AND MODIFICATIONS) AND SECTION 18 83 080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE �J WHEREAS, CB Tyres is a waste tire collection facility located at 21801 Barton Road, #D The business receives used tires from various sources, sorts and transports them to receiving facilities WHEREAS, in 2000, Land Use 00-62 was granted to CB Tyres to allow the tire collection and transfer business WHEREAS, in 2004, pursuant to Chapter 18 84 (Administrative Conditional Use Permits) of the Zoning Code, Administrative CUP 04-04 was approved This approval included relocation of the use to the west end of the property, and certain conditions of approval WHEREAS, on August 25, 2005, Administrative Conditional Use Permit 05-07 was approved for CB Tyres This approval included twelve conditions of approval WHEREAS, the California Department of Resources Recycling and Recovery's (CalRecycle) Tire Hauler Compliance Unit determined CB Tyres to be operating without the benefit of a permit and is taking steps to gain compliance WHEREAS, CalRecycle inspected CB Tyres on April 20, 2016, May 23, 2016, and August 11, 2016 Each time CB Tyres was in violation of CalRecycle regulations WHEREAS, on September 14, 2016, CalRecycle issued a Clean Up and Abatement Order, to clean and abate the site by October 14, 2016, and the business owner has not complied with the Order WHEREAS, on July 28 2016, the Grand Terrace Code Enforcement Division conducted an inspection and determined that CB Tyres was operating in non- compliance with the established Conditions of Approval for ACUP 05-07 WHEREAS, on August 12, 2016, CB Tyres was issued a citation by the Grand Terrace Code Enforcement Division and has received weekly citations due to ongoing non-compliance with the established Conditions of Approval Peg. 1 .f 4 Packet Pg 154 Packet Pg 243 E7c ' A1g Attachment 7 b Condition No 3 There shall be no storage or parking ofjunked, damaged or abandoned vehicles, trailers or RV's on the site of the tire operation at any time All vehicles parked or stored on the premises must have a valid, current license and be in operable condition The operator has an inoperative vehicle on the property c Condition No 7, The applicant/operator of the tire recycling business shall O to i. O ?,- comply with all applicable requirements of the California Integrated Waste c 9 Management Board at all times The business operator is not in L. d O Y compliance, as evidenced by the Cleanup and Abatement Order issued by >: I� 1� California department Resources Recovery N � L 41 the of Recycling and d i0 d l� I Condition 8, The C d IVo applicant operator of the tire recycling business shall comply with all other applicable Local, State and Federal regulations w C r C The O regarding the trucking operation and the handling of waste tires :Oi C business operator is not in compliance with this condition, as identified in > O paragraphs 2 a and 2 c, above �, Li N_ d In addition the business operator is not in compliance with California Fire C E L Code as evidenced by the Notice of Violation issued on arch 15, 2017 Q �F+ N The violations include excessive tire storage, improper clearance from N C E - property lines, excessive piles sizes without proper clearance, combustible N Q vegetation, inadequate fire apparatus access, failure to fence, and _ T insufficient water supply C O N N — 3 The Commission finds thatthe maintenance of the property is in such a condition `~ as to be detrimental to public health and safety, and constitutes a public n nuisance The stockpiled waste tires are over the limit of 499 waste tires O r O established by ACUP 05-07 Ca,Recycle estimated the number to be 26,667 on O N `� April 20, 2016, 31,089 on May 23, 2016, and 16,267 on August 11, 2016 Mr a L Tejeda 30 000 January 17, 2017 UQ estimated to number approximately on Q The stockpile of tires is a public safety issue in violation of California Fire Codes, CI C O Q as evidenced by the Notice of Violation issued to CB Tyres The violations w d include excessive tire storage, improper clearance from property lines, excessive d Li d piles sizes without proper clearance, combustible vegetation, inadequate fire c.i apparatus access, failure to fence, and insufficient water supply a C d E ♦i c s 4 The continued noncompliance creates a public nuisance in that the stockpile of E debris waste tires) are stored on the property such that they are visible from a aN+ Q public street The stockpile is highly visible from Barton Road, the City's main a entry point into the City, and adjoining properties The visibility of the large stockpile of waste tires impactthe aesthetics of the community 5 Based upon the above findings and determinations, this Commission hereby Pa9a 3 or 4 Packet Pg 156 Packet Pg 245 248 S Sierra Way Ste E San Bemardlno CA 924081 Phone 800 442 2283 F E 7 id, www SAN BERNARDINO Public Health wwwSBCountygov/dph/dehs COUNTY Environmental Health Services MOSQUITO AND VECTOR CONTROL - OFFICIAL INSPECTION REPORT FACILITY NAME REINSPECTION DATE INSPECTOR DATE Not Specified Deborah Munden 4/3/2017 LOCATION PERMIT EXPIRATION IDENTIFIER None 21801 BARTON RD GRAND TERRACE CA 92313 SERVICE 004 COMPLAINT INITIAL TIME IN TIMEOUT I FACILITY ID RELATED ID PE RESULT 05 CORRECTIVE ACTION/FOLLOW UP REQU 11 08 AM 12 29 PM Not Specified C00057302 4040 ACTION 29 NOTICE OF VIOLATION ISSUED MOSQUITO AND VECTOR CONTROL - Service Request - Mosquito Based on an Inspection this day the Items marked below Identify the violation(s) in operation or facilities which must be corrected Failure to come listed violation(s) prior to the designated compliance date may necessitate an additional Inspection to be billed at the hourly rate as provided In th San Bernardino County Code Schedule of Fees Administrative Order to Show Cause (OSC) The Permlttee has the right to a hearing If requested in writing within 15 calendar days of receipt of th notice to show cause why the permit to operate should not be suspended or revoked otherwise the right to a hearing shall be deemed waived See the following pages for the code sections and general requirements that correspond to each violation listed below 40V005 Duty to Abate - Mosquito Breeding Comply by 4/10/2017 Inspector Comments ALLOWING MOSQUITOES TO BREED IN WASTE TIRES Not In Compliance ELIMINATE THE MOSQUITO BREEDING FROM THE PREMISES Violation Reference SSCC 33 0903 Violation Description It shall be unlawful for any person or entity to create or allow the existence of a public nuisance as defined In this Article 33 0902 Definitions PUBLIC NUISANCE For the purposes of this Article means any of the following (1) (A) Any breeding place for mosquitoes flies rats or other vectors of public health importance which exists by reason of any use made of the land on which it Is found or of any artificial change in Its natural condition Presence of immature arthropods of public health importance shall constitute pnma facie evidence that a place Is a breeding place for arthropods The presence of rodent droppings trails or evidence of feeding activity shall constitute pnma facie evidence that a place is a breeding place for rats (2) Water which is a breeding place for mosquitoes flies or other arthropods of public health importance VECTOR Any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury including but it limited to mosquitoes flies fleas ticks mites and rats but not including any domesticated animal Overall Inspection Comments_ BREEDING OBSERVED IN NUMEROUS TIRES AND A TARP SAMPLES TAKEN NOV/ MB ISSUED F/U 4/10/17 LSignature(s) of Acknowledgement _NSA NAME TITLE Total # of Images 0 v r a Packet Pg 247 5290 (0190) OBSERVATION OIR ver5/15 DABZOEJSO 4/4/2017 (LO-SO;iWJad asB 1euoi;ipuo3 8A14ea4s1u1WPV 996Z) K-1U0Z NouLn-IOS3b 3d 1u8W438:RV m � � N W � a m Y v conducted an inspection and determined that CB Tyres was still operating in non-compliance a with the established Conditions of Approval for ACUP 05-07 WHEREAS, on March 15, 2017, the San Bernardino County Fire Protection District, Community Safety Division, conducted an on -site inspection and issued a Notice of Violation for non-compliance with California Fire Codes, WHEREAS, pursuant to Section 18 84 070 (Revisions And Modifications) and Section 18 83 080 (Revocation) of the Grand Terrace Zoning Code, the City has the authority to consider modification or revocation of a conditional use permit WHEREAS, on March 16, 2017, the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing on Administrative Conditional Use Permit 05-07, at Grand Terrace City Hall Council Chambers located 22795 Barton Road and continued the hearing to April 6, 2017 WHEREAS, on April 6, 2017, the Planning Commission of the City of Grand Terrace continued the public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on that date WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Grand Terrace, as follows The PIanning Commission hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct 2 The Planning Commission finds that pursuant to Section 18 84 070 (Revisions And Modifications) and Section 18 83 080 (Revocation) of the Grand Terrace Zoning Code, the City has the authonty to consider modification or revocation of a conditional use permit 2 The PIanning Commission finds that CB Tyres is operating in noncompliance with the established Conditions of Approval for ACUP 05-07, as follows a Condition No 1 In no instance shall the number of tires stored on the ground at the end of the work day exceed 499 CB Tyres has been out of this condition since April 20, 2016, pursuant to the California Department of Resources Recycling and Recovery's enforcement actions, and since July 28, 2016, pursuant to the City of Grand Terrace's code enforcement actions b Condition No 3 There shall be no storage or parking of Junked, damaged or abandoned vehicles, trailers or RV's on the site of the tire operation at any time All vehicles parked or stored on the premises must have a valid, current license and be in operable condition The operator has an inoperative vehicle on the property RESOLUTION 2017-31 1 PAGE OF 2 APRIL 6, 2017 L l OZ `9 'IRIdN V d0 3DVd l 1 £-L I OZ MOI.LMOSM SJU13aaaS uuaJ6 tuw j Eaissa ssa ilia Imasov X004Su100 xT-ego 'S30AI euasa, JTPgO 90TA 'u8TTV ' xnOzTO ' a@gO4909 saauOTssTuuuoO 'SaAV LIOZ `lijdv jo Sup 419 aqp uo plaq Ounaaw wIn5w a ie `u uaoilleo 'aaP-UOJL pueaO 10 "40 aqa jo uoissiwwoO guiuueld aqi Xq Q3,L IOC (INV QgSSdd x m N V j Attachment PC RESOLUTION_2017-31 (2165 Administrative Conditional Use Permit 05-07) _ E7f r- conducted an inspection and determined that CB Tyres was still operating in non- compliance with the established Conditions of Approval for ACUP 05-07 WHEREAS, on March 15, 2017, the San Bernardino County Fire Protection District, Community Safety Division, conducted an on -site inspection and issued a Notice of Violation for non-compliance with California Fire Codes WHEREAS, on April 3, 2017, San Bernardino County Mosquito and Vector Control conducted a site inspection, observed breeding mosquitos and issued a Notice of Violation WHEREAS, pursuant to Section 18 84 070 (Revisions And Modifications) and Section 18 83 080 (Revocation) of the Grand Terrace Zoning Code, the City has the authority to consider modification or revocation of a conditional use permit WHEREAS, on March 16, 2017, the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing on Administrative Conditional Use Permit 05-07, at Grand Terrace City Hall Council Chambers located 22795 Barton Road and continued the hearing to April 6, 2017 WHEREAS, on April 6, 2017, the Planning Commission of the City of Grand Terrace continued the public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on that date, and voted 5-0 recommending City Council revocation of Administrative Conditional Use Permit 05-07 WHEREAS, on April 25, 2017, the City Council of the City of Grand Terrace continued the public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on that date WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows 1 The City Council hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct 2 The City Council finds that pursuant to Section 18 84 070 (Revisions And Modifications) and Section 18 83 080 (Revocation) of the Grand Terrace Zoning Code, the City Council has the authority to cause the revocation of a conditional use permit 2 The City Council finds that CB Tyres is operating in noncompliance with the established Conditions of Approval for ACUP 05-07, as follows Page 2 of 4 Packet` Pg 2 3 Elf ' as evidenced by the Notice of Violation Issued to CB Tyres The violations include excessive tire storage, improper clearance from property lines, excessive piles sizes without proper clearance, combustible vegetation, inadequate fire apparatus access, failure to fence, and insufficient water supply The operator has allowed the waste tires to create an environment for the breeding of mosquitos constituting a public nuisance pursuant to San Bernardino County Codes enforced by San Bernardino County Mosquito and Vector Control A Notice of Violation was issued by San Bernardino County Mosquito and Vector Control 4 The continued noncompliance creates a public nuisance in that the stockpile of debris (waste tires) are stored on the property such that they are visible from a public street The stockpile is highly visible from Barton Road, the City's main entry point into the City, and adjoining properties The visibility of the large stockpile of waste tires impact the aesthetics of the community 5 Based upon the above findings and determinations, this City Council hereby revokes Administrative Conditional Use Permit 05-07 pursuant to Section 18 84 070 (Revisions and Modifications) and Section 18 83 080 (Revocation) of the Grand Terrace Zoning Code !} PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 25th day of April, 2017 AYES NOES ABSENT ABSTAIN ATTEST Cynthia A Fortune Deputy City Clerk Darcy McNaboe Mayor Q Page 4 of 4 Packet Pg 255 AGENDA REPORT MEETING DATE Apnl 25, 2017 Council Item TITLE Award Contractor Agreement to Pavement Coatings Company for Street Slurry Seal Project PRESENTED BY Alan French, RECOMMENDATION 1 Award a Contractor Agreement to Pavement Coatings Company for Street Seal Project 2 Authorize the City Manager to Execute the Agreement and Any Change Orders 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure BACKGROUND On November 15, 2016, the City Council approved a 5-Year Capital Improvement Program (CIP) that includes a Pavement Management System (PMS) The PMS evaluates existing road conditions and assigns a Pavement Condition Index (PCI) number to the streets To maximize use of existing funding sources, the PMS includes slurry seal of streets with mid -level PCI (40-70) to preserve the life of those streets an additional seven years, on average Year 1 of the CIP includes slurry seal of approximately 83 streets From the first bid opening for the Street Slurry Seal Project in March of 2017, one bid was non -responsive and the remaining bids were over -budget Therefore, On March 28, 2017 the City Council rejected all bids and authorized staff to repackage and rebid the Street Slurry Seal Project with the new specification of Type II Slurry Seal material DISCUSSION On March 31, 2017, the City Clerk reissued a Notice Inviting Bids for the Street Slurry Seal Project The Notice Inviting Bids was posted to the City website, published in the Grand Terrace City News and sent directly to a bidder's list By the time of the bid opening on April 17, 2017, four (4) bids were submitted The companies and their total base bids are as follows Bid 1 All American Asphalt - Corona, CA $776,158 66 Bid 2 American Asphalt South - Fontana, CA --4$687,789 40 I Packet 09 256 L 20 Revised Measure I Fund $229,904 Balance ATTACHMENTS • Slurry Seal Bid Summary (PDF) • Contractor Agreement (PDF) • Pavement Coatings Bid 4 17 17 (PDF) APPROVALS Alan French Completed 04/18/2017 3 10 PM Finance Completed 04/19/2017 5 50 PM City Attorney Completed 04/19/2017 6 55 PM City Manager Completed 04/19/2017 3 42 PM City Council Pending 04/25/2017 6 00 PM u Packet Pg 2758 G8b CONTRACT AGREEMENT THIS CONTRACTORS AGREEMENT ("Agreement") is made and entered into this 25th day of April 2017, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and Pavement Coatings Company ("Contractor"), a California Corporation Scope of Services Contractor shall perform all the services as described as follows a) For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule of the City's Specification, in accordance with the Specifications and Drawings therefor, to furmsh at his own expense all labor, materials, equipment, tools and services necessary therefor, except those materials, equipment, tools and services as may be stipulated in said specification to be funushed by said City and to do everything required by this Agreement and the said Specifications and Drawings b) The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement c) In entering into a Public Works Contract for a subcontract to supply goods, services or materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S C Sec 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, ansing from purchases of goods, services, or materials pursuant to the Public Works Contract or the subcontract This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties 2 Term This Agreement shall be effective on the date first written above and the Agreement shall remain in effect for 60 days or until terminated as provided herein 3 Compensation/Payment Contractor shall perform the Services under this Agreement for the total sum not to exceed $655,851 33 Payment shall be made in accordance with Crty's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed The invoices shall be delivered to City at the address set forth in Section 4, hereof 4 Notices Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows ToT v Eff To r d 0 aL d co L L co d a� w Cn w. a Packet Pg 260 G8b contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits 12 Indemnifications 12 1 Indemnity Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemmfy and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or o cost, including attorneys' fees, which arises out of or is in any way connected with the a` performance of work under this Agreement by Contractor or any of the Contractor's N employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance _3 of this Agreement, notwithstanding that the City may have benefitted from their services W r This indemnification provision shall apply to any acts or omissions, willful misconduct or 0- negligent conduct, whether active or passive, on the part of Contractor or of Contractor's W employees, subcontractors or agents CO) 12 2 Attorney's Fees The parties expressly agree that any payment, attorneys' fees, N costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense d or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement o, 13 Insurance 13 1 General Provisions Prior to the City's execution of tlus Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverage's in the types, limits, forms and ratings required herem The rating and required insurance policies and coverage's may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law 13 1 1 Limitations These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 12 hereof 13 12 Ratings Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A- or higher and a Financial Class of VII or higher 13 13 Cancellation The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid 1314 Adequacy The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by D-3 Packet Pg 262 G8b behalf of the named insured for the City of Grand Terrace 13 4 Subcontractors' Insurance Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverage's Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability Upon City's request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverage's required by this section 14 Business Tax Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5 04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of tlus Agreement 15 Time of Essence Time is of the essence for each and every provision of this Agreement 16 City's Right to Employ Other City reserves the right to employ other in connection with the Services 17 Solicitation Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement 18 General Compliance with Laws Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by Contractor pursuant to this Agreement Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations 19 Amendments This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City 20 Termination City, by notifying Contractor in writing, shall have the right to terminate any or all of professional's services and work covered by this Agreement at any time, with or without cause In the event of such termination, Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 16 and 21 hereof In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City NR Packet Pg 264 G8b 25 Nondiscrimination During Contractor's performance of this Agreement, Contractor shall not discrumnate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement 26 Severability Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or o restriction of this Agreement, and the remainder of the Agreement shall continue in full force and °- effect af°i /} U) 1 L 27 Authority The individuals executing this Agreement and the instruments referenced herem 3 on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof L r Cn 28 Entire Agreement This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement 29 Interpretation City and Contractor acknowledge and agree that this Agreement is, the product of mutual arms -length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement 291 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms References to section numbers are to sections in the Agreement unless expressly stated otherwise 29 2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement D-7 Packet Pg 666 G8b GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 101 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents 102 ENGINEER The word "Engineer" shall mean the Director of Public Works or individual authorized by the City to oversee the execution of this Contract, acting either directly or through properly authorized agents, each agent acting only within the scope of authority delegated to him by the Engineer ,1 03 CONTRACTOR The word "Contractor" shall mean the party entering into Contract with the City for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents 104 SUBCONTRACTOR The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for performance at the site of the work, of any part of the Contractor's obligation under the Contract The Contractor, shall in his bid offer, set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime 'Contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total bid (b) The portion of the work which will be done by each such subcontractor under this contract shall be listed individually The prime Contractor shall list only one subcontractor for each such portion as is defined by the prime Contractor in his bid E-1 a Packet Pg 668 G8b i conformation or increase its strength 112 ROADBED That portion of the street included between the outside lines of curbs or paving 1 13 STANDARD PLANS Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department of Transportation 1 14 SURFACE COURSE The top layer of pavement (exclusive of open graded A C ), designed to provide structural values and a surface resistant to traffic abrasion 1 15 TRAVELED WAY That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes Where traffic has been diverted or restricted to certain lanes, with the approval of the City Engineer, these diversions or restricted lanes become the traveled way 116 RIGHT-OF-WAY Includes City of Grand Terrace Public Right -of -Way and City of Grand Terrace Public Easements r. E-3 .r Q Packet Pg 270 G8b drawings on various items using a single transmittal, will be permitted only when the item taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole (d) Within 15 calendar days after receipt of said prints, the Engineer will return prints of each drawing to the Contractor with his comments noted thereon It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of drawings The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second transmission (e) If 3 prints of the drawing are returned to the Contractor marked "NO EXCEPTIONS TAKEN", formal revision of said drawing will not be required (f) If 3 prints of the drawing are returned to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision of said drawing will not be required (g) If one print of the drawing is returned to the Contractor marked "AMEND - RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer (h) If one print of the drawing is returned to the Contractor marked "REJECTED - RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer (1) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent shop drawings and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or "AMEND - RESUBMIT" Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor's having to make the required revisions to shop drawings (unless review by the Owner or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the Owner's delay in review actually resulted in a delay in the Contractor's construction schedule) The review of said drawings by the Owner will be limited to checking for general agreement with the Specifications and Drawings, and shall in no way relieve the Contractor of responsibility for errors or omissions contained therein nor shall such review operate to waive or modify any provision contained in the Specifications or Contractor drawings Fabricating dimensions, quantities of material, applicable code requirements, and other Contract requirements shall be the Contractor's responsibility 206 REFERENCE TO STANDARDS OR PUBLICATIONS E-5 co co N c d E 0 L CM `0 0 �a c 0 U m t 0 M w a Packet Pg_ 272 G8b _ SECTION 3 - ENGINEER -CONTRACTOR RELATIONS 301 ENGINEER'S AUTHORITY (a) The Engineer will decide all questions which may arise as to the quality and acceptability of materials and equipment furnished, work performed, rate of progress of the work, interpretation of the, Specifications and Drawings, and all questions as to the acceptable fulfillment of the Contract by the Contractor (b) Any difference which may arise between the Contractor and any other contractors also under the surveillance of the Engineer will be arbitrated by the Engineer, however, the Engineer will not arbitrate disputes between the Contractor and his subcontractors o L 302 ARBITRATION d Any controversy or claim arising out of or relating to this Contract which cannot L ; be resolved by mutual agreement shall be settled by arbitration in accordance co with the rules of the American Arbitration Association 303 RIGHT-OF-WAY r Cn M �J (a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the Owner as shown on the Drawings Nothing contained in the = Specifications or Drawings shall be interpreted as giving the Contractor exclusive E occupancy of the lands or right-of-ways provided Any additional lands or right-of-ways required for construction operations shall be provided by the a Contractor at his own expense `o (b) Except as may otherwise be provided, the Contractor shall secure, from the r 0 r agencies having jurisdiction, the necessary permits to create obstructions, to 0 make excavations if required under the Contract, and to otherwise encroach upon right-of-ways, and present evidence to the owner that such permission has been granted, before work is commenced Regulations and requirements of all E agencies concerned shall be strictly adhered to in the performance of this Contract, including the furnishing of insurance and bonds if required by such a agencies The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation (c) The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline, any telephone, telegraph, or electric transmission line, fence, or any other structure, nor enter upon the right-of-ways involved until notified that the Owner has secured authority therefore from the proper party After authority has been obtained, the Contractor shall give said party due notice of his intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, E-7 Packet Pg 774 G8b not be liable for any consequences arising as a result of a service connection being incorrectly located in the field by the agency having jurisdiction over said service connection "--Notwithstanding any provisions to the contrary contained in Section 4215 of the California Government Code, the provisions of which are hereby waived by the Contractor " (e) All costs involved in removing, relocating, protecting supporting, repairing, maintaining or replacing a main trunkline or utility facility which actually constitutes a construction interference, when said utility is not shown with reasonable accuracy as an interference or is omitted from the Drawings, will be paid for by the Owner as extra work In such case, the Owner will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work The Owner's obligation to repair damage to such a facility and to compensate the ,Contractor for idled equipment shall not extend to damage resulting from the failure of the Contractor to use reasonable care (f) All costs involved in removing, relocating, protecting, supporting, repairing, maintaining or replacing any utility or service connection other than those described in Subsection (e) herein shall be borne by the Contractor (g) The Contractor shall not be assessed liquidated damages for failure to complete the work on time to the extent that such delay was caused by failure of connection to authorize or otherwise provide for its removal, relocation, protection, support, repair, maintenance and replacement (h) The City reserves the right, upon the determination of the actual position of existing utilities, and service connections, to make changes in alignment or grade of the Owner's pipelines when, by so doing, the necessity for relocation of existing utilities or services connections will be avoided Such changes will be ordered in writing by the Engineer Where applicable, adjustment in the Contract price will be on the basis of the unit prices stated in the Bidding Schedule Where unit prices in the Bidding Schedule are not applicable, adjustment in Contract price will be in accordance with Section 5 02 305 LINES AND GRADES (a) Lines and Grades shall be provided by the Owner to the extent specified in Special Provisions (b) The Contractor shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by his employees, he shall be liable for the cost of their replacement 306 LEGAL ADDRESS OF CONTRACTOR J E-9 a Packet Pg 276 G8b workmanship, and diligent execution of the Contract Such inspection may include mill, plant, shop or field inspection as required The Engineer shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated, and he shall be furnished with such materials, information and assistance by the Contractor and his subcontractors and suppliers as is required to make a complete and detailed inspection (b) Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer 1 (c) Except as otherwise provided herein, the cost of inspection will be paid by the Owner All inspection fees imposed by agencies other than the Owner shall be paid by the Contractor (d) The Engineer will make, -or have made, such tests as he deems necessary to insure that the work is being accomplished in accordance with the requirements of the Contract Unless otherwise specified in the Special Conditions, the cost of such testing will be borne by the Owner In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent retesting 310 ASSIGNMENT FORBIDDEN (a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his right, title, or interest therein, or his obligations thereunder, without the written consent of the Owner (b) If the Contractor violates the provisions of Subsection 3 10 (a), the Contract may be terminated at the option of the Owner In such event, the Owner shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination 311 SUBCONTRACTS (a) In the Owner's discretion, subcontracts may be permitted to such extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and without injury to the Owner's interests The resubletting of the work by a subcontractor shall be subject to the same r- E-11 d 0 aL R d co L Cn d L w Cn a Packet Pg 278 Gr8 b on definite commitment, as of the date the Contract is terminated, which would be needed in the work and which meet the requirements of the Specifications The value of the work performed and the cost of the materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for the making of the final estimate and payment as described in Section 5 08 314 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT FAULT) (a) The Owner may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor It shall be considered a default by the Contractor whenever he shall (1) declare- bankruptcy, become o insolvent, or assign his assets for the benefit of his creditors, (2) disregard or a`. violate important provisions of the Contract documents or Engineer's instructions, or fail to prosecute the work according to the approved progress schedule, or (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, 3 or materials or equipment meeting the requirements of the Specifications and N Drawings L (b) In the event the Contract is terminated in accordance with Subsection r U) 3 14(a), the Owner may take possession of the work and of all materials, tools, � equipment, and property of the Contractor, which have been provided in v } connection with the work, and may complete the work by whatever method or means he may select The cost of completing the work shall be deducted from d the Contract balance and the work completed in accordance with the Drawings d and Specifications If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the Owner If such cost is a less than the balance which could have been due, the Contractor shall have no r claim to the difference except to such extent as may be necessary, in the opinion of the Engineer, to reimburse the Contractor or the Contractors sureties for any expense properly incurred for materials, tools, equipment, property, and labor, c0 devoted to the prosecution of the work, of which the Owner shall have received r the benefit In computing such expenses, as it relates to equipment and d property, the salvage value at completion of the work shall be deducted from the = depreciated value at the time the Contract was terminated, and the difference a shall be considered as an expense a 315 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever (1) the entire work has been suspended in accordance with Section 3 12, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Contract has not been received from the Owner within this time period, or (2) the Owner should fail to pay the Contractor any substantial sums due him in accordance with the terms of the Contract and within the time limits prescribed In the event of such termination, the 1_:i[.1 i Packet Pg 280 G8b work Unless otherwise specified in the Special Provisions, neither the Contractor nor any subcontractor shall have any right, title, or interest in or to any such materials The Contractor will be permitted to use in the work, without charges, any such materials which meet the requirements of the Special Provisions and Drawings 405 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the Contract Even though equipment, materials or work required to be provided under the Contract have been inspected, accepted and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not in compliance with the requirements of the Contract up to the end of the maintenance and guarantee period (b) Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the Engineer as not complying with the requirements of the Contract shall be removed immediately by the Contractor to a satisfactory distance from the job site (c) If the Contractor shall fad to repair or replace unsatisfactory equipment, materials, or work, or to remove unsatisfactory equipment or materials from the - job site, within 10 calendar days after being ordered to do so by the Engineer, the Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned equipment or materials and the City will deduct the cost thereof from any monies due or to become due the Contractor 406 SOUND CONTROL REQUIREMENTS 407 RUBBISH CONTROL During the progress of the work, the Contractor shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish 408 DUST CONTROL The Contractor shall at all times conduct his work so as to avoid unnecessary dust He shall provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective 409 CHARACTER OF WORKMEN None but skilled workmen shall be employed on work requiring special qualifications When required in writing by the Engineer, the Contractor or any subcontractor shall discharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the E-18 co co c d 0 d L aM a L 0 0 L r 0 U c 0 E s 0 �a w a Packet Pg 282 G8b SECTION 5 - PROGRESS AND PAYMENT 501 BREAKDOWN OF CONTRACT PRICE Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a detailed price breakdown of any or all of his bid items for the work Such price breakdown shall include quantities, unit prices, and any other information required, in sufficient detail, to enable it to be used by the Engineer in preparing the monthly progress estimates The Contractor shall use the price breakdown form bound with Specifications if one is included 502 CHANGE ORDERS (a) The City may, as the need arises, order changes in the work through additions, deletions, or modifications, without invalidating the Contract Such changes will be effected through written change orders delivered to the Contractor, describing the change required in the work, together with any adjustment in Contract price or time of completion as hereinafter provided No such change shall constitute the basis of claims for damage or anticipated profits, however, the City will make reasonable allowance for the value of any work materials or equipment furnished and subsequently rendered useless because of such change Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract (b) No labor cost for move in and out of minimum charges, other than the hourly rate, shall be allowed for persons available from the force already on the job site Only the foremen directly supervising the job shall be included in the labor charges Labor rates for delays will be the actual costs Labor rates for extra work will be taken from the rates published periodically by the California Department of Transportation Equipment rental rates for delays and for extra work will be taken from the rates published periodically by the California Department of Transportation Move in and out or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the job site Right-of-way delay factors shown on the Equipment Rental Rates do not apply Copies of the prevailing Equipment Rental Rates are available from the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1900 ROYAL OAKS DRIVE SACRAMENTO, CALIFORNIA 95819 E-17 r d 0 a` �a d co Cn r d a� co M co T c d E 0 d a L u r c 0 U c m E 0 m w a Packet Pg 284 ,G8b 503 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality 504 EXTENSION OF TIME (a) - The Contractor may be entitled to an extension of Contract time (1) if the work has been suspended by the City, in whole or in part, or (2) Where weather or other circumstances occur which delay progress and which are clearly beyond the control of the Contractor, provided that, in either case, the Contractor is not at fault and is not negligent under the terms of the Contract The extension of time allowed shall be as determined by the City (b) To receive consideration, a request for extension of time must be made in writing - to the City stating the reason for said request, and such request must be received by the City within 10 days following the end of the delay -causing condition 505 LIQUIDATED DAMAGES (a) The Contractor shall pay to the City the amount of two hundred and fifty dollars per day, not as a penalty but as liquidated damages, if he fads to complete the work within the time agreed upon The period for which said damages shall be paid shall be the number of calendar days from the date of termination of any extension of time approved by the City The City may deduct the amount of said damages from any monies due or to become due the Contractor (b) The said amount is fixed and agreed upon by and between the Contractor and the City because of the impracticability and extreme difficulty fixing and ascertaining the actual damages the City would sustain, and said amount is agreed to be the amount of damages which the City would sustain (c) The Contractor will not be assessed liquidated damages for delay in completion of the project, which such a delay was caused by the failure of the City or the Owner of a utility to provide for removal or relocation of an existing unknown utility facility 506 PROGRESS SCHEDULES 4 a K Packet Pg 88 ] G8b (e) In the event the Contract is terminated, any funds due the Contractor and retained by the City in accordance with Subsection 5 07 shall become the property of the City to the extent necessary to repay to the City any excess in the Contract price above the cost of the work completed at the time of termination After issuance of notice of discontinued work, no further payments will be made to the Contractor for the work covered by the notice until completion of the work and final settlement has been made (f) Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the performance of the work described in the Contract agreement At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the Contract Securities eligible for investment under this Section shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit The Contractor shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon 508 FINAL ESTIMATE AND PAYMENT (a) When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, within said 5-day period, file a written statement of all claims which he intends to present If the Contractor delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay (b) Upon receipt by the City of the Contractor's written approval of said final estimate in accordance with Subsection 5 08(a), the City will certify physical completion of the work r (c) After acceptance of the work by the City and 35 calendar days after filing of the Notice of Completion, the City will pay to the Contractor the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the Contract, the City will make further partial payment in accordance with Section 5 07 (d) If the Contractor disagrees with the City's final estimate and files a written statement of his claims in accordance with Subsection 5 08(a), the City will issue, as a semi-final estimate, the proposed estimate submitted to the Contractor, and E-21 CO W N r c 0 E d W a� a `o 0 c 0 U r c d E z 0 0 r a Packet Pg 288 G8b- SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 601 FAITHFUL PERFORMANCE BOND Each bond which is written by an out-of-state bonding company shall contain the name, address and telephone number of an agent located in the State of California who is authorized to act for the bonding company The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the Contract The amount of this Faithful Performance Bond shall be reduced to 50% of the Contract amount or $500 00 whichever is greater and shall remain in full force and effect for one , 0- year from the date of the Final Notice of Completion to assure and guarantee against any o. defective materials furnished in the performance of the Contract 602 LABOR AND MATERIAL BOND a U) The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers and material -men under the Contract co t0 603 ADDITIONAL SURETY � If, during the life'of the Faithful Performance Bond, any of the sureties named in said bond w £ become insufficient in the opinion of the City, he may require the Contractor to furnish additional L sufficient sureties within 5 days of receipt of written order to do so In the event the Contractor a fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time o period, the City may suspend the work or terminate the Contract, and the Contractor shall have no claim for damages c 0 604 CONTRACTOR INDEBTEDNESS L) c d Indebtedness incurred for any cause in connection with this work must be paid by the s Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the Q City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness 605 UNPAID CLAIMS If, upon or before the completion of the work, or at any time prior to expiration of the period within which claims of lien may be filed of record, any person claiming to have performed any labor or to have furnished any materials, supplies, or services toward the performance of this Contract, or to have agreed to do so, shall file with the City a verified statement of such :WAI Packet Pg 290 G8b (f) Scope of Insurance - The insurance required under Subsections (c) and (d) hereof, shall provide adequate protection for the Contractor and his subcontractor's respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies The insurance coverage should contain the following provisions "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy It is further agreed that the other insurance conditions of the policy are amended to conform therewith " All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective All liability insurance shall cover comprehensive general and automobile �) liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits Bodily injury (including death) $1,000,00 each person, $1,000,000 each occurrence Property Damage $500,000 each occurrence, $1,000,000 aggregate Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff The Contractor shall be responsible for all injuries or damages to any portion of the work occasioned by the above causes and he shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work (g) Proof of Insurance - The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies Such certificates shall also contain substantially the following statements "The insurance covered by this certificate will not be cancelled or materially altered, except after 30 days written notice has been received by the City " E-25 Packet Pg 292 G8b 610 SALES AND USE TAXES The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities on materials furnished by the Contractor in performance of the work 611 PATENTS AND COPYRIGHTS The Contractor shall indemnify and save harmless the City and its officers, agents, and r employees, against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the Contractor or any of his subcontractors in the performance of the work 612 Reserved 613 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special Provisions For convenience to the Contractor to comply with the other provisions of this section, the following telephone numbers are listed Fire Department 909-825-0221 �- Sheriff Department 909-824-0680 Courtesy Ambulance Service 909-884-3155 RTA 909-682-1234 Colton Unified School District 909-976-4110 If the above telephone numbers are changed, the Contractor is not relieved of his responsibility of notifying the various departments 614 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements of local and State health departments 615 FEDERAL SAFETY AND HEALTH REGULATIONS (a) Contractors and subcontractors shall comply with the provisions of the Safety and Health Regulations for construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C F R (b) Contractors and subcontractors shall comply with the provisions of the Occupational Safety and Health Standards, promulgated by the Secretary of Labor under the "Occupational Safety and Health Act of 1970," as set forth in Title 29 C F R E-27 d 0 L a m d 3 Cn r a, L r U) Packet Pg 294 1) ' G8b 704 WORKING HOURS (a) The Contractor shall comply with Chapter 8 108 G T M C restricting work between the hours of eight p m and seven a m weekdays, including Saturday or at any time on Sunday or a National Holiday (b) The Contractor shall comply with all applicable provisions of Sections 1810 to 1817, inclusive, of the California Labor Code relating to working hours The Contractor shall, as penalty to the City, forfeit $25 00 for each workman employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the above -mentioned Sections of the California Labor Code 705 PROTECTION OF WORKERS IN TRENCH EXCAVATION Contractor shall comply with all of the requirements of California Division of Industrial Safety The protection of workers must meet the requirements of Construction Safety Orders 7 06 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM CERTAIN ACTS OF GOD As provided in Sections 4150 and 4152, inclusive, of the California Government code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God in excess of five percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the attached plans and specifications The Contractor shall obtain insurance to indemnify the City for any damage to the work caused by an Act of God if the premium for said insurance coverage is not called for as a separate bid item in the Bidding Schedule for the work For the purpose of this Section, the term "Acts of God;' shall include only the following occurrences or conditions and effect, earthquakes in excess of a magnitude of 3 5 on the Richter Scale 707 NOTICE OF COMPLETION As required by the Civil Code, and within ten calendar days after date of acceptance of the work by the City's governing body, the City will file, in the County Recorder's Office, a Notice of Completion of the work 708 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the d 0 a` d co co d d E-29 PacketP9 296 ,G8b PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1 2 Preservation of Property Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be `modified/relocated, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor's operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor's operations the Contractor shall replace same with the same plant species and size Existing grass lawns within areas that must be excavated and/or re -graded shall be replaced with grass sod in kind Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod SPA 2-0 Packet Pg 298 G8b SECTION 84 - TRAFFIC STRIPES AND PAVEMENT MARKINGS_ 84-1 GENERAL 84-1 02 Materials Traffic stripes and pavement markings shall be thermoplastic and curb marking shall be paint unless otherwise shown on the Plans Contractor shall repaint any curb markings removed by construction under this contract 84-1 03A Tolerances and Appearance The Contractor shall furnish the necessary control points for all striping ,and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than '/- inch in 50-feet from the specified alignment When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint Spotting shall be completed prior to the removal of any existing stripes Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by wet sandblasting per Section 15-2 02C, "Remove Traffic Stripes and Pavement Markings," and Section 15-2 02D, "Remove Pavement Markers," of the State Standard Specifications 84-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-2 02 Materials Traffic striping shall be thermoplastic including crosswalks, arrows, and other pavement legends S P-3 d 0 a �a d co U) d ;v Cn Packet Pg 000 G8b� SPECIAL PROVISIONS SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS All equipment, materials, and components for installation of solar powered flashing beacons shall conform to the 2010 Caltrans Standard Plans and Standard Specifications, Section 86, "Signals, Lighting, and Electrical Systems," except as noted in the Special Provisions and on the Plans These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520 86-1 GENERAL 86-1 03 Cost Breakdown The cost breakdown shall be submitted to the Engineer in conjunction with equipment list and drawings 86-1 04 Equipment List and Drawings The equipment list shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval Materials lists, manufacturer's data, brochures, technical data, etc , shall \" be labeled and identified, and shall be submitted in bound booklet form The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer Said materials lists and samples shall be the basis for approval or rejection of work 86-1 05 Warranties, Guarantees, and Instruction Sheets The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him The Contractor shall make, at the Contractor's expense, any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications The Contractor shall make all, repairs and replacements promptly upon receipt of written orders from the Engineer If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost S P-5 r U 0 L a �a d L 3 U) a+ d L r a Packet Pg 302 ,G8b of the State Standard Specifications, is superseded by the following Payment for the installation of solar powered flashing beacons shall be included in the price bid_ for each solar powered flashing beacon installation as shown on the Plans, and no additional compensation will be allowed therefor S P-7 Packet Pg 304 aainseail Jatdaa ueyleN 1ielajoas i4suaonVy wol luapIsaJd aoin piwyaS LULL luapisaJd 'plod bno0 u011eJod-100 SEA 10 sJ83WO Ile 10 Saltq pue saweu jo dlysiauped-oo jo saagwaw Ile Io sesseippe pue SaweN luapisa'd 31111 aweu ad4l .to Iuwad pjo_ no(] am;eu61S AS (ap MEWCMT 3NOHd3l31 ti WE-8Z t L Z9L16 VD 'Aallen edrunr deM auienaS UBS Ot ZOI 00 s6u11e00 luawahed 3NOHd V SS3�AQOd'3V4VN S,830018 e1UJo111e0 }O 81e1S 941 japun pejelodioow uoijejodioO WETS Eli"OdaOO (algepene p) ON 3SN3011 SS3NISf18 Ain ON 3SN3O11 S.NOlOVHINOO 31`d1S Attachment Pavement Coatings Bid 417 17 (2163 Street Slurry Seal Project) 31V0 s7 co no P� S'n Q9) -o d cc w 0 CO V'0 anN3AV 3101HO Ol 3nN3Av u3I81:IVM wow `T7 133HIS IVNIa21V3 L] HOIVW 133d Ol 683>12MW IN3W3AVd 03SIV8 0NV ONWIa1S 1N3W3AVd bOfi`TE 38vnOS 3OVId3a aNV 3AOV498 nv3S munIS II 3dAi / IV3S MOVMO aVOM NOIHV8 0113sms N321WIOOW �� ►^ 7 � 1.332ItS IVNVO � � HOIV" Ol SHEINUHW IN3W3AVd 03SIVH i33d 9£T`ST aNV JNldlZIIS 1N3W3AVd 3MVnOS 3OVId3a ONV 3AOW3H nVAS £ A2wn'Is II 3d U / WEIS >IOVUO 133HiS VINOIDIA 013nN3AV NONa3A IW WOHA Z `� r 133HIS TdNVO r� �{,V,1l HOiVV4 1333 OZT`LS Ol Sa3>IHVW IN3W3AVd 03SIVU Elmvni)s aNV EJNIdl US 1N3W3AVd 33VId3M CINV 3AOW3a nV3S Z 1, ANNnis ll 3dA1 I IV3S NOV80 3nN3AV 1nNIVM Oi 3nNMV VaN31AIA WOHA 3nN3AV SNan9 HOiVY9 Ol SUBM8VW iN3W3AVd 03SW 133d 0S$`iT 0NV ONIdMS 1N3W3AVd 32iVnOS 3OVId3M ONV 3AOW31d nvis I AHHMS II 3dAl / IV3S MOVZIO OvS 3a InO 01133HIS NII>INVH:l WOW IanOO !JNINMOH8 HOLM 133d T LT `L Ot S213>IaM 1N3MAvd 03SIVb 3aVnOS aNV 0NIdIalS 1N3W3AVd 30VId3a ONVd 3AOW321 nv3S 4l, A21anis II UAL / IV3S M3VMO 133111E NO1S3Hd 01133111S S3WVHl WOHA dl 133HIS a00M1N3HS HO1VW 1333 09V9£ Ol Sa3>INVW iN3W3AVd a3SIV11 3adnos aNV ON1dIbIS iN3W3AVd 3OV1d311 aNV 3AOW3H nV3S 6 mun1S 113dAi / IV3S NOVaO Attachment Pavement Coatings Bid 417 17 (2163 Street Slurry Seal Project) e7 CO C s FM w 133HIS NOIIVAH3SBO 01 133HIS H31ISIHM W0HI . 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Z6L'L 01 Sa3Na`dW 1N3W3At/d 03S" 3adnos ONb ONId1a1S 1N3W3Add 30VId3a ONd 3AOW3a nt/3S lz manlS II 3dAl / Td3s movio Attachment Pavement Coatings Bid 417 17 (2163 Street Slurry Seal Project) i 17 CO M RYA 9-0 3N2la • �..t[� r� VNONIW 013AING SS11HV W021d 7 133HIS NOISONIH HO1VW 1333 t g8`OZ Ol SHMOA W 1N3W3AVd a3MU 3avnOS GNV ONIdIUS IN3W3AVd 30V1d3U aNV 3AOW3U /1V3S 8£ A8I inlS 11 UAI / -IV3S )IOVU3 Ovs C 313'InO 013nN3AV 033H woad 109,C) 0LC) t 1. 133HIS QIMUN3N HOldW 1333 ZiI,9 Ol S83N2 M 1N3W3Avd a3SIV21 38VnDS ONV ONIdIHIS 1N3W3AVd 30V1d3a aNV 3AOW3H /lV3S L£ ,kumniS n UA1 / lV3S AOVUD iMUS d0 ON3 013nN3AV 1VOSVd WOW 13auis a131d1N3M HO1VW 1333 b8T`S Ol Sa3MHVW IN3W3AVd 03SIVa awnciS aNV MUMS 1N31N3AVd 33VldMI aNV 3AOW3M /lV3S gE ANHnis II 3dA1 / 1V3S HOV83 aN3 3 OVS 3a inO 013AINO N011MOSSO WOHA lS IVnOO N3SN3r 1 1� HO1VW 1333 9ES,ZZ Ol Sa3)4MM 1N3W3AVd 03SIV8 3aVnOS aNV ONUNIS 1N3W3AVd 30VldsH aNV 3AOmm /lv3S 5£ Aa21n1S II 3dJLL / IVSS NOV2I0 133HIS a00AAl s3M 01 OVOM NOIHV9 WOW 3N2IO 'i i1W A3NOH WOlb`W 1333 091,0Z Ol Sa3>18M 1N3W3AVd (33SW 3UVnt)S ONV ONIdINiS 1N3IN3AVd 3OV1d3N aNV 3AOIN3H rTV3S V£ Abunis II 3dAl / 1V9S NOVNO ama 11IW k3NOH Ol 0VS 3a ln0 W021d LsnOO 111H AMOH HO1VW 1333 Z£0,b 01 SU3>IMVW 1N3W3AVd a3sivu 3Nvnos aNV ONWINIS IN3W3AVd 30V1dEIN aNV 3AOWSU /lV3S £E msms II 3dA1 / 1V3S NOVaO Attachment Pavement Coatings Bid 417 17 (2163 Street Slurry Seal Project) i� CO W. 5 f 7S 17 CL( _0 133a1S N3an8 NvA 01133H1S AHH38 30 WOHd n ��� 133a1S NOLLVA113SBO r 'O (� 1 HOlt/W 133j 09Ibb 01 SUZJAWW 1N3W3AVd 03SIVa amos aNV ONI&HIS 1N3W3AVd 3OV1d32I ONV 3AOW3M nv3S 09 AMMnIS II 3dAl / IV36 MOVMO 3AIM0 ` NOA Ol 3A1a0 NHnawd woad O �O L— ll o AVM MOW HO1VW 133d 8b9,L SM 01 MUM iN3W3AVd a3MId 3avnDS aNV ONWIM1S1N3W3AVd 33Vld3M ONV 3AOW3M nv3S 6b AklUMS II 3dAl / lV3S MOVMO 3AIH0 NHneumi 01 J 33HIS NOISOMM Woad AVM wVIalw HO1VW 01 SM3NMVW 1N3W3AVd 03SIVH 1331 896'S£ 3Mvnos ONV ONIdWIS 1N3W3AVd 30Vld3a aNV 3AOW3M nv3S 8y A2ianlS it 3dAl / lV3S NOVMO 133HIS NMNVHd Ol 133a1S MUM NVA WOHd 3nN3AV OOVaIW HO1VW Ol SkJ3MMVW 1N3W3AVd a3SIVM 133d bZ9`0£ aNV ONIdIHIS 1N3W3AVd 3MvnoS 3OVld3M (INV 3AOW3M nv3S L� AMMnlS II 3d)LL 1 lV3S XOVMO 133MS AMM38 30 01133a1S XIVd Yl WOW 3nN3AV OOVUIW HO1VW 133d b86`£T Ol SU3NMVW 1N3W3AVd a3SIVM 3MvnOs aNV 0NIdIM1S.LN3W3AVd 3OVld3M aNV 3AOW3M nV3S g� AMHnlS II 3dJLL I Was NOVHO 3nN3AV 13llIM 013nN3AV 1VOSVd WOHd 133111s su►vw HOlVW 133d 09611Z 01 SM3HMVW 1N3W3AVd a3SIVM 3MVnos aNV ONWIM1S 1N3W3AVd 3Ovld3M (INV 3AOW3a nv3S g}, AMMnis II UAL / lV39AOVMO Attachment Pavement Coatings Bid 4 17 17 (2163 Street Slurry Seal Project) OIL, LI ` . Oh as W, 3nN3AV WIVd 01 CIVOa NOINVO WOHA MUIS NO1S32id 133d bbE'6Z HOltlW aidwOS Ol Sb3X»VW 1N3W3AVd 03SIV8 ONV ONWHIS 1N3W3AVd 30VId38 ONV 3AOW3M nV3S Z9 A2 ums 113dkL / W3S XOV,83 adOa N012IVS 013AIWI N013 WOHA 133HIS NOIS3ad HOIMM1I 133d ZEb'bT 01 SUMIUVW 1N3W3AVd 03SIV21 38vnOS 0NV 9NWIMIS 1N3W3AVd 30V1d3a ONV 3AOW3H nV3S L9 mun1S 113d,U. I WETS XOV280 3AIM0 `� N013 01133211S d0 0N3 WOHA ,Q;ZIQ y a,, 7 13 US NOISMd 133d Z61'017 Ol sa3X2:MN 1N3W3AVd 03SIV8 mjvnos ONV 9NIMUIS 1N3W3AVd 3OVId3EI ONV 3AOW3a nv3S 09 JlaanlS 113d.0 / 1V3S XOV,80 OVS 3a ln0 01133HIS 3SIOV»Vd WOHA tanoo MOOOV3d HO1VW 133d 9TZ'EL Ol S83MWN 1N3W3AVd 03SIVi8 3Nvnos ONV 9NIdlaS 1N3W3AVd 3OV1d3U (3NV 3AOW3U MRS 69 ANHnis II 3dA1 / IV3S XOVUO 133vis )IMV1 Ol 133HIS N3»n9 NVA wow Oct IZ, ��` , 3nN3AV'IVOSVd HO1VW 133d 096'91 01 SU3)48VW 1NSMAVd 03SIVE 218WOS 0NV 9NWIHIS 1N3W3AVd 30VId3a ONV 3AOW32i nv3S 89 Aaan1S II 3dAL / iv3S XOvdo 133MIS OlOS 30 01133HIS XIVd VI WOMA L 3nN3AV IVOSVd 133d 9I9'YI HO1VW O-L S113MVW 1N3W3AVd 03SIVa 3avnos ONV 9NIdIH1S iN3W3AVd 30V1d3N ONV 3AOIN3a 11V3S L9 mmnis 11 3dki / IV3S XOV80 Attachment Pavement Coatings Bid 4 17 17 (2163 Street Slurry Seal Project) c) 00 Qt M. F Q7,- W m '0 w -0 3nN3AV MOM 01 3nN3AV NONM3A 1NnOW WO21d 133HIS MHn8 NVA HOlMN 133d 0889b 01 S213NavW 1N3W3AVd 03SIVU 3wrios ONV ONW81.S 1N3WSAVd 30V1d3N ONV 3AOW321 /1V3S �L k8Nnis 113du / lV3S MOV'dD 3AIMa NO13 1 ezo) � 01133211E dOOM1N3a8 WOW 133211S S3WVHl H0IVW 133d OZT'6 01 S83N21vW 1NAVY3AVd 03SIV8 3HvnOS ONV ONIdIHIS 1N3W3AVd 3OV1d3H ONV 3AOW3H nV3S £L k8unis II 3dA1 / 1V3S H0V83 133211S NIVW M O1 J 33HIS d0 ON3 WOH=I -Y 133211S HOIAV1 HOlVW 133d 8Z£'6G Ol Sa3M21VW 1N3W3AVd 03SIVU 3HvnOS ONV JNId1211S 1N3W3AVd 3OVld3U CINV 3AOW3H nV3S ZL Ab8n1S II 3dA1 / lV3S MOV80 3nN3AV 3101HO O1133HIS HOlna WO21d ��bl � 7 t l 133211S 213OVNV1 HO1VV11 133d 896'61 Ol S83H21VW 1N3W3AVd 03SIV21 3wrios ONV ONl IMIS 1N3W3AVd 30V1d321 ONV 3AOW3a /1v3S 6L AHunls II 3dA1 / lV3S >13VMO 133211S OOId Ol (aN3 H121ON) 0VS 3a'InO ! ZfL' �, L� 1 • T AVM OHn8NVS HOlVW 133d VIVIII 01 SN3>I NVW 1N3W3AVd 03SI" 321vricis ONV ONld1211S 1N3W3AVd 30V1d321 ONV 3AOW32! iIV3S OL A2121m1s II 3dA1 / 1V3S NOV80 13BUIS 31IIA3S M 013nN3AV NO1111 M WO21d c 3nN3AV 91Va3SON H01VW 133d OZT'6Z 01 SHEIM 1VW 1N3W3AVd 03SIVU 321vnOS ONV ONWIIUS 1N3W3AVd 30V1d3U ONV 3AOW321 nV3S 69 AH8MS II 3dA1 / lV3S MOV210 CO Attachment Pavement Coatings Bid 417 17 (2163 Street Slurry Seal Project) E 0 r G ME C PC AHM N3AVM 01 J33HIS 031d WOMA 3nN3Av 3VWIIM HDIVW Ol S83NZIVW 1N3W3A11d O3Slt/Z1 V� 133:1 b68,SZ QNd JNIAUS 1N3VGAVd 38vnOS 3Ovld3M ONV 3AOW3Zl 9E is AidwII 3dAl / Iv3S NOVHO J33HLS d0 ON3 013A1M0 "IIM A3NOH WOMB 133H. S OOOMLS3M to H01HW 7� 01 SaGMMVW 1N3w3AVd a3SI" ONUZLLS 1N3W3Avd 1333 #OL`0tr ONd :luvn05 30NId3H 014V 3AOIN38 nV3S 98 AZ1MmS 11 UAL / -1V3S MOVZIO J.33211S N3Mne NvA 01 J33211s WNIONVO Woad 3nN3AV M3 I HV HDIIM 133d Z61r ST 01 SN3MHVF41N3W3Add 03SIvt1 38WIDS ONV ONWIM1S 1N3W3Avd 3O` 1d3H QNb 3AOW3Zl nv3S t6 ki:wmS 113dA1 / It/3S mOt/ZIO 133M1S AMM38 30 01 133HIS Xlvd vl WOMB Qc Zi3l8M'dM l+,3nN3At/ tot� HO1dW 133d 008,9T 01 SZI3� HVV4 J.N3W3At/d 03SIV8 38vnDS ONd ONWIMIS 1N3W3AVd 3OV'ld3M ONv 3AOIN3M nv3S gg AUmnlS 113dA11 w3S NOv2UO a 3nN3Av SNMns 0m xv Ol 3nN3Av 3idvW WOMeI 3nN3Av VaN3UUA HOIVR 133d t zo't z 01 SZ13MHV1N 1N3W3Avd 03SIb21 awncis ONb ONWINiS 1N31N3At/d 30tnd3u aNV 3AOW3Z1 MRS Z$ AmunIS II 3d U i Itl3S NO"O 133M1S VH3O\1l 01 J33HIS 031d WOMB 3nN3Av VON31AlA HO1t/W 1333 0b8`SE 01 SZI3NZIM 1N31N3Avd 03SIb21 3Z1dnOS ONd JN1dl&S 1N3W3Avd 30V-1d38 ONd 3AOW9H rtV3S 68 ANUMS II 3dAl / Iv3S M3V'dO Attachment Pavement Coatings Bid 4 17 17 (2163 Street Slurry Seal Project) (438foJd IeaS AnnIS;aai;S CgLZ) L6 L6 ti p18 s6w;e03;uaua8ned ;uGwLI3B;;y N V M a Y V TECHNICAL SPECIFICATIONS a 1 This project shall comply with all applicable Greenbook and City standard specifications and details 2 Saw -cut & Remove Existing up to 8" deep and Construct Full -Depth Asphalt Repair a Description Including, but not limited to saw cutting, removing and disposing of existing asphalt pavement, base material and roots, grading, compacting, tack coat surfaces, constructing 8' asphalt pavement section, adjusting to new grade and/or replacing damaged utility boxes and water/gas valve covers and risers, traffic control and all appurtenant work Tree protection and root pruning shall be done as per specifications herein and under the direction of the Contractor's arbonst This item is for work to be done at various locations marked in the field by the City 3 Furnish & Place Type-11 Slurry Seal a Description Including, but not limited to weed killing, crack cleaning and routing with compressed air and/or mechanical router, crack filling with hot bituminous material, removal of all painted and thermoplastic striping and legends prior to the placement of the Type -II slurry seal, street sweeping, application of Type -II slurry seal per the SSPWC, rolling the slurry surface with a rubber tire roller using adequate passes to embed the slurry to the pavement and to accelerate curing time' traffic control and all appurtenant work 4 Restore Pavement Striping & Markings in Thermoplastic to Match Existing per Greenbook standard specifications. a Description Including, but not limited to the application of solid or dashed thermoplastic striping and pavement markings per the Greenbook to match existing, and as specified in Section 214 of Greenbook Specifications Thermoplastic shall be of an alkyd base material The contractor shall mark "cat tracks" for stripe locations for the Engineer to approve prior to installing thermoplastic striping Cat -tracks shall duplicate the striping plan that existed prior to the resurfacing 5 Rate of Application of Slurry Seal material shall be per Greenbook standards C-5 (;Oafoad leas /VinlS;aaa;s £96Z) L6 L6 17 pie s61.111e03;u9w8ned ;uawy3e;;y C� N c"M a Y BIDDER'S INFORMATION a BIDDER certifies that the following Information is true and correct Bidder's Name Pavement Coatings Co Business Address 10240 San Sevaine Way, Jurupa Valley, CA 91752 Telephone (714) 826-3011 u State Contractor's License "A" No A-303609 C32 Original Date Issued 03/05/1976 Expiration Date o9/3o12o18 DIR Registration No The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal DOUG FORD, PRESIDENT 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752 714-826-3011 TOM MUCENSKI, SECRETARY 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752 714-826-3011 NATHAN BEYLER TREASURER 10240 SAN SEVAINE WAY JURUPA VALLEY CA 91752 714-826-3011 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows NONE All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows C-7 (;oafo.id leas fainlS;aagS £96Z) Ll, Ll, t, Pig s6u1;e00;u8u18ned ;uauiyoe;;d co V 00 coo IL r m Y C� iL CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 * See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signe of Notary) Signature of Document Signer No 1 Signature of Document Signer No 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of C Iifornia County of SUNSHINE ARMSTRONG rx Notary Public Caldornia it r ® Riveiside County Commissrun & 2169350 My Comm flDiIPS n 114 'O10 Subscribed and sworn to (or affirmed) before me on this �� day of , 20 by Date Month Year (and (2) ), Nameg of Signer(h proved to me on the basis of satisfactory evidence to be the person(A who appeared before me Signature Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Descnption of Attached Document Title or Type of Document Document Date Number of Pages _ Signer(s) Other Than Named Above ©2014 National Notary Association • www NatlonalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5910 00 0 438fo-Id leas A.ljn(S;aa.j;S £96Z) 14 14 ti pig s6ui;eoO;uawaAed 1uauty3e:1411y REFERENCES The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years Contract Annual Contract Client/Agency Contact Name/Title Years Type of Work Performed Amount Name Phone Number City of Claremont Slurry Seal Baseline Rd 016 Type Il Slurry Seal 554,740 00 8 Monte Vista Ave Vincent Ramos 909-399-5465 07 Havard Ave PO 880 Catremont CA 91711 CalTrans No 07-iW70D4 ,toe Doughley 2016 Slurry Seal 5513,226 80 aVeme 8 Pomona on 909 594-4270 oothtllBlvd 1657 Riverside Dr Redding Ca 001 2016 Type 18 If Slurry Seal 31998141 10 City of San Clemente Py 2016 Slurry Seal Proje t Gary voborsky 910 Calle Negociao, Ste 1110 949-361 6132 San Clemente CA 92673 2016 Type II Slurry Seal $269 400 00 City or Yucca Valley 16/17 Townwide Slurry Seal OJex Qrshte 7603691265 58928 Business Center Dr Yucca Valley CA 92284 CaltransNo 071W8704 Hector Arroyo 2016 Type 11 Slurry Seal 748 905 00 RT 23 Near hlaribu Slurry Sei 1 818 974-8391 1727 301h St MS-43 Sacramento CA 95816 8041 C-10 Co 04 M tT IL m Ad v M a U CD (;oafWd IeeS Ajanlg;aai;S E91•Z) 16 LL to PIS s6ui;eoO;uauaaned ;uauiyoe:14V 502a) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE § 1189 :e�x�r.�:;c:ccr�c:cca.°..��•3.,..�.r�F..�,.:.P�,tcr.c,�e�a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of 4N A 0 ��.,. l0) On �_I , I_+ before me, Date ^)Here Insert Name and Title of the Officer personally appeared of Signer(,) who proved to me on the basis of satisfactory evidence to be the person(o whose name(s) is/arA subscribed to the within Instrument and acknowledged to me that he/soe/thlpy executed the same in his/hddth�ir authorized capacity(ieA, and that by hlsft r/th fitr slgnature(Pi on the instrument the person), or the entity upon behalf of which the personji acted, executed the instrument SUNSHINE ARMSTRONG Notary Public Caliloinia Riverside County i z 'i 'i Commission x ? 16u1150 = My Comm f .puey 1), i '4 )0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal Signature � C4 C Signatureof otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(tes) Claimed by Signer(s) Signer's Name O Corporate Officer — Title(s) U Partner — 0 Limited U General O Individual LJ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CJ Other Signer Is Representing Signer's Name n Corporate Officer — Title(s) ❑ Partner -- 0 Limited O General U Individual ❑ Attorney in Fact ❑ Trustee LJ Guardian or Conservator Crl Other Signer Is Representing ©2014 National Notary Association • www NationalNotaryorg • 1-800-US NOTARY (1-800-876-6827) Item #5907 tD a. m Y V A IL P (Mfoad jeeg AnniS pej;g CM) L6 L6 V PIS s6w4e0o4uewened WOM13e:14d M i IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned PRINCIPAL Pavement Coatings Company BY SEAL SURETY The Ohio CaJJW ty Ens n e Company 625 Maple K 4 1 BY Richard L Wells (Attorney -in -Fact) C-13 (;oafoid leeg /G.inlS;eeiIS £96Z) 1-6 L6 V PIS s6w1e00;uautaned ;uawyoe;;br CALIFORNIA ALL-PURPOSE ACKNOWLEDGiVIENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document State of California ) County of Orange ) On April 13, 2017 before me, Lynn A Slone, Notary Public Date Here insert Name and Title of the Officer personally appeared Richard L Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(!) whose name(;sii is/ar-8 subscribed to the within instrument and acknowledged to me that hefsheA-hey executed the same in hisfilte�ilsefr authorized capacity(as), and that by his/h eiYthw signature(% on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument LYNN A SLONE Notary Public California z Orange County m z Commission # 2134740 My Comm Ex Tres Dec 16 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Sign6ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Descnptton of Attached Document Title or Type of Document Number of Pages — Signer(s) Document Date Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name I_ Corporate Officer — Title(s) Partner -- i_ Limited LJ General Individual F1 Attorney in Fact i � Trustee f b Guardian or Conservator _1 Other Signer Is Representing Signer's Name 1� Corporate Officer — Title(s) f _ Partner — 1-1 Limited , 3 General E Individual 0 Attorney in Fact 3 Trustee ❑ Guardian or Conservator E) Other Signer Is Representing .tiz�z.�x. �asxe�-�c,^s�c^ryc,^sx�.z•e�s ©2014 National Notary Association - www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 1* M M im a 4) d Y V R a e MEETING DATE TITLE PRESENTED BY RECOMMENDATION AGENDA REPORT April 25, 2017 Council Item Update Ordinance for Revocable Encroachment Permits Alan French, 1 Conduct a public hearing, and 2 Find that the Ordinance is categorically exempt from CEQA review pursuant to CEQA Guideline Section 15301 (Class 1) 3 Waive further reading and introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIATO AMEND SECTION 12 04 060 (REQUIRED WHEN) AND ADD CHAPTER 1210 ( REVOCABLE ENCROACHMENT PERMIT) TO TITLE 12 (STREETS, SIDEWALKS &AND PUBLIC PLACES) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO PARKWAY ENCROACHMENTS 2030 VISION STATEMENT This staff report supports the following City Council Goals Goal #1 "Ensure our Fiscal Viability" by protecting the City from Potential litigation that is not the responsibility of the City Goal #2 "Maintain Public Safety" to ensure that our residents continue to enjoy an outstanding quality of life BACKGROUND The On May 24, 2016 the City Council reaffirmed the City's practice of denying encroachments in the Public Right of Way Per existing code there is no allowance for handling these requests for encroachments in the public right of way, which could be allowed as permitted through a revocable encroachment permit process On March 28, 2017 the City directed staff to provide updated wording to revise Chapter 12 of the Municipal Code to allow the issuance of Revocable Encroachment Permits and present an outline of a process by which the permit can be accepted, reviewed and either rejected or approved The staff has also prepared a draft procedure for implementing the issuing of a Revocable Permit, including a draft of the Revocable Encroachment Agreement [1a&i@i1111*11[•P►I Packet Pg 335 City Council Pending 04/25/2017 6 00 PM Packet Pg 337 G9a 12 10 080 - Criteria for Evaluation and Approval 12 10 090 - Demand for Removal - Cost 12 10 100 - Liability Insurance Required 12 10 110 - Permittee Responsible for Maintenance 12 10 120 - Modification and Revocation 12 10 130 - Time Limits - Expiration 12 10 010 - Revocable Encroachment Permits Adopted In order to establish procedures for the use of fronting property and allowance of residents to enhance the front entrances this permit, process and agreement for encroachments is adopted 12 10 020 - Defined A revocable encroachment permit consists of a discretionary approval by the public c works director, who has design review approval authority, to allow minor classes of construction in an otherwise unimproved, unused public right-of-way 12 10 030 - Permit Agreement Recording Revocable Encroachment Agreement shall be recorded with the office of the San Bernardino County recorder in favor of the adjoining property, and the Original copy shall be permanently maintained with the property owner 12 10 040- Application Contents An application shall be filed in a manner and on forms prescribed by the director of public works and shall be accompanied by the payment of a filing fee as prescribed by resolution of the city council The application form shall, at a minimum, contain the following information in a clear and legible manner suitable for recordation a) Legal description of the adjoining property deriving the potential c benefit of the encroachment, b) Other identifying information, including the property street address o and assessor's parcel number c) A description of the encroachment both in the form of a narrative and supplemental drawings showing the type, nature and extent of the encroachment, r d) An acceptable current title report, excerpt or grant deed that a establishes the legal ownership of the property in question, e) The identity and original, notarized signature(s) of the legal owner(s) of the adjoining property to be benefited as necessary to establish a legally -binding agreement and covenant that shall run with the title of the land, and f) Any other information that, in the opinion of the director of public Chapter 12 28 - Page Packet Pg 339 G_9 a d) It will not preclude public access, use or enjoyment of any area that has historically established such access, use or enjoyment, e) It is not precedent setting in nature to the extent that it creates a noticeable projection into the streetscape as established by existing construction and improvements on neighboring properties, and fl It does not create structures of unusual or unacceptable appearance, form, shape or height that detract from the general quality of the streetscape 1210 090 - Demand for Removal - Cost The permittee and any successors, assigns or future holders of interest in the land adjoining the encroachment permit benefit area shall be responsible for the removal, at no cost to the city of Grand Terrace, of such encroachments and restoration of the terrain within sixty days after receipt of written notice 12 10 100 - Liability Insurance Required The permittee and any successors in interest shall maintain adequate liability insurance coverage to terms and amounts established by the city council, and shall hold the city, its officers, employees and agents harmless from any incidents and c damages ansing out of the construction and maintenance in perpetuity 12 10 110 - Permittee Responsible For Maintenance A The maintenance, repair and upkeep of all structures and improvements, including landscaping, that have been approved under a revocable encroachment permit shall be the responsibility of the permittee or successor in interest Failure to maintain such facilities in good repair and to a reasonable prevailing standard, subject to the sole judgment of the city may be sufficient cause for the city to order removal of such structure at the owner's expense upon sixty days written notice 12 10 120 - Modification and Revocation The city council of the city of Grand Terrace reserves the right and option to order the a modification or removal of any encroachment at its sole discretion, provided, however, that before any permit is modified or revoked the beneficiary thereof is o notified of such intention and is provided with an opportunity to a hearing with the r approval authority E s 12 10 130 - Time Limits - Expiration a Construction of any improvements authorized by the design review approval authority pursuant to the procedure set forth herein shall be completed within a period of one year from the date of final design review approval authority action or ` . the approval shall automatically expire, unless extended by the director of community development for reasonable cause Chapter12 28-Page Packet Pg 341 G9a I, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 25th day of April, 2017, by the following vote AYES NOES ABSENT ABSTAIN City Clerk Chapter12 28-Page Packet Pg 343 G10 AGENDA REPORT MEETING DATE April 25, 2017 Councll & Successor Agency Item TITLE Revised 2011 Bond Proceeds Expenditure Agreement PRESENTED BY Cynthia Fortune, Assistant City Manager RECOMMENDATION (1) The City Council on behalf of the City and the Board of Directors of the Successor Agency on behalf of the Successor Agency approve the Revised Bond Proceeds Expenditure Agreement for the expenditure of excess 2011 Tax Allocation Bonds between the City of Grand Terrace and the Grand Terrace Successor Agency in the amount of $289,015 , (2) The City Council Adopt Resolution 2017-CC-XX, and (3) The Successor Agency Board adopt Resolution 2017- SA-XX 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensure Our Fiscal Viability," through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND The Grand Terrace Community Redevelopment Agency, prior to its dissolution, issued the following bonds 1 2011A Tax Allocation Bonds ($15,175,000), and 2 2011 B Taxable Tax Allocation bonds ($5,650,000) Below shows the summary of the sources and uses of the bonds Table 1 _Description 2011A TABs i 2011B TABs_� Prince-- ciple Amount of Bonds $15,175,000 $5,650,000 -Leess Issuance Costs ($383,539) ($154,989) Required Reserve Account ($1,280,894) ! 476 906!1 $13,510,567 ; $5,018,105� Net (Redevelopment Fund) In September 2015, the Dissolution Act was amended by Senate Bill 107 The amendment included provisions under section 34191 4 to remove the 2011 bond spending restrictions under certain conditions and by a certain formula The provisions Packet Pg 344 • The clean revised copy of the agreement where all highlights have been incorporated into the document 11 Once approved by the City Council and the Successor Agency, it will be submitted to the Oversight Board for their approval and subsequently, to the Department of Finance FISCAL IMPACT Staff recommends that City Council and Successor Agency approve the Revised Bond Proceeds Expenditure Agreement The proposed appropriations shown below were approved at the February 28, 2017 meeting and will be utilized with the revised agreement once it is approved Table 4 (Transfer) Fund Description_ Amount I I Transfers Out _ r 36 2011 TABs A&B Bond Proceeds Fund $289,015� Transfers In 78 p Protects Redevelopment Fund i v 289 015 Table 5 (Expenditure Accou 2011 78 76-175-250 Capital Protects Expenditure Account _ ATTACHMENTS • Resolution City Bond Exp Agrmnt (DOCX) • Resolution SA-1 Bond Exp Agrmnt (DOCX) • Revised Bond Proceeds Expenditure Agreement GT with highlights (DOCX) • Revised Bond Expenditure Agreement FINAL (DOCX) APPROVALS Cynthia A Fortune Finance City Attorney City Manager City Council Completed 04/19/2017 6 44 PM Completed 04/19/2017 6 44 PM Completed 04/19/2017 8 19 PM Completed 04/19/2017 7 20 PM Pending 04/25/2017 6 00 PM Packet Pg- 346 KG10a NOW THEREFORE, THE CITY OF GRAND TERRACE CITY COUNCIL DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS SECTION 1 The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution SECTION 2 The Bond Proceeds Expenditure Agreement, incorporated herein as Attachment A, is hereby approved and adopted in substantially the same form as shown in Attachment A by the City Council SECTION 3 The City of Grand Terrace and the Successor Agency are hereby authorized to execute said agreement subject to the approval by the Department of Finance SECTION 4 All legal prerequisites to the adoption of this Resolution have been satisfied SECTION 5 The respective executive officers of the City of Grand Terrace and the Successor Agency are hereby directed to take all necessary and appropriate acts to submit the Excess Bond Expenditure Agreement to the California Department of Finance, State Controller's Office, San Bernardino County Auditor -Controller, and any other applicable agency The executive officers are further authorized to perform all acts necessary and appropriate which may be required by the California Health & Safety Code This includes, but is not limited to the requirements set forth by the California Department of Finance, the San Bernardino County Auditor -Controller, or any other applicable agency SECTION 6 The City Clerk shall certify to the adoption of this Resolution PASSED APPROVED AND ADOPTED this 25th day of April, 2017 by the following vote AYES NOES ABSENT ABSTAIN Darcy McNaboe, Mayor _- ATTEST Packet'Og 348 o� 51 to ; w ca 0 W O O Q O n CD (D CL U) m x CD n c 1 CD D cQ m CD 3 CD D v n 3 CD J Attachment Resolution City Bond Exp Agrmnt (2172 Revised 2011 Bond Proceeds Expenditure Agreement) GY j 0 m �' G10b requirements NOW THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS SECTION 1 The Board of Directors on behalf of the Successor Agency finds that the above recitations are true and correct and, accordingly, are incorporated as a ,material part of this Resolution SECTION 2 The Bond Proceeds Expenditure Agreement, incorporated herein as Attachment A, is hereby approved and adopted in substantially the same form as shown in Attachment A by the Successor Agency SECTION 3 The City of Grand Terrace and the Successor Agency are hereby authorized to execute said agreement subject to the approval by the Department of Finance SECTION 4 All legal prerequisites to the adoption of this Resolution have been satisfied SECTION 5 The respective executive officers of the City of Grand Terrace and the Successor Agency are hereby directed to take all necessary and appropriate acts to submit the Excess Bond Expenditure Agreement to the California Department of Finance, State Controller's Office, San Bernardino County Auditor -Controller, and any other applicable agency The executive officers are further authorized to perform all acts necessary and appropriate which may be required by the California Health & Safety Code This includes, but is not limited to the requirements set forth by the California Department of Finance, the San Bernardino County Auditor -Controller, or any other applicable agency SECTION 6 The Successor Agency Secretary shall certify to the adoption of this Resolution PASSED APPROVED AND ADOPTED this 25th day of April, 2017 by the following vote AYES NOES ABSENT ABSTAIN Packet Pg 352 B 9 to J r N 03 0 0 Q 0 0 0 0 Q 0 m x m 0 0_ c 0 D CO a CD 3 rn D v 0 3 m 0 J Ca � a Attachment Resolution SA-1 Bond Exp Agrmnt [Revision 1] (2172 Revised 2011 Bond Proceeds Expenditure Agreement) G10 c G Section 34191 4(c)(1) of the Dissolution Law allows a successor agency that has received a Finding of Completion to use bond proceeds from bonds issued prior to 2011 for the purposes for which the bonds were sold, provides that such proceeds in excess of amounts needed to satisfy approved enforceable obligations shall be expended in a manner consistent with the original bond covenants, and further provides that such expenditures shall constitute "excess bond proceeds obligations" that shall be listed separately on the successor agency's Recognized Obligation Payment Schedule ("ROPS") H The Successor Agency received its Finding of Completion from the State of California Department of Finance (DOF) dated as of May 9, 2013 I The CRL pre -dissolution provided for, and the Dissolution Law post -dissolution continues to provide for, a cooperative relationship between sponsoring cities and N their redevelopment agencies, as well as their successor agencies who have assumed d the duties and obligations of the former redevelopment agencies Under CRL > Section 33220, a city may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects CRL Section 33220(e) N specifically authorizes a city to enter into an agreement with its redevelopment N agency or any other public entity to further redevelopment purposes Section 34178(a) of the Dissolution Law allows a successor agency and its sponsoring c city to enter into agreements, subject to Oversight Board approval under Section s 34180(h) of the Dissolution Law J The Successor Agency has and will have proceeds of its Community Redevelopment Agency of the City of Grand Terrace 2011 Tax Allocation Bonds (TABs) that are not otherwise obligated for a project or other enforceable obligation The Successor Agency desires to transfer such Excess Bond Proceeds (defined below) to the City to enable the City to expend or allocate such Excess Bond Proceeds for expenditures consistent with all applicable covenants of the 2011 Tax Allocation Bonds K The Successor Agency desires to transfer its Currents Excess Bond Proceeds to the City to enable the City to use or allocate such Current Excess Bond Proceeds in a manner consistent with the covenants of the 2011 Bonds and to undertake projects and programs that were not previously funded and obligated by the former Agency pre -dissolution or by the Successor Agency post -dissolution, or by the City pre- or post -dissolution The City Council and former Agency Board have found that the use of the Current Excess Bond Proceeds to fund various capital improvements within the Grand Terrace Redevelopment Project Area complies with CRL Sections 33445, 33445 1, and 33679 and other applicable law L In order to facilitate the use of the Current t-�i Excess Bond Proceeds consistent with all applicable bond covenants, the Successor Agency and the City have = -- negotiated this Agreement requiring the transfer of current and fittufe excess bond s r 2 a Packet Pg_ 356 G:10 c 24 'Enforceable Obligations" mean enforceable obligations, other than Excess Bond Proceeds obligations, as defined under the Dissolution Law 3 SUCCESSOR AGENCY OBLIGATIONS The Successor Agency shall have the following obligations under this Agreement 3 1 Current Excess Bond Proceeds The Successor Agency shall transfer to the City, as soon as practicable and no later than June 30, 2017, the Current the r r r o ^ * Excess Bond Proceeds currently held by the Successor Agency totaling „+ ^+ +^ ^aa $289,015 (as shown in the Department of Finance's (DOF) Determination Letter dated November 18, 2016 for ROPS 2016-17B v vx�aravxi�raa� ,�vvvruv uaavvufju�vu iv. uuy .vu.�vu, N ,2— eedsthat beeeme-a-vailable. thv^rm f repA , sale N ...I- imol 3 23• Projects Funded By Current--C-uTTQ-nt- Excess Bond Proceeds The y Successor Agency assigns to the City all responsibilities in relation to the administration and implementation of any projects or programs funded by c the the G u r r- e n t EiEeessCurrent Excess Bond Proceeds The Successor 0.. Agency assigns to the City all contracts entered into by the Successor c Agency post -dissolution or the former Agency pre -dissolution related to ° m the expenditure of the Current Excess Bond Proceeds and any activities to be funded by the Current Excess Bond Proceeds_; Q deeumepAs fer the20l1 Bends eh sl3-All le. r_-et-a}xedby ecesse Ageney The held by the trustee for the 2011 Bonds � =-of nioneys shall E t R 4 w a Packet Pg 358 G10c incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement 52 This Agreement is intended solely for the benefit of the City and the Successor Agency Notwithstanding any reference in this Agreement to persons or entities other than the City and the Successor Agency, there shall be no third party beneficiaries under this Agreement 53 All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties 6 SEVERABILITY If any term, provision, covenant or condition of this Agreement is held by a court of Q competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of > the parties have been materially altered or abridged by such invalidation, voiding or unenforceability In addition, the parties shall cooperate in good faith in an effort to N amend or modify this Agreement in a manner such that the purpose of any N invalidated or voided provision, covenant, or condition can be accomplished to the maximum extent legally permissible s J 7 DEFAULT If either party fails to adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder In the event of default, the non -defaulting party will have all the n ghts and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract or to seek specific performance The rights and remedies of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party 8 BINDING ON SUCCESSORS This agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law 9 NON -LIABILITY OF ' MEMBERS, OFFICIALS, EMPLOYEES ANGE AGENTS, NON -RECOURSE OBLIGATION m E .c v m 6 a Packet Pg 3 00 1 f / 00 d CD c d M Fc]) N Attachment Revised Bond Proceeds Expenditure Agreement GT with highlights (2172 Revised 2011 Bond Proceeds Expenditure Agreement) ro I G10d G Section 34191 4(c)(1) of the Dissolution Law allows a successor agency that has received a Finding of Completion to use bond proceeds from bonds issued prior to 2011 for the purposes for which the bonds were sold, provides that such proceeds in excess of amounts needed to satisfy approved enforceable obligations shall be expended in a manner consistent with the original bond covenants, and further provides that such expenditures shall constitute "excess bond proceeds obligations" that shall be listed separately on the successor agency's Recognized Obligation Payment Schedule ("ROPS") H The Successor Agency received its Finding of Completion from the State of Califorma Department of Finance (DOF) dated as of May 9, 2013 I The CRL pre -dissolution provided for, and the Dissolution Law post -dissolution continues to provide for, a cooperative relationship between sponsoring cities and their redevelopment agencies, as well as their successor agencies who have assumed the duties and obligations of the former redevelopment agencies Under CRL Section 33220, a city may aid and cooperate in the planning, undertaking, construction, Or operation of redevelopment projects CRL Section 33220(e) specifically authorizes a city to enter into an agreement with its redevelopment agency or any other public entity to further redevelopment purposes Section 34178(a) of the Dissolution Law allows a successor agency and its sponsoring city to enter into agreements, subject to Oversight Board approval under Section 34180(h) of the Dissolution Law J The Successor Agency has and will have proceeds of its Community Redevelopment Agency of the City of Grand Terrace 2011 Tax Allocation Bonds (TABs) that are not otherwise obligated for a project or other enforceable obligation The Successor Agency desires to transfer such Excess Bond Proceeds (defined below) to the City to enable the City to expend or allocate such Excess Bond Proceeds for expenditures consistent with all applicable covenants of the 2011 Tax Allocation Bonds K The Successor Agency desires to transfer its Current Excess Bond Proceeds to the City to enable the City to use or allocate such Current Excess Bond Proceeds in a manner consistent with the covenants of the 2011 Bonds and to undertake projects and programs that were not previously funded and obligated by the former Agency pre - dissolution or by the Successor Agency post -dissolution, or by the City pre- or post - dissolution The City Council and former Agency Board have found that the use of the Current Excess Bond Proceeds to fund various capital improvements within the Grand Terrace Redevelopment Project Area complies with CRL Sections 33445, 33445 1, and 33679 and other applicable law L In order to facilitate the use of the Current Excess Bond Proceeds consistent with all applicable bond covenants, the Successor Agency and the City have negotiated this Agreement requiring the transfer of current excess bond proceeds of $289,015 by the 4 Packet Pg 364 G10d entered into by the Successor Agency post -dissolution or the former Agency pre -dissolution related to the expenditure of the Current Excess Bond Proceeds and any activities to be funded by the Current Excess Bond Proceeds 4 CITY OBLIGATIONS The City shall have the following obligations under this Agreement 41 Current Excess Bond Proceeds The City shall accept, hold, disburse and administer the Current Excess Bond Proceeds of $289,015 transferred to the City by the Successor Agency under this Agreement The City shall retain any Current Excess Bond Proceeds that it receives, without any obligation to return such funds to the Successor Agency, and shall use or allocate such funds for uses consistent with applicable covenants of the 2011 Bonds The City may spend or allocate the Current Excess Bond Proceeds of $ 289,015 received or retained under this Agreement on any project, program, or activity authorized under the 2011 Indenture and the 2011 Tax Certificate Notwithstanding anything to the contrary in this Agreement, the City shall spend or allocate the Current Excess Bond Proceeds consistent with all covenants of the 2011 Bonds The City shall be solely responsible for ensuring that the Current Excess Bond Proceeds are maintained and spent (or allocated to expenditures) in accordance with all covenants of the 2011 Bonds and other applicable laws The City may transfer funds between approved projects, programs and activities The City hereby assumes all contracts entered into or assumed by the Successor Agency post dissolution or entered into by the former Agency pre -dissolution related to the expenditure of Current Excess Bond Proceeds and any activities to be funded by Excess Bond Proceeds, with the exception of those contracts relating to Enforceable Obligations, which shall be retained by the Successor Agency The City shall perform its obligations hereunder, and under such assumed contracts, in accordance with the applicable provisions of federal, state and local laws, including the obligation to com ply with environmental laws such as CEQA and/or NEPA, and shall timely complete the work required for each project commenced by the City pursuant to this Agreement and the 2011 Indenture and the 2011 Tax Certificate 5 ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS 5 1 This Agreement constitutes the entire understanding and agreement of the parties with .respect to the transfer and use of Excess Bond Proceeds This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement 52 This Agreement is intended solely for the benefit of the City and the Successor m Packet Pg 366 G10d judgment or execution thereon entered in any action 10 FURTHER ASSURANCES Each party agrees to execute, acknowledge and deliver all additional documents and instruments, and to take such other actions as may be reasonably necessary to carry out the intent of this Agreement In witness whereof, the undersigned parties have executed this Bond Proceeds Expenditure Agreement as of the date first above written "CITY" ATTEST Deputy City Clerk CITY OF GRAND TERRACE, a California municipal corporation Mayor "SUCCESSOR AGENCY" ATTEST Deputy Successor Agency Secretary 6 SUCCESSOR AGENCY TO THE GRAND TERRACE REDEVELOPMENT AGENCY, a public body corporate and politic Successor Agency Chair Packet Pg 3678 MEETING DATE TITLE PRESENTED BY RECOMMENDATION AGENDA REPORT April 25, 2017 Council Item Clean Street Sweeping Services 8 Month Report Sandra Molina, Planning & Development Services Director Receive and File 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure BACKGROUND Beginning March 1, 2016 the City contracted Clean Street through a bid process to provide street sweeping services throughout Grand Terrace City staff and the owner of Clean Street explored alternative methods of parking enforcement such as license plate readers on street sweeping vehicles to free up code enforcement resources DISCUSSION The Grand Terrace street sweeping program implemented a new program beginning March 1, 2016 City Code Enforcement, Sheriff's Department Deputies and Citizen's Patrol had previously followed the street sweeper and manually issued and placed citations on vehicles parked on the street during designated street sweeping dates City Code Enforcement became the single source of street sweeping enforcement in 2014, devoting 18-20 hours per month following the street sweeper and issuing citations The City sought bids for street sweeping services including the option to provide video camera services to record vehicles parked in violation during street sweeping days Clean Street was the only vendor that provided the option to use a high definition camera Clean Street purchased and installed a high definition camera and implemented the new program on March 1, 2016 The new camera and reporting system program allows the camera to capture the license plate, make and model of the vehicle and parking position on the street in violation of the parking requirements Clean Street provides a weekly report and camera footage to the Code Enforcement Officer who then reviews the video footage, verifies the violation, vehicle license plate and transmits the citation report to Data " Ticket, the City's citation processing vendor After receipt of the citation report, Data ' Packet,Pg 369 G11 There is no fiscal impact to the budget APPROVALS Sandra Molina Completed 04/13/2017 1 11 PM Finance Completed 04/17/2017 5 01 PM City Attorney Completed 04/17/2017 5 10 PM City Manager Completed 04/19/2017 5 17 PM City Council Pending 04/25/2017 6 00 PM F Packet Pg 371 �C, LoInIOn-�11 9Lp� VA** %'A e DATE NAME ADDREE CITY OF GRAND TERRACE CITY COUNCIL MEETING REQUEST TO SPEAK FORM M DECORUM AND ORDER — PUBI IC — The City elected by the public must be free to discuss issues confronting the City in an orderly environment Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room and such person may be barred from further audience before the Council -a5- HONE NUMBER (Please provide if informat n is being requested) a(�� Aye `i ,a � �� -I� (, mv- s AGENDA ITEM NUMBER YOU WISH TO AK ON tit V Ir or 1C-AY �6 u YD t�i' CAC - SUBJECT