10/11/2016CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● OCTOBER 11, 2016
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
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.grandterrace-ca.gov
<http://www.grandterrace-ca.gov>
CALL TO ORDER
Convene City Council
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Sylvia Robles
Council Member Jackie Mitchell
Council Member Doug Wilson
Council Member Bill Hussey
A. SPECIAL PRESENTATIONS – NONE
B. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
Agenda Grand Terrace City Council October 11, 2016
City of Grand Terrace Page 2
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 09/13/2016
DEPARTMENT: CITY CLERK
3. Approval of Check Register No. 09302016 in the Amount of $1,236,453.86
RECOMMENDATION:
Approve Check Register No. 09302016 in the amount $1,236,453.86, as submitted,
which includes the Check Register Account Index for Fiscal Year 2016-17.
DEPARTMENT: FINANCE
4. Approve the contract extension with ProGreen Building for FY 2016-2017 for Pre-
School Cleaning Services
RECOMMENDATION:
Staff is recommending that Council approve the ProGreen Building contract extension
for FY 2016-2017 for pre-school cleaning services in the amount not to exceed $12,240.
DEPARTMENT: CHILD CARE SERVICES
5. Freeway Maintenance Agreement with Caltrans
RECOMMENDATION:
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CA AUTHORIZING ENTERING INTO A MAINTENANCE AGREEMENT
WITH CALTRANS
DEPARTMENT: PUBLIC WORKS
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 any 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 Bill Hussey
Agenda Grand Terrace City Council October 11, 2016
City of Grand Terrace Page 3
Council Member Doug Wilson
Council Member Jackie Mitchell
Mayor Pro Tem Sylvia Robles
Mayor Darcy McNaboe
E. PUBLIC HEARINGS – NONE
F. UNFINISHED BUSINESS
6. City Council Approval of the Agreement for Taxing Entity Compensation for Disposition
of Property #4 Pursuant to the City of Grand Terrace’s Long Range Property
Management Plan
RECOMMENDATION:
1. Approve the Agreement for Taxing Entity Compensation (21992 and 21974 De Berry
Street and 21900 Block of Van Buren Street; and
2. Authorize the Mayor to Sign the Agreement.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
7. Second Reading of Zoning Amendments Related to the 2013-2021 Housing Element
RECOMMENDATION:
Read by title only, waiver further reading and adopt an ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN ADDENDUM TO
THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE
GENERAL PLAN AND ADOPTING ZONING CODE AMENDMENT 16-01 REVISING
TITLE 18 OF THE MUNICIPAL CODE AND ZONE CHANGE 16-01 REVISING THE
ZONING MAP IN CONFORMANCE WITH THE GENERAL PLAN HOUSING
ELEMENT AND LAND USE ELEMENT
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
G. NEW BUSINESS
8. Receive and File of an Access Easement for Public Trails from Denis Kidd
RECOMMENDATION:
Receive and File on a Proposed Public Access Easement from Denis W. Kidd Trust to
the City of Grand Terrace to Access Blue Mountain.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council October 11, 2016
City of Grand Terrace Page 4
9. Illegal Dumping at Terrace Ave - BNSF Railway Underpass
RECOMMENDATION:
Receive a report from staff regarding a request to close Terrace Ave at BNSF Railway
Underpass. Staff recommends denying the request.
DEPARTMENT: PUBLIC WORKS
H. CITY MANAGER COMMUNICATIONS
I. CLOSED SESSION – NONE
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, October 25, 2016 at
6:00 p.m.
Agenda item requests must be submitted in writing to the City Clerk’s office no later
than 14 calendar days preceding the meeting.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● SEPTEMBER 13, 2016
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor McNaboe called the City Council Meeting to order at 6:00 p.m.
INVOCATION
Invocation was given by Pastor Ezequiel Gallegos from Living Word Inland Empire
Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by, San Bernardino County Fire Department, Battalion
Chief Steve Lasiter.
ROLL CALL
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Sylvia Robles Mayor Pro Tem Present
Jackie Mitchell Council Member Present
Doug Wilson Council Member Present
Bill Hussey Council Member Present
G. Harold Duffey City Manager Present
Pat Jacquez-Nares City Clerk Present
Richard Adams City Attorney Present
Yanni Demitri Public Works Director Present
Linda Phillips Child Care Present
Sandra Molina Planning & Development Services Director Present
Cynthia Fortune Finance Director Present
Steve Lasiter Battalion Chief Present
Patrick O'Brien Lieutenant Present
Adreane Freeman Management Analyst Present
Haide Aguirre Planning Technicial Present
Eric Bougie Financial Analyst Present
A. SPECIAL PRESENTATIONS - NONE
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 2
B. CONSENT CALENDAR
Mayor McNaboe removed Items 5 and 7 for separate discussion.
APPROVED CONSENT CALENDAR ITEMS 1 THROUGH 4 AND 6.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED FULL READING OF ALL ORDINANCES ON THE AGENDA
2. Approval of Minutes – Regular Meeting – 07/12/2016
APPROVED THE MINUTES OF THE 07/12/2016 REGULAR MEETING
3. Approval of Minutes – Regular Meeting – 07/26/2016
APPROVED THE MINUTES OF THE 07/26/2016 REGULAR MEETING
4. Approval of Minutes – Regular Meeting – 08/23/2016
APPROVED THE MINUTES OF THE 08/23/2016 REGULAR MEETING
5. Monthly Financial Report for June 2016
Finance Director Fortune presented the PowerPoint Presentation for this item. She
further provided a verbal summary of the Child Care Center and informed Council that
staff would bring a comprehensive report on the Child Care Center in January.
Council Member Wilson requested clarification on the Child Care Center's deficit.
Finance Director Fortune stated that staff would bring back a comprehensive report on
the Child Care Center in January.
RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD
ENDING JUNE 30, 2016.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 3
6. Amendment No. 1 to the Maintenance Service Agreement Between the City of Grand
Terrace and Santa Fe Building Maintenance
APPROVED AMENDMENT NO. 1 TO THE MAINTENANCE SERVICE AGREEMENT
NO. 2016-40 BETWEEN SANTA FE BUILDING MAINTENANCE AND THE CITY OF
GRAND TERRACE TO EXPAND THE SCOPE OF WORK TO INCLUDE RESTROOM
CLEANING SERVICES AT THE ANNEX BUILDING.
7. Award of September 2016 Community Benefit Funds
Finance Director Fortune presented the PowerPoint Presentation for this item. She also
informed the Council and Community the date of the Community Benefits Fund
Workshop is October 20, 2016 at 6:00 p.m.
APPROVE THE AWARD OF $671.11 FROM THE CITY’S COMMUNITY BENEFITS
FUND TO THE TERRACE VIEW ELEMENTARY SCHOOL PTA TO COVER THE
COST OF EDUCATIONAL STUDENT ACTIVITY BOOKLETS FOR THE PTA’S RED
RIBBON WEEK.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
C. PUBLIC COMMENT
Bobbie Forbes, Grand Terrace resident, reported the coyote on Barton Road and
requested that someone trap this animal humanely.
Jeffrey McConnell, Grand Terrace resident, invited everyone to the Lion's 5k and 10k
run/walk on September 25, 2016.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone in attendance. He reported that he and
Mayor Pro Tem Robles attended the Colton Joint Unified School District Community
Cabinet meeting. He encouraged students to attend the College Career Fair on October
4, 2016 at the Gonzales Community Center in Colton. Council Member Hussey also
encouraged residents to attend Friday Night Lights High School football games. The
High School Band was having a pancake breakfast fundraiser at the Redlands
Applebee's $10 a plate.
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 4
Council Member Doug Wilson
Council Member Wilson stated that he appreciated all the people that volunteered their
time and service to enhance the community. He reported that Ashley Furniture would
lay-off 820 employees in their assembly office and he appreciated the effort that
Assembly Member Brown and community were doing to help these employees.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone in attendance tonight. She wished the
Mayor McNaboe and Council Member Wilson a happy belated birthday. She attended
two back to school nights one at the high school and the other at Terrace View
Elementary both events were great.
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles also wished a happy belated birthday to Mayor McNaboe and
Council Member Wilson. She attended her best friend's sister's wedding in New
Orleans. At this event, she was able to participate in a parade and was able to
reconnect with an old friend. Mayor Pro Tem Robles honored the memory of 9-11 in her
hotel room with her friends watching documentaries. She also mentioned a former San
Bernardino County resident, Cora Hidalgo, who was a passenger on flight 11.
Mayor Darcy McNaboe
Mayor McNaboe provided a written summary of her report as follows:
SANBAG - Board Meeting - September 7, 2016:
Consent - Administrative Matters
- Executive Director Employment Contract Amendment Approve Amendment No. 3 to
Employment Contract No. C12222 with Executive Director Raymond W. Wolfe. - Raise
and extension of contract until 2022.
- Merit Adjustments for Fiscal Year 2016/2017 Approve the inclusion of merit increases
in the adopted Fiscal Year 2016/2017 budget to be approved by the Executive Director
based on employee performance
Consent - Transit / Rail
- Receive Fourth Quarter Fiscal Year 201S/2016 Railroad Right -of-Way Grants of Use
Reports (April, May, June)
- Allocation of $94,000 of Rail Asset Funds for the removal of the Zanja Bridge in the
Railroad right of way.
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 5
- Approve an increase to San Bernardino Municipal Water District Purchase Order for
Downtown San Bernardino Passenger Rail Project by $7S,OOO for a new total of
$150,000.
- Approve Memorandum of Understanding No. 17-1001S72 with Southern California
Regional Rail Authority defining the roles and responsibilities related to a review of the
current cost allocation formulas used by the Southern California Regional Rail Authority
and committing $13,841 in SANBAG Valley Local Transportation Funds. Authorize a
budget amendment to the Fiscal Year 2016/2017 budget to Task 0314 Transit
Operations, Sub Task 0377 Metrolink Operating & Maintenance Subsidy, funded with
Local Transportation Funds - Valley.
- Award Redlands Passenger Rail Project - Construction Management Consultant
Services to AECOM for a five year term in an amount not to-exceed $17,380,0S8 to be
funded with Valley Measure I Metrolink/Rail funds.
Consent - Transportation Programming and Fund Administration-
- Approve Fiscal Year 201S/2016 Budget Amendment for Local Transportation Funds
Pass Through Funds increasing Task No. 0550-Programming by $6,720,000
- Transportation Development Act Unmet Needs Hearings - Adopt definitions of "Unmet
Transit Needs" and "Reasonable to Meet" and Set times, dates and locations for
Transportation Development Act Unmet Transit Needs Public Hearings.
- VVTA - Repeal Resolution No. 98-002 which set the required ratio of fares to operating
cost for Victor Valley Transit Authority at 15%.
Discussion - Regional I Subregional Planning
- That the Board receive a presentation from the South Coast Air Quality Management
District (SCAQMD) on the 2016 Draft Air Quality Management Plan (AQMP).
Discussion - Transportation Programming and Fund Administration
- Contract Amendment C14021-02 for the 1-40 Needles Connector Project That the
Board A. Allocate $218,000 in Colorado River Subarea Major Local Highway Program
funds to the City of Needles for the Needles Connector Project. B. Approve Contract
Amendment increasing the amount to $408,290. C. Approve a Fisca l Year 2016/2017
budget amendment to increase Sub-task 0516 MSI Mt/Desert Apportionment and
Allocation Fund in the amount of $175,000 from Measure I Colorado River Fund-Major
Local Highway.
Discussion - Transit/Rail
Southern California Regional Rail Authority Budget Amendment Allocation for Fiscal
Year 2016/2017 for Los Angeles Rams Pilot Program
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 6
A. Approve an increase in the Southern California Regional Rail Authority Fiscal Year
2016/2017 Operating Assistance allocation in the amount of $20,000 for a new total of
$14,860,000, to be funded with Valley Local Transportation Fund;
B. Authorize a budget amendment to the SANBAG Fiscal Year 2016/2017 Budget in the
amount of $20,000 to Task 0314 Transit Operations, Sub Task 0377 Metrolink
Operating & Maintenance Subsidy, funded with Local Transportation Funds for a new
task total of $16,513,816.
Mayor McNaboe also attended the Oversight Board meeting on September 7, 2016 and
unanimously passed the Amended Recognized Obligation Scheduled for 16/17.
She also attended the Grand Opening and Welcoming of the Living Waters Church
Inland Empire to Grand Terrace on September 11, 2016.
E. PUBLIC HEARINGS
8. Approval of Tentative Parcel Map 16-02 (Tentative Parcel Map No. 19384) and
Environmental 16-06 Located at 12569 Michigan Street
Mayor McNaboe opened the Public Hearing at 6:43 p.m.
Planning & Development Services Director Molina presented the PowerPoint for this
item.
Council Member Wilson asked if this project qualified for a partial map exemption. In the
future, he would like to have staff help qualify projects for partial map exemptions.
Planning & Development Services Director Molina answered that not in this case.
Council Member Wilson stated that in the future, he would like to have staff help qualify
projects for partial map exemptions.
Dennis Baxter, Executive Director of Habitat for Humanity, San Bernardino Area, spoke
in favor of this item and provided brief history of this project.
Council Member Hussey thanked Habitat for Humanity for making this possible for the
families. He also mentioned that the High School students wanted volunteer
opportunities.
Mayor McNaboe stated this was a great program that was not free. The owners were
going to pay their mortgages.
1. CONDUCT A PUBLIC HEARING, AND
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 7
2. ADOPT RESOLUTION NO. 2016-32 A RESOLUTION OF THE CITY COUNCIL
ADOPTING AN ENVIRONMENTAL EXEMPTION AND APPROVING TENTATIVE
PARCEL MAP 16-02 (TENTATIVE PARCEL MAP NO. 19384), A SUBDIVISION OF A
0.50-ACRE PARCEL INTO TWO SINGLE FAMILY LOTS LOCATED AT 12569
MICHIGAN STREET
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
9. Purchase Order for Honeywell Building Solutions
Management Analyst Freeman provided a brief summary of this item.
Mayor Pro Tem Robles stated that the staff report stated that only Honeywell could be
used.
Management Analyst Freeman clarified that the two other vendors did not meet the
City's needs.
Darren Lowrey, contractor that bid on project, stated his opposition to this item and
provided additional documents supporting his opposition to the award of contract to
Honeywell.
Public Works Director Demitri stated that staff did their due diligence and confirmed
receipt of Mr. Lowrey's documents.
A Council discussion ensued on the provided Lowrey documents, the cost of the
maintenance, and the continuation of the item.
CONTINUE THIS ITEM
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Darcy McNaboe, Mayor
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
10. Adoption of 2016 Building Codes
Planning & Development Services Director Molina presented this item.
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 8
WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 297 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, AMENDING SECTION 15.08.010 OF CHAPTER 15.08 (BUILDING
CODE), SECTION 15.10.010 OF CHAPTER 15.10 (RESIDENTIAL CODE), SECTION
15.12.010 OF CHAPTER 15.12 (ELECTRICAL CODE), SECTION 15.16.010 OF
CHAPTER 15.16 (PLUMBING CODE), SECTION 15.17.010 OF CHAPTER 15.17
(GREEN BUILDING STANDARDS), AND SECTION 15.20.010 OF CHAPTER 15.20
(MECHANICAL CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
GRAND TERRACE MUNICIPAL CODE, ADOPTING THE 2016 CALIFORNIA
BUILDING CODE, INCLUDING THE 2016 CALIFORNIA REFERENCED STANDARD
CODE, 2016 CALIFORNIA RESIDENTIAL CODE, 2016 CALIFORNIA ELECTRICAL
CODE, 2016 CALIFORNIA PLUMBING CODE, 2016 CALIFORNIA GREEN
BUILDING STANDARDS CODE, AND 2016 CALIFORNIA MECHANICAL CODE
City Clerk Jacquez-Nares read by title Ordinance 297 as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, AMENDING SECTION 15.08.010 OF CHAPTER 15.08 (BUILDING
CODE), SECTION 15.10.010 OF CHAPTER 15.10 (RESIDENTIAL CODE), SECTION
15.12.010 OF CHAPTER 15.12 (ELECTRICAL CODE), SECTION 15.16.010 OF
CHAPTER 15.16 (PLUMBING CODE), SECTION 15.17.010 OF CHAPTER 15.17
(GREEN BUILDING STANDARDS), AND SECTION 15.20.010 OF CHAPTER 15.20
(MECHANICAL CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
GRAND TERRACE MUNICIPAL CODE, ADOPTING THE 2016 CALIFORNIA
BUILDING CODE, INCLUDING THE 2016 CALIFORNIA REFERENCED STANDARDS
CODE, 2016 CALIFORNIA RESIDENTIAL CODE, 2016 CALIFORNIA ELECTRICAL
CODE, 2016 CALIFORNIA PLUMBING CODE, 2016 CALIFORNIA GREEN BUILDING
STANDARDS CODE, AND 2016 CALIFORNIA MECHANICAL CODE
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
11. Authorize City Manager to Execute Purchase Agreement (Escrow Documents) for
22273 Barton Road and Make the Appropriations Necessary for Said Purchase and the
Demolition of All Structure on the Property
City Manager Duffey presented the PowerPoint Presentation for this item.
Mayor McNaboe asked if this item would be borrowing from different funds and if the
funds would need to be paid back within this fiscal year.
City Manager Duffey confirmed that was correct.
Tom Comstock, Grand Terrace resident, stated his support of this item.
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 9
Council Member Wilson stated that he was concerned with not having signed proposals
for this property and paying full price for it.
City Manager Duffey stated that there were two proposals from Arizona Properties and
Lewis Group. He is confident that there would be plenty of takers for this property.
Mayor Pro Tem Robles stated her support for this item.
1. AUTHORIZE THE CITY MANAGER TO COMPLETE PURCHASE AND SALES
AGREEMENT NO. 2016-43 WITH PROPERTY OWNER OF 22273 BARTON
ROAD (APN NO. 1167-231-02) FOR THE ACQUISITION OF SAID PROPERTY IN
THE AMOUNT NOT TO EXCEED $855,000 (INCLUDING CLOSING COSTS)
ONCE CONFORMANCE WITH THE GENERAL PLAN HAS BEEN GRANTED BY
THE PLANNING COMMISSION; AND
2. AUTHORIZE APPROPRIATIONS OF $900,000 IN THE 2016/17 FISCAL YEAR
BUDGET TO FUND THE PURCHASE OF THE AFOREMENTIONED PROPERTY
AND TO COVER THE COST OF DEMOLITION TO CLEAR THE EXISTING
PROPERTY OF ALL STRUCTURES, WHICH WILL BE PROCURED IN
COMPLIANCE WITH THE PURCHASING AND ENVIRONMENTAL POLICIES.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
12. Appointment of Planning Commission Members to the Planning Commission
Planning & Development Services Director Molina presented this item. She also
provided the process for these interviews.
Council Member Wilson requested to reappoint the two incumbents.
RE-APPOINT INCUMBENTS THOMAS COMSTOCK AND TARA CESEÑA TO THE
PLANNING COMMISSION FOR A FOUR YEAR TERM THAT EXPIRES ON JUNE 30,
2020
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
The Council established the order to interview the candidates as follows:
1. Angela Marie Wilkinsen
2. Frank J. Rapollo
3. Gregory A. Goatcher
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 10
All of the Candidates were given five minutes to answer the following five questions:
Council Member Wilson asked question:
1. Please explain your interest in serving on the Planning Commission and how your
background will benefit the Commission and the Community.
Mayor Pro Tem Robles asked question:
2. As a Planning Commissioner, what is your role in implementing the City's 2030
Vision Plan?
Mayor McNaboe asked question:
3. Do you feel as a citizen of the community that you are able to provide objective
recommendations on various land-use applications and other issues? What will you
use as your guide in decision making?
Council Member Mitchell asked question:
4. Do you feel that you have any conflict of interest that will arise if you are appointed
to the Planning Commission? If an applicant were to contact you directly and request
a one-on-one meeting about their project, how would you handle it?
Council Member Hussey asked question:
5. Please identify what you think are some of the key development issues facing Grand
Terrace in the next 5 to 10 years.
Mayor McNaboe recessed the Council meeting at 7:32 p.m.
Mayor McNaboe convened the Council meeting at 7:40 p.m.
Angela Marie Wilkinson provided a brief introduction of herself and provided her
answers to the Council questions.
Frank J. Rappolo provided a brief introduction of himself and provided his answers to
the Council questions.
Gregory A. Goatcher provided a brief introduction of himself and provided his answers
to the Council questions.
The Mayor, Mayor Pro Tem and Council Members ranked the candidates and provided
their ranking to the City Clerk for tallying. Mayor McNaboe thanked each of the
candidates for applying and attending the meeting today. She encouraged the two non-
appointees to stay engaged in the Community.
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Minutes Grand Terrace City Council September 13, 2016
City of Grand Terrace Page 11
The votes were as follows:
Greg A. Goatcher received four number one votes and one number two vote.
Frank Rappolo received four number two votes and one number three vote.
Angela Wilkinson received four number three votes and one number one vote.
Appoint Gregory A. Goatcher as the Planning Commissioner with the term to
expire on June 30, 2018.
RESULT: ADOPTED [4 TO 1]
MOVER: Jackie Mitchell, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Bill Hussey
NAYS: Doug Wilson
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey announced that the Community Clean Up day on Saturday,
September 17, 2016 was here at City Hall. Residents would need to show their Burrtec
trash bill or their driver’s license as proof of residency. He also stated that there would
be a Community Benefits Fund workshop on October 20, 2016. City Manager Duffey
asked the Council to have a Special Meeting on October 4, 2016 to discuss the
Pavement Management Index. He also reminded the residents that volunteers were
needed this year for the Holiday Tree Lighting Event.
Mayor Pro Tem Robles requested a different date than October 4, 2016.
CLOSED SESSION - NONE
ADJOURN
Mayor McNaboe adjourned the City Council meeting at 8:21 p.m.
The Next Regular City Council Meeting will be held on Tuesday, September 27, 2016 at
6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Approval of Check Register No. 09302016 in the Amount of
$1,236,453.86
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Approve Check Register No. 09302016 in the amount
$1,236,453.86, as submitted, which includes the Check
Register Account Index for Fiscal Year 2016-17.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations and operational costs.
BACKGROUND:
The check register, for the period ending September 30, 2016, has been prepared in
accordance with Government Code §37202 and is hereby submitted for the City
Council’s approval.
The check register lists all vendor payments for the preceding month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. Check Register No. 09302016 lists all payments made
to vendors and employee reimbursements during the month of September.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and CRA
Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund-
Department-Account]. Expenditures may be made from trust/agency accounts (Fund
23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
A total of $1,236,453.86 in accounts payable checks were issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
check register.
Payments larger than $10,000:
Check
No. Payee Description Amount
73228 CA PUB EMPLOYEE
RETIREMENT
PR END 08262016
CONTRIBUTIONS 10,635.53
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Check
No. Payee Description Amount
73230 SB COUNTY SHERIFF SEP 2016-17 LAW
ENFORCEMENT SERVICES 160,230.50
73231 SO CA EDION COMPANY AUG 2016 ENERGY USAGE 10,253.46
73235 CALIFORNIA JOINT
POWERS
FY 2016-17 ALL RISK
PROPERTY INSURANCE 10,618.00
73270 CA PUB EMPLOYEE
RETIRE SYSTEM
OCT PERS HEALTH
INSURANCE 15,317.52
73275 CITY OF LOMA LINDA 1ST QTR INFO SYSTEMS
SUPPORT 21,780.00
73278 JONES AND MAYER FY 2016-17 LEGAL SERVICES 12,026.03
73301 LANCE SOLL AND
LUNGHARD LLP
2016 GOVT AUDIT AND 2015
FINANCIAL AUDIT 10,419.00
73303 TERRY MCDUFFEE REFUND DEPOSIT 39,648.31
Wire #:
9192016 CITY NATIONAL BANK LAND ACQUISITION 22273
BARTON RD 842,605.92
TOTAL CHECKS ISSUED OVER $10,000 $1,133,534.27
Payroll costs for the month ending August 31, 2016
Pay
Per.
Period
Ending Period Pay Date Amount
6 09/09/2016 Period 08/27/2016 – 09/09/2016 09/15/2016 $64,404.43
7 09/23/2016 Period 09/10/2016 – 09/23/2016 09/29/2016 67,024.96
TOTAL PAYROLL FOR AUG 2016 $131,429.93
FISCAL IMPACT:
All disbursements were made in accordance with the Approved Budget for Fiscal Year
2016-17 in the amount of $1,236,453.86.
ATTACHMENTS:
A - Check Register Account Index (PDF)
B - Check Register No. 09302016 (PDF)
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APPROVALS:
Cynthia Fortune Completed 10/04/2016 7:48 PM
Finance Completed 10/04/2016 7:48 PM
City Attorney Completed 10/04/2016 9:13 PM
City Manager Completed 10/04/2016 8:42 PM
City Council Pending 10/11/2016 6:00 PM
3
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Fund
No.Fund Name
Dept
No.Department Cost Center
Acct
No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 218 NON-CAPITAL FURN/SMALL TOOLS
19 FACILITIES DEVELOPMENT FUND 190 GENERAL GOVERNMENT (NON-DEPT)220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 COMMUNITY DEV (PLANNING)235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 245 MAINT BLDG GRNDS EQUIPMNT
31 S/A RDA OBLIGATION FUND 430 RECREATION SERVICES 246 MAINT/OPER OF EQUIPMNT
32 S/A CAPITAL PROJECTS FUND 441 CHILD CARE - NUTRITION GRANT 250 PROFESSIONAL SERVICES
33 S/A DEBT SERVICE FUND 445 CHILD CARE - TINY TOTS 251 BANKING SERVICE CHARGES
36 S/A 2011 TABS BOND PROCEEDS 446 CHILD CARE - AFTER SCHOOL 255 CONTRACTUAL SERVICES
37 S/A CRA PROJECTS TRUST 447 CHILD CARE - PRE-SCHOOL 260 INSURANCE & SURETY BONDS
46 CIP - STREET IMPROVEMENT PROJECTS 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES
47 CIP - BARTON RD. BRIDGE PROJECT 510 STREET & SIGNAL LIGHTING 268 TRAINING
48 CIP - CAPITAL PROJECTS FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS
52 HOUSING AUTHORITY 601 TRACT 14471 PICO & ORIOLE 271 MILEAGE
61 COMMUNITY BENEFITS FUND 602 FORREST CITY PHASE II 272 FUEL & VEHICLE MAINTENANCE
64 PUBLIC SAFETY FUND 625 NPDES 273 VEHICLE ALLOWANCE
65 SENIOR BUS PROGRAM FUND 631 STORM DRAIN MAINTENANCE 300 DEBT SERVICE
66 CAL RECYCLE GRANT 801 PLANNING COMMISSION 570 WASTEWATER TREATMENT
70 FIXED ASSED/EQUIP REPL FUND 804 HISTORICAL & CULTURAL COMM.700 COMPUTER-RELATED
805 SENIOR CITIZENS PROGRAM 701 VEHICLES & EQUIPMENT
808 EMERGENCY OPERATIONS PROG.
999 TRANSFERS
City of Grand Terrace Check Register Index
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
E 10-125-250-000-000 183.34
183.34
5,460.00
E 10-125-250-000-000 540.00
540.00
INV-ACC22292 APR MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 540.00
540.00
INV-ACC22295 JUNE MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 540.00
540.00
INV-ACC22294 MAY MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 540.00
540.00
INV-ACC22293 APR MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 550.00
550.00
INV-ACC22500 SEP MINUTETRAQ SUBSCRIPTION & HOSTING 08/30/2016
E 10-125-250-000-000 550.00
550.00
INV-ACC22299 JUN MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 550.00
550.00
INV-ACC22298 MAY MINUTETRAQ SUBSCRIPTION & HOSTING 08/22/2016
E 10-125-250-000-000 733.33
733.33
INV-ACC22499 SEP MINUTETRAQ SUBSCRIPTION & HOSTING 08/30/2016
E 10-125-250-000-000 733.33
733.33
INV-ACC18261 MAR MINUTETRAQ SUBSCRIPTION & HOSTING 03/01/2016
Inv. Date Amount Paid Check Total
73219 09/07/2016 ACCELA INC 774375 INV-ACC17751 FEB MINUTETRAQ SUBSCRIPTION & HOSTING 02/01/2016
Date Vendor Invoice Description
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-190-220-000-000 56.25
56.25
56.25
B 10-022-68-00 240.82
240.82
240.82
73226 09/07/2016 OFFICE DEPOT 841050812001 B OFFICE SUPPLIES 05/23/2016
73225 09/07/2016 MIDAMERICA ADMIN AND RETIRE PR END 08262016 ARSPR END 08262016 ARS RETIREMENT CONTRIBUTIONS08/26/2016
E 10-195-245-000-000 196.48
E 10-450-245-000-000 320.83
517.31
517.31
B 10-022-63-00 1,085.55
1,085.55
1,085.55
73224 09/07/2016 HOME DEPOT CREDIT SERVICE 6035322500233683 augSUPPLIES FOR CITY HALL, PARKS, SNR CNTR 09/07/2016
E 10-190-280-000-000 1,950.00
1,950.00
1,950.00
73223 09/07/2016 CALPERS 457 PLAN PR END 08262016 457PR END 08262016 EMPLOYEE 457 PLAN CONTRIBUTIONS08/26/2016
B 10-022-65-00 5.00
5.00
5.00
73222 09/07/2016 CALPERS 1000000148108882016 GASB 68 FEES FOR REPORTS AND SCHEDULES08/04/2016
E 19-700-709-401-000 2,750.00
2,750.00
2,750.00
73221 09/07/2016 ARROWHEAD UNITED WAY PR END 08262016 UWPR END 08262016 UNITED WAY CONTRIBUTIONS08/26/2016
73220 09/07/2016 AIR CLEAN ENVIRONMENTAL INC 16324 FY 2016-17 SOLAR PANEL REMOVAL 08/30/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
10,253.46
10,253.46
E 10-190-238-000-000 6,147.26
E 10-450-238-000-000 1,373.47
E 16-510-238-000-000 503.06
E 09-447-238-000-000 1,954.55
E 10-172-238-000-000 137.56
E 10-175-238-000-000 137.56
160,230.50
160,230.50
73231 09/07/2016 SO CA EDISON COMPANY AUG 2016 EDISONAUG 2016 ENERGY USAGE 09/07/2016
E 10-410-255-000-000 6,646.04
E 10-410-256-000-000 144,133.19
E 14-411-256-000-000 9,451.27
E 10-110-142-000-000 485.41
485.41
485.41
73230 09/07/2016 SB COUNTY SHERIFF 15879 SEP 2016-17 LAW ENFORCEMENT SERVICES 08/19/2016
B 10-022-62-00 754.74
754.74
10,635.53
73229 09/07/2016 SYLVIA ROBLES AUG2016 HLTH-SRAUG 2016 HEALTH INSURANCE REIMB-SROBLES09/07/2016
B 10-022-62-00 1,422.98
1,422.98
PR END 08262016 ADJADJ TO RETIREMENT CONTRIBUTIONS FOR PR ENDING 0826201608/26/2016
B 10-022-62-00 8,457.81
8,457.81
14806900 FY 2015-16 CONTRIBUTIONS FOR RATE PLAN 08/01/2016
E 10-140-255-000-000 582.00
582.00
1,164.00
73228 09/07/2016 PUBLIC EMPLOYEES RETIREMENT PR END 08262016 PERSPR END 08262016 PERS RETIREMENT CONTRIBUTIONS08/26/2016
E 10-140-255-000-000 582.00
582.00
9618 JUL-DEC 2016 CALPERS REPORTING E-TOOLS 09/01/2016
73227 09/07/2016 PAY PLUS SOLUTIONS INC 9592 JAN-JUN 2016 CALPERS REPORTING E-TOOLS 08/22/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 09-447-220-000-000 355.22
355.22
355.22
73237 09/14/2016 CINTAS CORPORATION 150 150737021 CHILD CARE SUPPLIES 09/07/2016
E 10-175-272-000-000 368.08
E 10-185-272-000-000 21.39
389.47
389.47
E 10-190-260-000-000 10,618.00
10,618.00
10,618.00
73236 09/14/2016 CHEVRON TEXACO CARD SERVICES48390672 AUG 2016 VEHICLE FUEL 09/06/2016
73235 09/14/2016 CALIFORNIA JOINT POWERS PROP01488 FY 2016-17 ALL RISK PROPERTY INSURANCE PROGRAM09/07/2016
E 10-805-235-000-000 264.31
E 10-808-235-000-000 166.32
1,534.33
1,534.33
E 09-447-235-000-000 516.99
E 10-190-235-000-000 483.97
E 10-450-235-000-000 102.74
32.40
276.48
73234 09/14/2016 AT AND T AUG 2016 AT & TAUG 2016 AT & T 09/14/2016
244.08
16-0780 250 BUSINESS CARDS-GERALD COX 09/12/2016
E 10-185-210-000-000 32.40
E 10-172-210-000-000 32.40
E 10-185-210-000-000 32.40
E 10-370-210-000-000 179.28
E 10-805-238-000-000 151.09
151.09
151.09
73233 09/14/2016 ACCENT GRAPHICS AND DESIGN 16-0779 BUSINESS CARDS & ENVELOP 09/06/2016
73232 09/07/2016 TIME WARNER CABLE 8448..7245 SEP SEP 2016 SENIOR CENTER CABLE SERVICES 09/07/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-195-245-000-000 22.07
22.07
22.07
E 10-175-272-000-000 325.00
325.00
325.00
73244 09/14/2016 FRUIT GROWERS SUPPLY 91797388 LANDSCAPE MAINTENANCE SUPPLIES 09/07/2016
B 10-022-61-00 105.21
105.21
105.21
73243 09/14/2016 FIVE STAR FIVESTAR VEHICLE MAINTENANCE 09/07/2016
E 10-175-250-000-000 9,500.00
9,500.00
9,500.00
73242 09/14/2016 EYEMED FIDELITY SECURITY LIFE 3320171 SEP EMPLOYEE PAID VISION INSURANCE 09/01/2016
B 10-022-61-00 1,115.20
1,115.20
1,115.20
73241 09/14/2016 EVAN BROOKS ASSOCIATES 16008-13 2016 CALTRANS HIGHWAY SAFETY IMPROVEMENTS08/16/2016
73240 09/14/2016 DENTAL HEALTH SERVICES 278053 SEP EMPLOYEE DENTAL INSURANCE 08/16/2016
E 09-447-238-000-000 296.16
E 10-190-238-000-000 937.80
1,233.96
1,233.96
E 16-900-254-000-000 4,833.34
4,833.34
4,833.34
73239 09/14/2016 COLTON PUBLIC UTILITIES MAY-JUL 16-17 SEWERMAY-JUL SEWER BILLING CHILDCARE 09/14/2016
73238 09/14/2016 CLEAN STREET 83325 AUG STREET SWEEPING SERVICES 08/31/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
118331
E 10-370-210-000-000 1.39
1.39
531.52
E 10-125-210-000-000 14.14
14.14
860384499001 OFFICE SUPPLIES 08/27/2016
E 10-185-210-000-000 59.61
59.61
861337182001 OFFICE SUPPLIES 08/31/2016
E 10-175-210-000-000 14.82
E 10-370-210-000-000 95.13
109.95
860384500001 OFFICE SUPPLIES 08/30/2016
E 10-125-210-000-000 346.43
346.43
860384392001 OFFICE SUPPLIES 08/29/2016
E 10-140-250-000-000 472.86
472.86
472.86
73248 09/14/2016 OFFICE DEPOT 861336814001 OFFICE SUPPLIES 08/31/2016
E 10-160-250-000-000 6,000.00
6,000.00
6,000.00
73247 09/14/2016 MUNISERVICES LLC 0000042864 AUG 2016 BUSINESS LICENSE SRVCS 08/31/2016
75.00
266.53
73246 09/14/2016 JONES AND MAYER 79125 FY 2016-17 LEGAL SERVICES 09/12/2016
E 10-175-246-000-000 25.00
E 10-195-247-000-000 25.00
E 10-450-246-000-000 25.00
E 09-447-247-000-000 90.00
B 23-200-14-00 101.53
191.53
OCT SECURITY ALARM & FIRE MONITORING SVCS09/01/2016
73245 09/14/2016 HIGH TECH SECURITY SYSTEMS 118259 OCT SECURITY ALARM & FIRE MONITORING SVCS09/01/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-450-245-000-000 382.12
382.12
382.12
E 10-175-272-000-000 210.19
210.19
210.19
73255 09/14/2016 SITEONE LANDSCAPE SUPPLY 76727698 PARKS IRRIGATION SUPPLIES 08/31/2016
E 10-370-210-000-000 2.00
2.00
2.00
73254 09/14/2016 SHELL FLEET MANAGEMENT 0000008000209687609AUG 2016 FUEL VEHICLE 09/14/2016
73253 09/14/2016 SB COUNTY ASSESSOR 107297 UPDATED ASSESSOR PARCEL MAPS 09/01/2016
E 10-195-245-000-000 593.33
E 10-450-245-000-000 450.00
1,043.33
1,043.33
E 10-195-246-000-000 305.52
305.52
305.52
73252 09/14/2016 SANTA FE BUILDING MAINTENANCE15212 AUG 2016 JANITORIAL SERVICES 08/31/2016
E 09-447-244-000-000 1,020.00
1,020.00
1,020.00
73251 09/14/2016 QUIEL BROS. SIGNS 63447 MARQUEE SIGN TROUBLE SHOOT 09/01/2016
E 10-172-210-000-000 16.05
16.05
16.05
73250 09/14/2016 PROGREEN BUILDING MAINTENANCE1012 AUG 2016 JANITORIAL SERVICES 08/01/2016
73249 09/14/2016 ON TRAC 8493548 JUL PLAN CHECK DELIVERY SERVICES 09/03/2016
3.b
Packet Pg. 26
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 09-441-220-000-000 393.02
E 09-446-220-000-000 21.16
414.18
2,653.42
E 09-441-220-000-000 1,812.35
E 09-446-220-000-000 426.89
2,239.24
609062100 FY 2016-17 C.CARE FOOD SUPPLIES 09/06/2016
406.31
406.31
73259 09/14/2016 SYSCO RIVERSIDE INC 609062101 FY 2016-17 C.CARE FOOD SUPPLIES 09/06/2016
E 09-447-238-000-000 166.95
E 10-190-238-000-000 197.90
E 10-805-238-000-000 41.46
73258 09/14/2016 SPARKLETTS 9637116 090116 AUG 2016 BOTTLED WATER 09/01/2016
E 10-175-272-000-000 7.80
E 10-185-272-000-000 2.60
13.00
1,210.29
1,197.29
AUG2016 CNG GASAUG2016 CNG GAS 09/01/2016
E 09-447-272-000-000 2.60
E 09-447-238-000-000 45.31
E 10-190-238-000-000 1,058.28
E 10-805-238-000-000 93.70
E 26-602-238-000-000 58.10
5,304.28
5,304.28
73257 09/14/2016 SO CA GAS COMPANY AUG2016 NATURAL GASAUG2016 NATURAL GAS 09/14/2016
E 16-510-238-000-000 5,154.88
E 26-600-238-000-000 49.80
E 26-601-238-000-000 41.50
73256 09/14/2016 SO CA EDISON COMPANY AUG 2016 EDISON-BAUG 2016 ENERGY USAGE 09/14/2016
3.b
Packet Pg. 27
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-185-235-000-000 168.07
E 16-510-236-000-000 342.09
869.06
869.06
E 09-445-235-000-000 20.00
E 09-446-235-000-000 40.00
E 10-175-240-000-000 298.90
E 10-175-230-000-000 33.75
33.75
309.37
73264 09/14/2016 VERIZON WIRELESS 9771169905 AUG PUBLIC WORKS & C. CARE CELL PHONES 09/14/2016
E 10-175-230-000-000 275.62
275.62
1172 FY 2016-17 POSTER/ELECTRONIC PRINTING SERVICES09/14/2016
E 16-900-229-000-000 85.10
85.10
980.43
73263 09/14/2016 UPDOG 1166 FY 2016-17 POSTER/ELECTRONIC PRINTING SERVICES09/14/2016
E 16-900-229-000-000 299.44
299.44
308186 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS08/31/2016
E 16-900-229-000-000 595.89
595.89
306726 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS08/23/2016
E 10-805-238-000-000 68.86
68.86
68.86
73262 09/14/2016 TRAFFIC MANAGEMENT INC 306724 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS08/23/2016
E 10-195-246-000-000 251.32
251.32
251.32
73261 09/14/2016 TIME WARNER CABLE 8448..7046 SEP-OCTSEP-OCT CITY HALL CABLE SERVICES 09/14/2016
73260 09/14/2016 TIM GODDARDS PLUMBING 5456 ADA RESTROOM INSTALLATION SERVICES 08/23/2016
3.b
Packet Pg. 28
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
086054435
B 10-022-65-00 5.00
5.00
5.00
B 23-250-10-00 495.00
495.00
495.00
73269 09/21/2016 ARROWHEAD UNITED WAY PR END 09092016 UWPR END 09092016 UNITED WAY CONTRIBUTIONS09/09/2016
B 23-250-20-00 412.28
412.28
412.28
73268 09/21/2016 AMERICAN FIDELITY ASSURANCE CO1341700A OCT EMP PAID FLEX SPEND/DEP CARE 09/02/2016
73267 09/21/2016 AMERICAN FIDELITY ASSURANCE COB515464 OCT EMP PAID ACCIDENT/SUPP LIFE 10/01/2016
E 10-190-212-000-000 31.68
E 10-190-700-000-000 305.98
337.66
924.27
E 10-190-212-000-000 299.08
E 10-190-700-000-000 287.53
586.61
AUG W5755A PRINTER: LEASE & IMPRESSIONS 09/01/2016
E 16-175-255-100-000 1,295.00
1,295.00
1,295.00
73266 09/14/2016 XEROX CORPORATION 086054436 AUG W7556P PRINTER: LEASE & IMPRESSIONS 09/01/2016
73265 09/14/2016 WILLDAN 002-16998 JULY 2016 PUBLIC WORKS COVERAGE 08/04/2016
3.b
Packet Pg. 29
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-125-230-000-000 116.55
116.55
1,414.62
E 10-125-230-000-000 246.06
246.06
24230 HEARING NOTICE ZCA 16-02 09/13/2016
E 10-125-230-000-000 252.53
252.53
24209 CC HEARING NOTICE 8.31.2016 REV 09/08/2016
E 10-125-230-000-000 259.00
259.00
24231 HOUSING ELEMENT GPA 16-02 09/13/2016
E 10-125-230-000-000 265.48
265.48
24210 CC HEARING NOTICE 8.31.2016 REV 2 09/08/2016
E 10-125-230-000-000 275.00
275.00
24147 PUBLIC HEARING NOTICE PC 9.15.2016 08/30/2016
B 10-022-63-00 1,085.54
1,085.54
1,085.54
73272 09/21/2016 CITY NEWSPAPER GROUP 23883 PLANNING COMMISSIONER RECRUITMENT 06/15/2016
73271 09/21/2016 CALPERS 457 PLAN PR END 09092016 457PR END 09092016 EMPLOYEE 457 PLAN CONTRIBUTIONS09/09/2016
E 32-200-142-000-000 811.87
E 65-425-142-000-000 542.82
15,317.52
15,317.52
E 10-370-142-000-000 1,530.09
E 10-450-142-000-000 689.32
E 16-175-142-000-000 273.54
E 10-125-142-000-000 434.93
E 10-175-142-000-000 1,581.06
E 10-190-142-000-000 1,096.30
E 09-447-142-000-000 2,102.69
B 10-022-61-00 4,776.23
E 10-120-142-000-000 1,478.67
73270 09/21/2016 CA PUB EMPLOYEES RETIRE SYSTEM2121 OCT 2016 PERS HEALTH INSURANCE 09/14/2016
3.b
Packet Pg. 30
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 32-200-251-000-000 925.00
925.00
12,026.03
E 10-160-250-000-000 5,181.03
5,181.03
78859 FY 2016-17 LEGAL SERVICES 08/31/2016
E 32-200-251-000-000 5,920.00
5,920.00
78858 FY 2016-17 LEGAL SERVICES 08/31/2016
E 10-140-250-000-000 1,201.65
1,201.65
1,201.65
73278 09/21/2016 JONES AND MAYER 79106 FY 2016-17 LEGAL SERVICES 08/31/2016
E 10-195-245-000-000 325.00
325.00
725.00
73277 09/21/2016 HINDERLITER DE LLAMAS ASSOC 0025944-IN 3RD QTR 2016 SALES TAX MONITORING SVCS 08/18/2016
E 10-450-245-000-000 400.00
400.00
195590 FY 2016-17 GOPHER REMOVAL SVCS - PARKS, CITY HALL09/10/2016
E 09-447-245-000-000 492.12
492.12
492.12
73276 09/21/2016 GOPHER PATROL 194551 FY 2016-17 GOPHER REMOVAL SVCS - PARKS, CITY HALL09/10/2016
E 09-447-245-000-000 200.00
200.00
200.00
73275 09/21/2016 FIREMASTER 483697 FY 2016-17 CHILD CARE ANNUAL SERVICES 09/12/2016
E 10-380-250-000-000 21,780.00
21,780.00
21,780.00
73274 09/21/2016 EZ SUNNYDAY LANDSCAPE 11153 JUL & AUG MONTHLY MAINTENANCE 08/19/2016
73273 09/21/2016 CITY OF LOMA LINDA 2652 JUL, AUG, SEP, OC 2016 INFO SYSTEMS SUPPORT09/08/2016
3.b
Packet Pg. 31
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-140-241-000-000 248.00
248.00
248.00
B 10-022-62-00 8,434.59
8,434.59
8,434.59
73285 09/21/2016 ROADRUNNER SELF STORAGE INC20635 SEP 2016 STORAGE LEASE 09/16/2016
E 10-195-247-000-000 174.74
174.74
174.74
73284 09/21/2016 PUBLIC EMPLOYEES RETIREMENT PR END 09092016 PERSPR END 09092016 PERS RETIREMENT CONTRIBUTIONS09/09/2016
E 10-450-245-000-000 121.56
121.56
121.56
73283 09/21/2016 PROTECTION ONE 31891344 SEP-DEC2ND QTR ALARM MONITORING SERVICE 09/05/2016
E 32-200-250-000-000 203.50
203.50
203.50
73282 09/21/2016 ONE SOURCE DISTRIBUTORS S5246811.001 FY 2016-17 CITY WIDE ELECTRICAL SUPPLIES 08/26/2016
B 10-022-68-00 151.31
151.31
151.31
73281 09/21/2016 MKW ANALYTICS AUG2016 FY 2016-17 REVIEW FOR ROPS 09/07/2016
B 10-022-66-00 1,169.10
1,169.10
1,169.10
73280 09/21/2016 MIDAMERICA ADMIN AND RETIRE PR END 09092016 ARSPR END 09092016 ARS RETIREMENT CONTRIBUTIONS09/09/2016
73279 09/21/2016 LINCOLN NATIONAL LIFE INSURANCLCLN OCT 2016 OCT LIFE/AD&D/DEP LIFE/WI/LTD 09/30/2016
3.b
Packet Pg. 32
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
5620013590
E 10-370-210-000-000 50.00
50.00
50.00
E 10-195-245-000-000 257.22
257.22
257.22
73292 09/21/2016 S B COUNTY CLERK OF THE BOARD09212016 NOE 1NOTICE OF EXEMPTION FILING FEE: HOUSING ELEMENT GPA09/01/2016
E 09-447-238-000-000 99.99
99.99
99.99
73291 09/21/2016 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000012639 JUNE 2016 TRAFFIC SIGNAL LIGHTS MONITORING08/18/2016
E 10-450-245-000-000 116.39
116.39
116.39
73290 09/21/2016 TIME WARNER CABLE 8448...4289 SEP-OCTSEP-OCT CHILD CARE INTERNET SERVICES 09/20/2016
399.83
1,101.83
73289 09/21/2016 SITEONE LANDSCAPE SUPPLY 77590274 FY 2016-17 PARKS IRRIGATION SUPPLIES 09/13/2016
E 16-510-255-000-000 702.00
702.00
FY 2016-17 TRAFFIC SIGNAL MAINTENANCE 09/16/2016
E 16-510-255-000-000 399.83
E 10-187-258-000-000 4,133.00
4,133.00
4,133.00
73288 09/21/2016 SIEMENS INDUSTRY INC 5610028901 FY 2016-17 TRAFFIC SIGNAL MAINTENANCE 09/16/2016
E 32-200-250-000-000 200.00
200.00
600.00
73287 09/21/2016 SB FIRE DEPT HAZ MATERIAL GT117CC S.B. FIRE HSEHLD HAZRD WASTE FEES - 1ST QUARTER07/28/2016
E 32-200-250-000-000 400.00
400.00
I001751 AUG PROPERTY TAX CONSULTING SVCS 08/31/2016
73286 09/21/2016 ROSENOW SPEVACEK GROUP INC I001667 JUL PROPERTY TAX CONSULTING SVCS 07/31/2016
3.b
Packet Pg. 33
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDate Vendor Invoice Description
E 10-370-230-000-000 113.31
113.31
242.81
E 10-370-230-000-000 129.50
129.50
24157 PUBLIC HEARING NOTICE 8.29.16-HABITAT 08/30/2016
6,004.04
6,004.04
73296 09/28/2016 CITY NEWSPAPER GROUP 24229 TTM 16-01 PROJECT NOTICE PUBLISHING 09/13/2016
14.12
91.36
E 09-441-220-000-000 C. CARE FOOD SUPP
E 09-445-241-000-000 C. CARE FOOD SUPP
E 09-446-220-000-000 C. CARE OFFICE SUPP
E 09-447-210-000-000 C. CARE OFFICE SUPP
E 09-447-220-000-000 C. CARE FOOD SUPP
E 09-447-228-000-000 C. CARE SUPP
E 09-447-230-000-000 C. CARE JOB AD
E 10-120-210-000-000 CM OFFICE SUPP
E 10-120-270-000-000 ICSC CONF.
E 10-125-270-000-000 CITY CLERK SEMINAR
E 10-140-270-000-000 CSMFO CONF.
E 10-172-210-000-000 ICC CA TITLE 24
E 10-175-246-000-000 PUBLIC WORKS INSTALL
E 10-175-272-000-000 TRUCK MAINT.
E 10-195-245-020-000 CITY HALL TREES
E 10-190-220-000-000 COPIES
E 10-450-245-000-000 PARK SUPPLIES
E 10-450-246-000-000 PARK SUPPLIES 1,062.20
142.80
125.00
648.00
475.00
60.00
1,205.12
18.73
58.00
839.20
158.82
71.97
163.73
600.58
174.00
95.41
E 10-370-210-000-000 50.00
50.00
50.00
73295 09/28/2016 ARROWHEAD CREDIT UNION AUG/SEP VISA AUG/SEP VISA CHARGES 09/28/2016
E 10-370-210-000-000 50.00
50.00
50.00
73294 09/21/2016 S B COUNTY CLERK OF THE BOARD09212016 NOE 3NOTICE OF EXEMPTION FILING FEE: MCDUFFEE DDA09/01/2016
73293 09/21/2016 S B COUNTY CLERK OF THE BOARD09212016 NOE 2NOTICE OF EXEMPTION FILING FEE: ZONE CHANGE & CODE AMMENDMENT09/01/2016
3.b
Packet Pg. 34
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-140-250-000-000 1,827.00
E 32-200-250-000-000 492.00
2,319.00
10,419.00
E 10-140-250-000-000 6,380.00
E 32-200-250-000-000 1,720.00
8,100.00
16621 2015 CITY FINANCIAL AUDIT- FINAL 12/31/2015
E 10-110-142-000-000 150.00
150.00
150.00
73301 09/28/2016 LANCE SOLL AND LUNGHARD LLP 18872 2016 GOVERNMENT AUDIT - INTERIM FIELDWORK07/31/2016
E 10-450-245-000-000 33.75
33.75
79.76
73300 09/28/2016 WILLIAM HUSSEY AUG 2016 WH AUG 2016 HEALTH INS REIMB-WH 09/28/2016
E 10-195-245-000-000 46.01
46.01
91800840 LANDSCAPE MAINTENANCE SUPPLIES 09/21/2016
E 10-195-255-000-000 505.00
505.00
4,815.00
73299 09/28/2016 FRUIT GROWERS SUPPLY 91799565 LANDSCAPE MAINTENANCE SUPPLIES 09/15/2016
E 26-601-255-000-000 80.00
4,310.00
11329 CIVIC CENTER MAINTENANCE 09/19/2016
E 10-195-255-000-000 200.00
E 10-450-255-000-000 3,870.00
E 26-600-255-000-000 160.00
B 10-022-61-00 557.60
557.60
557.60
73298 09/28/2016 EZ SUNNYDAY LANDSCAPE 11518 PARKS & PARKWAYS MAINTENANCE 09/21/2016
73297 09/28/2016 DENTAL HEALTH SERVICES 305294 OCT EMPLOYEE DENTAL INSURANCE 09/16/2016
3.b
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
E 10-805-238-000-000 59.49
59.49
59.49
E 61-461-100-000-000 671.11
671.11
671.11
73307 09/28/2016 TIME WARNER CABLE 8448..3825 OCT OCT 2016 CIVIC CENTER CABLE SERVICES 09/28/2016
E 10-140-210-000-000 6.84
6.84
745.87
73306 09/28/2016 TERRACE VIEW ELEMENTARY PTATVE PTA 2016-002FY 2016-17 REIMBURSEMENT FOR ACTIVITY BOOKLETS09/19/2016
E 10-140-210-000-000 14.23
14.23
864973823001 OFFICE SUPPLIES 09/16/2016
E 10-140-210-000-000 183.59
183.59
864973822001 OFFICE SUPPLIES 09/19/2016
E 10-190-212-000-000 541.21
541.21
864973573001 OFFICE SUPPLIES 09/16/2016
E 10-110-142-000-000 409.03
409.03
409.03
73305 09/28/2016 OFFICE DEPOT 865089250001 OFFICE SUPPLIES 09/19/2016
73304 09/28/2016 DARCY MCNABOE OCT 2016 DM OCT HEALTH INSURANCE REIMBURSEMENT 09/28/2016
B 23-301-14-00 43,069.00
B 23-301-14-01 -3,420.69
39,648.31
39,648.31
E 10-190-235-000-000 1,312.72
1,312.72
1,312.72
73303 09/28/2016 TERRY MCDUFFEE REIM- TERRY REFUND OF DEPOSIT TO DR. TERRY MCDUFFEE CUP 96-01 AND CUP 97-0409/28/2016
73302 09/28/2016 LEVEL 3 COMMUNICATIONS 46866843 SEP PHONE AND INTERNET SERVICES 09/17/2016
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Check #Invoice #
Check Register
CITY OF GRAND TERRACE
As of 9/30/2016
Inv. Date Amount Paid Check TotalDateVendorInvoice Description
93 checks in this report Total Checks:1,236,453.86
E 10-190-790-000-000 842,605.92
842,605.92
842,605.92
E 10-110-142-000-000 320.06
320.06
320.06
9192016 09/19/2016 CITY NATIONAL BANK APN 1167-231-02LAND ACQUISITION- 22273 BARTON RD 09/19/2016
E 10-172-250-100-000 2,535.00
2,535.00
6,215.00
73310 09/28/2016 DOUG WILSON SEP2016 HLTH REIM-DWSEP2016 HEALTH REIMBURSEMENT - WILSON 09/28/2016
E 10-172-250-000-000 3,680.00
3,680.00
002-17068 AUG BUILDING OFFICIAL COVERAGE 09/01/2016
E 10-125-230-000-000 266.22
266.22
266.22
73309 09/28/2016 WILLDAN 002-17067 AUG 2016 PLAN CHECK/INSPECTION SERVICES 09/01/2016
73308 09/28/2016 UPDOG 1207 FY 2016-17 POSTER/ELECTRONIC PRINTING SERVICES08/29/2016
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Approve the contract extension with ProGreen Building for
Pre-School Cleaning Services
PRESENTED BY: Linda Phillips, Director of Child Care Services
RECOMMENDATION: Staff is recommending that Council approve the ProGreen
Building contract extension for FY 2016-2017 for pre-school
cleaning services in the amount not to exceed $12,240.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability and as well as the Mission
"To preserve and protect our community and its exceptional quality of life through
thoughtful planning, within the constraints of fiscally responsible government" by
providing a cleaner and healthier Child Care Services environment.
BACKGROUND/DISCUSSION:
The City of Grand Terrace entered into an agreement with ProGreen Bldg. on August 3,
2015, contract number 2015-24 (“Agreement”) to provide cleaning services to the
preschool, for an initial term of one year, ending on August 2, 2016. Section 2 (Term) of
the Agreement provides that the Agreement may be extended by the City for a
maximum of two one-year extension terms. Staff is requesting that the Council approve
this one-year extension for FY 2016-2017.
FISCAL IMPACT:
Funds for the custodial services for the Child Care facility have been approved the FY
2016-2017budget as follows:
Fund Fund Title Account Description Amount
09 Child Care 09-447-244 custodial services $12,240.00
ATTACHMENTS:
Agmt No. 2015-24 Progreen Bldg - Cleaning Services Child Care(PDF)
APPROVALS:
Linda Phillips Completed 09/16/2016 11:44 AM
Finance Completed 10/04/2016 7:42 PM
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City Attorney Completed 10/04/2016 9:08 PM
City Manager Completed 10/04/2016 8:36 PM
City Council Pending 10/11/2016 6:00 PM
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•
AGREEMENT BETWEEN THE
CITY OF GRAND TERRACE AND PROGREEN BLDG,
INC. FOR FACILITY CLEANING SERVICES
2015-24
THIS AGREEMENT IS ENTERED INTO THIS 3Ro DAY OF AUGUST BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND PROGREEN BLDG, INC.
(CONTRACTOR) FACILITY CLEANING SERVICES.
RECITALS
WHEREAS, CONTRACTOR is a Licensed and Qualified Contractor to perform
the services required of Facility Cleaning Services for the City of Grand Terrace; and
WHEREAS, CITY desires to utilize the services of CONTRACTOR to implement
Facility Cleaning Services.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. 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 therefor,
to furnish 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 furnished 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, Bid 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. 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 unless
otherwise provided in Exhibit "A" Scope of Services and the Agreement shall remain )1:1
effect for one Year, unless otherwise terminated pursuant to the provisions herein{ A
maximum of two one year extensions may be granted by the City.
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3. Compensation/Payment. Contractor shall perform the Services under this
Agreement for the total sum not to exceed Eleven Thousand Eight Hundred and Eighty
Dollars ($11,880.00) payable in accordance with the terms set forth in Exhibit "B".
Payment shall be made in accordance with City'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:
To City
City of Grand Terrace Child Care
Attn: Linda Phillips
22400 Barton Rd. Ste. 200
Grand Terrace, CA 92313
To Contractor
Progreen Bldg. Inc.
Attn: Mike Sullivan
31878 Del Obispo St., Suite 118-354
San Juan Capistrano, CA 92675
Tel: (562) 697-0704
5. Prevailing Wage. If applicable, Contractor and all subcontractors are
required to pay the general prevailing wage rates of per diem wages and overtime and
holiday wages determined by the Director of the Department of Industrial Relations
under Section 1720 et seq. of the California Labor Code and implemented the City
Council of the City of Grand Terrace. The Director's determination is on file and open to
inspection in the office of the City Clerk and is referred to and made a part hereof; the
wage rates therein ascertained, determined, and specified are referred to and made a
part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed to
administer this Agreement on behalf of City and shall be referred to herein as Contract
Administrator.
7. Standard of Performance. While performing the Services, Contractor shall
exercise the reasonable Contractor care and skill customarily exercised by reputable
members of Contractor's profession practicing in the Metropolitan Southern California
Area, and shall use reasonable diligence and best judgment while exercising its
Contractor skill and expertise.
8. Personnel. Contractor shall furnish all personnel necessary to perform the
Services and shall be responsible for their performance and compensation. Contractor
recognizes that the qualifications and experience of the personnel to be used are vital to
Contractor and timely completion of the Services.
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9. Assignment and Subcontracting. Neither party shall transfer any right,
interest, or obligation in or under this Agreement to any other entity without prior written
consent of the other party. In any event, no assignment shall be made unless the
assignee expressly assumes the obligations of assignor under this Agreement, in
writing satisfactory to the parties. Contractor shall not subcontract any portion of the
work required by this Agreement without prior written approval by the responsible City's
Contract Administrator. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement, including without limitation, the
insurance obligations set forth in Section 12. Contractor acknowledges that any transfer
of rights may require City Manager and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement,
Contractor, and Contractor's employees, subcontractors and agents, shall act in an
independent capacity as independent contractors, and not as officers or employees of
the City or the City of Grand Terrace. Contractor acknowledges and agrees that the
City or the City has no obligation to pay or withhold state or federal taxes or to provide
workers' compensation or unemployment insurance to Contractor, or to Contractor's
employees, subcontractors and agents. Contractor, as an independent contractor, shall
be responsible for any and all taxes that apply to Contractor as an employer.
11 . Indemnification.
11.1 Indemnity. Except as to the sole negligence or willful misconduct of the
City, Contractor shall defend, indemnify and hold the City, and its officers, employees
and agents, harmless from any and all loss, damage, claim for damage, liability,
expense or cost, including attorneys' fees, which arises out of or is in any way
connected with the performance of work under this Agreement by Contractor or any of
the Contractor's employees, agents or subcontractors and from all claims by
Contractor's employees, subcontractors and agents for compensation for services
rendered to Contractor in the performance of this Agreement, notwithstanding that the
City may have benefitted from their services. This indemnification provision shall apply
to any acts or omissions, willful misconduct or negligent conduct, whether active or
passive, on the part of Contractor or of Contractor's employees, subcontractors or
agents.
11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys'
fees, 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 or cost for the purposes of this Section, and that this Section shall survive
the expiration or early termination of the Agreement.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement,
Contractor shall provide satisfactory evidence of, and shall thereafter maintain during
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the term of this Agreement, such insurance policies and coverages in the types, limits,
forms and ratings required herein. The rating and required insurance policies and
coverages may be modified in writing by the City's Risk Manager or City Attorney, or a
designee, unless such modification is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute
any limitation or cap on Contractor's indemnification obligations under Section 11
hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Contractor or
subcontractors 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.
12.1 .3 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.
12.1.4 Adequacy. The City and the City, its officers, employees and agents
make no representation that the types or limits of insurance specified to be carried by
Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor
believes that any required insurance coverage is inadequate, Contractor will obtain such
additional insurance coverage as Contractor deems adequate, at Contractor's sole
expense.
12.2 Workers' Compensation Insurance: By executing this Agreement,
Contractor certifies that Contractor is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against
liability for workers' compensation, or to undertake self-insurance before commencing
any of the work. Contractor shall carry the insurance or provide for self-insurance
required by California law to protect said Contractor from claims under the Workers'
Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with
City either (1) a certificate of insurance showing that such insurance is in effect, or that
Contractor is self-insured for such coverage, or (2) a certified statement that Contractor
has no employees, and acknowledging that if Contractor does employ any person, the
necessary certificate of insurance will immediately be filed with City. Any certificate filed
with City shall provide that City will be given ten (10) days prior written notice before
modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City's
execution of this Agreement, Contractor shall obtain, and shall thereafter maintain
during the term of this Agreement, commercial general liability insurance and
automobile liability insurance as required to insure Contractor against damages for
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personal injury, including accidental death, as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly
employed by, connected with, or acting for or on behalf of Contractor. The City and the
City, and its officers, employees and agents, shall be named as additional insureds
under the Contractor's insurance policies.
12.3.1 Contractor's commercial general liability insurance policy shall cover both
bodily injury (including death) and property damage (including, but not limited to,
premises operations liability, products-completed operations liability, independent
Contractor's liability, personal injury liability, and contractual liability) in an amount not
less than $1,000,000 per occurrence and a general aggregate limit in the amount of not
less than $2,000,000.
12.3.2 Contractor's automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an
aggregate limit of not less than $1 ,000,000. All of Contractor's automobile and/or
commercial general liability insurance policies shall cover all vehicles used in
connection with Contractor's performance of this Agreement, which vehicles shall
include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles,
Contractor's employee vehicles, non-Contractor owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage
required by this Agreement, for both commercial general and automobile liability
insurance, shall be filed with City and shall include the City and the City and its officers,
employees and agents, as additional insureds. Said policies shall be in the usual form
of commercial general and automobile liability insurance policies, but shall include the
following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and
agents, are added as additional insureds under this policy, solely for work
done by and on behalf of the named insured for the City of Grand Terrace
and the Redevelopment Agency for the City of Grand Terrace.
13. 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 this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
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15. City's Right to Employ Other Contractors. City reserves the right to
employ other Contractors in connection with the Services.
16. Ownership of Documents. All reports, maps, drawings and other contract
deliverables prepared under this Agreement by Contractor shall be and remain the
property of City upon City's compensation to Contractor for its services as herein
provided. Contractor shall not release to others information furnished by City without
prior express written approval of City.
17. Conflict of Interest. Contractor, for itself and on behalf of represents and
warrants that by the execution of this Agreement, they have no interest, present or
contemplated, in the Services affected by the above-described Services. Contractor
further warrants that neither Contractor, nor its employees have any real property,
business interests or income interests that will be affected by this Service or,
alternatively, that Contractor will file with the City an affidavit disclosing any such
interest.
18. Solicitation. Contractor warrants that Contractor has 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 Contractor only
for the value of work Contractor 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, and 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.
19. 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 Contractor, 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.
20. Amendments. This Agreement may be modified or amended only by a
written Agreement and/or change order executed by the Contractor and City.
21 . Termination. City, by notifying Contractor in writing, shall have the right to
terminate any or all of Contractor's services and work covered by this Agreement at any
time. In the event of such termination , Contractor may submit Contractor'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 15 and 21 hereof. In
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ascertaining the work actually rendered through the termination date, City shall consid r
completed work, work in progress and complete and incomplete reports and other
documents only after delivered to City.
21 .1 Other than as stated below, either party shall give thirty (30) days written
notice prior to termination.
21 .2 City may terminate this Agreement upon fifteen (15) days written notice to
Contractor, in the event:
21 .2.1 Contractor substantially fails to perform or materially breaches the
Agreement; or
21.2.2 City decides to abandon or postpone the Services.
22. Offsets. Contractor acknowledges and agrees that with respect to any
business tax or penalties thereon , utility charges, invoiced fee or other debt which
Contractor owes or may owe to the City, City reserves the right to withhold and offset
said amounts from payments or refunds or reimbursements owed by City to Contractor.
Notice of such withholding and offset shall promptly be given to Contractor by City in
writing. In the event of a dispute as to the amount owed or whether such amount is
owed to the City and/or the City, City will hold such disputed amount until either the
appropriate appeal process has been completed or until the dispute has been resolved .
23. Successors and Assigns. This Agreement shall be binding upon City and
its successors and assigns, and upon Contractor and its permitted successors and
assigns, and shall not be assigned by Contractor, either in whole or in part, except as
otherwise provided in paragraph 9 of this Agreement.
24. Venue and Attorneys' Fees. Any action at law or in equity brought by
either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of San
Bernardino, State of California, and the parties hereby waive all provisions of law
providing for a change of venue in such proceedings to any other county. In the event
either party hereto shall bring suit to enforce any term of this Agreement or to recover
any damages for and on account of the breach of any term or condition of this
Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof, including reasonable attorneys' fees, to be set by the court in such action.
25. Nondiscrimination. During Contractor's performance of this Agreement,
Contractor shall not discriminate 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
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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 restriction of this Agreement, and the
remainder of the Agreement shall continue in full force and effect.
27. Authority: The individuals executing this Agreement and the instruments
referenced herein 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.
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, and neither party is 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.
29.1 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.
29.3 In the event of a conflict between the body of this Agreement and Exhibit
"A" ("Scope of Services") hereto, the terms contained in Exhibit "A" shall be controlling.
8
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30 . Exhibits. The following exhibits attached hereto are incorporated herein to
this Agreement by this reference:
IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly
executed the day and year first above written.
THE CITY OF GRAND TERRACE,
A public body
APPR~OVED AS 0 ORM:
By: ~~=-~~
• City A orney
CONTRACTOR
Progreen Bldg., Inc.
Director
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EXHIBIT "A"
SCOPE OF WORK
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Attachment: Agmt No. 2015-24 Progreen Bldg - Cleaning Services Child Care (2016 : ProGreen Bldg
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Attachment: Agmt No. 2015-24 Progreen Bldg - Cleaning Services Child Care (2016 : ProGreen Bldg
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Attachment: Agmt No. 2015-24 Progreen Bldg - Cleaning Services Child Care (2016 : ProGreen Bldg
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Attachment: Agmt No. 2015-24 Progreen Bldg - Cleaning Services Child Care (2016 : ProGreen Bldg
EXHIBIT "B"
SCHEDULE OF COMPENSATION
I. AMOUNT OF COMPENSATION. For performing and completing all services
pursuant to Exhibit "A" Scope of Services, is a total amount not to exceed Eleven
Thousand Eight Hundred and Eighty Dollars ($11 ,880.00).
II. BILLING. At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement, Consultant shall submit an invoice
to the City at the following address:
City of Grand Terrace
22795 Barton Road
Grand Terrace, Ca 92313
The invoice submitted pursuant to this paragraph shall show the :
1) Purchase order number;
2) Project name/description;
3) Name and hours worked by each person who performed services during
the billing period;
4) The title/classification under which they were billed;
5) The hourly rate of pay;
6) Actual out-of-pocket expenses incurred in the performance of services;
and ,
7) Other such information as the City may reasonably require.
Ill. METHOD OF PAYMENT. Payment to Consultant for the compensation
specified in Section I, above, shall be made after the Executive Director or
designee determines that the billing submitted pursuant to Section II, above,
accurately reflects work satisfactorily performed. City shall pay Consultant
within thirty (30) days there from.
2
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Freeway Maintenance Agreement with Caltrans
PRESENTED BY: Yanni Demitri, Public Works Director
RECOMMENDATION: Adopt RESOLUTION NO. 2016-___, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CA AUTHORIZING ENTERING INTO A MAINTENANCE
AGREEMENT WITH CALTRANS
2030 VISION STATEMENT:
This staff report supports Goal #2 “Maintain Public Safety” by investing in vital
infrastructure and goal #4 “Develop and Implement Successful Partnerships” by
partnering with the State of California Department of Transportation “Caltrans”.
BACKGROUND:
The Barton Road / I-215 Interchange Project is currently in the final stages of design.
The project is fully funded by San Bernardino County Association of Governments
(SANBAG) and is designed by Caltrans. Construction is expected to commence in
November 2017 and last for 2 - 3 years.
This Project will erect a bridge along Barton Road over I-215 in the western side of the
City. Other improvements include street lighting, new landscape, new traffic signals, a
new round-about, etc.
DISCUSSION:
Every time that Caltrans constructs new improvements adjacent to the boundaries of
local jurisdictions an agreement needs to be entered into. Said agreement delineates
the roles and responsibilities for conducting various routine maintenance to said
improvements. The agreement is standard and the City share of maintenance is not
subject to modification by either party. The maintenance of the roadway surface on the
Barton Road bridge will become part of the City’s on-going pavement maintenance
program.
This maintenance agreement pertains to the bridge structures within Caltrans right of
way only. Other agreements regarding street lights and other miscellaneous
improvements will be signed separately.
FISCAL IMPACT:
No direct fiscal impact at this time.
ATTACHMENTS:
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Reso Caltrans (DOCX)
Caltrans Agreement (PDF)
APPROVALS:
Yanni Demitri Completed 10/04/2016 6:26 PM
Finance Completed 10/04/2016 7:42 PM
City Attorney Completed 10/04/2016 9:16 PM
City Manager Completed 10/04/2016 8:41 PM
City Council Pending 10/11/2016 6:00 PM
5
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Page 1 of 3
RESOLUTION 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY
MANAGER TO ENTER INTO A MAINTENACE AGREEMENT WITH
CALTRANS FOR THE BARTON ROAD / I-215 PROJECT
WHEREAS, San Bernanrdino County Association of Governments (Sanbag) is
funding the Barton Road / I-215 Interchange Project; and
WHEREAS, The project is designed by The State of California Department of
Transportation (Caltrans); and
WHEREAS, The project will construct various structures within the state right of
way but will be adjacent to City right of way and utilized by City residents and non-
residents; and
WHEREAS, A Maintenance Agreement is necessary between the State and the
City in order to stipulate the roles and responsibilities for maintaining the various
components of the new improvements.
NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF
GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS
FOLLOWS:
Section 1. The City Council finds that all of the above recitals are true and
correct and are incorporated herein by reference.
Section 2. The City Council authorizes the Mayor and City Manager to enter
into a Maintenance Agreement with Caltrans pertaining to the Barton Road / I-215
Interchange Project.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 11th day of October, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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Page 3 of 3
I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that
the foregoing Resolution was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 11th day of October, 2016 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Pat Jacques-Nares
City Clerk
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: City Council Approval of the Agreement for Taxing Entity
Compensation for Disposition of Property #4 Pursuant to the
City of Grand Terrace’s Long Range Property Management
Plan
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1) Approve the Agreement for Taxing Entity
Compensation (21992 and 21974 De Berry Street and
21900 Block of Van Buren Street; and
2) Authorize the Mayor to Sign the Agreement.
2030 VISION STATEMENT:
This staff report supports Goal #3 "Promote Economic Development" which, in turn,
promotes Goal #1 "Ensure Our Fiscal Viability". Approval of Taxing Entities
Compensation agreements will allow the City to successfully implement its Long Range
Property Management Plan (LRPMP); to develop, to sell the property for commercial
development, to attract new business, and to establish new revenue sources.
BACKGROUND/DISCUSSION:
Health and Safety Code Section 34191.5 required the Successor Agency to submit its
Long-Range Property Management Plan (LRPMP) to the California Department of
Finance (DOF) for approval. The PMP was approved on April 23, 2015 and pursuant to
the DOF direction and the California Health and Safety Code 34180(f)(), the City and
the Successor Agency agreed to enter into Compensation Agreement with Taxing
Entities to address distribution of proceeds from the sale of property conveyed to the
City pursuant to the LRPMP.
On July 21, 2015, the City Council authorized the City Manager to commence
negotiations with the nine taxing entities on an Agreement for Taxing Entity
Compensation (Agreement) for Property #4 as identified in the LRPMP.
Based on that direction the Agreement was forwarded to the nine taxing entities. After
review and revisions, the Agreement has been signed by all of the taxing entities. The
City receives approximately 20% of the property tax share and is a signatory to the
Agreement. As such, the Council should formally approve the Agreement, and direct the
Mayor to sign the Agreement.
FISCAL IMPACT:
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The City will continue to receive its share of property tax revenue.
ATTACHMENTS:
GT Taxing Entity Compensation Agreement 21992 and 21974 De Berry Street
(PDF)
APPROVALS:
Sandra Molina Completed 10/03/2016 5:29 PM
Finance Completed 10/04/2016 9:48 AM
City Attorney Completed 10/04/2016 1:21 PM
City Manager Completed 10/04/2016 8:43 PM
City Council Pending 10/11/2016 6:00 PM
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AGREEMENT FOR TAXING ENTITY COMPENSATION
21992 and 21974 De Berry Street
21900 Block of Van Buren Street
This Master Agreement for Taxing Entity Compensation (this Agreement dated for
reference purposes as of _______________,2016,is entered into by and among the Successor
Agency to the former Community Redevelopment Agency of the City of Grand Terrace, a public
Successor Agency
City Taxing Entities , the signatories
herein.
RECITALS
A.Pursuant to Assembly Bill x1 26,effective February 1,2012,the Redevelopment
Agency of the City of Grand Terrace (was dissolved,and pursuant
to Health &Safety Code Section 34173,the City elected to serve as the Successor Agency.
B.Pursuant to Health and Safety Code Section 34191.5,the Successor Agency
prepared an Amended Long-Range Property Management Plan that addresses
disposition of certain real property formerly owned by the Redevelopment Agency, including the
real property commonly known as 21992 and 21974 De Berry Street and the 21900 Block of
Van Buren Street, APN #s 1167-141-08, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-
03, 1167-161-04, 1167-151-22 (the Property all located in the City of Grand Terrace,
County of San Bernardino, California,and more particularly depicted in page 14 of the
LRPMP .
C.On December 17,2014,the LRPMP was approved by Resolution of the
Oversight Board to the Successor Agency (the ,a seven-member board
established pursuant to Health and Safety Code Section 34179 that includes representatives
appointed by the County Board of Supervisors,City,the Superintendent,and San Bernardino
Valley Municipal Water District.
D.On April 23,2015,the State Department of Finance ()approved the
LRPMP.
E.Pursuant to the LRPMP,the Successor Agency shall convey the Property to the
City in the manner provided by Health and Safety Code section 34180(f)and in consideration
of their approval, the Taxing Entities shall be compensated as provided herein.
NOW THEREFORE,the Parties agree as follows.
1.Purpose.This Agreement is executed with reference to the facts set forth in the
foregoing Recitals which are incorporated into this Agreement by this reference.The purpose
of this Agreement is to address the allocation of certain prospective revenues among the
Taxing Entities entitled to share in the property tax base (for the Property
formerly administered by the Redevelopment Agency.
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2.Special Districts and Funds.The governing boards of certain of the Taxing Entities
administer certain special districts and funds that receive allocations of property taxes from the
Property,and are authorized to execute this Agreement on behalf of such special districts and
funds as described below.
2.1 County Funds.The County of San Bernardino (County) administers the
following special funds, and in addition to entering into this Agreement for the County itself, is
authorized to, and has entered into and executed this Agreement on behalf of the following::
(a)County General Fund
(b)County Free Library
2.2 County Flood Control District. The County of San Bernardino Flood Control
District (Flood Control District) administers the following special funds, and in addition to
entering into this Agreement for the Flood Control District itself, is authorized to, and has
entered into and executed this Agreement on behalf of the following:
(a)Flood Control District Zone 2
(b)Flood Control Administration 1 & 2
2.3 County Fire Protection District. The San Bernardino County Fire Protection
District (County Fire Protection District) administers the following special funds, and in
addition to entering into this Agreement for the Fire Protection District itself, is authorized to,
and has entered into and executed this Agreement on behalf of the following:
(a)County Fire District Valley Service
(b)County Fire District Administration
2.4 Superintendent of Schools.The San Bernardino County Superintendent of Schools
administers the following special districts and funds and in addition to entering into this Agreement for
itself is authorized to and has entered into and executed this Agreement on behalf of the
Superintendent itself and the following:
Superintendent of Schools
2.5 San Bernardino Community College District.The San Bernardino Community
College District administers the following special districts and funds and in addition to entering into this
Agreement for itself is authorized to and has entered into and executed this Agreement on behalf
of itself,and on behalf of the following:
San Bern. Comm. College Dist.
2.6 Colton Joint United School District.The Colton Joint United School District
administers the following special districts and funds and in addition to entering into this Agreement for
itself is authorized to and has entered into and executed this Agreement on behalf of itself and
the following:
Colton Joint USD
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2.7 Riverside-Corona Resource Conservation District.The Riverside-Corona
Conservation District administers the following special districts and funds and in addition to entering
into this Agreement for itself is authorized to and has entered into and executed this Agreement on
behalf of itself and the following:
Riverside-Corona Conserv. Dist.
2.8 San Bernardino Valley Municipal Water District.The San Bernardino Valley
Municipal Water District administers the following special districts and funds and in addition to
entering into this Agreement for itself is authorized to and has entered into and executed this
Agreement on behalf of itself and the following special fund:
San Bern.Valley MWD
3.Property to be Conveyed for Development Consistent with Plans.
(a) The LRPMP provides that pursuant to Health &Safety Code Section 34191.5(c)(2),the
Property will be transferred by the Successor Agency to the City for disposition to a third-party
developer consistent with the Mixed Use Specific Plan that addresses development of the Property
and the Grand Terrace General Plan.The Taxing Entities each acknowledge that in
consideration of its share of the Net Unrestricted Proceeds
its share of the Net Unrestricted Proceeds from all or any portion of the Property, said Taxing
Entity relinquishes and has no further interest in the Property or to the portion of the Property
from which the Net Unrestricted Proceeds were generated.
(b) Notwithstanding anything to the contrary herein or in the LRPMP, to the extent the City
retains the Property, or any portion thereof, and the City performs development activities funded
from the City's own funds and under the City's auspices, the City must pay the Taxing Entities
the higher of: (i) the current fair market value of the property retained by the City; or (ii) the fair
market value, as of the 2011 tax lien date, of the Property or such portion thereof retained by the
City. The appraisals required under this section shall be performed by an independent appraiser
approved by the Successor Agency's Oversight Board (collectively, the "Retention Value").
4.Compensation Arrangement.The City agrees that,consistent with the LRPMP,in
connection with the conveyance of any of the parcels comprising the Property, made to third-
party developers subsequent to the initial conveyance from Successor Agency to City, the City
will instruct the third-party developer to remit the purchase price into escrow and require the escrow
company to distribute the Net Unrestricted Proceeds to the Taxing Entities in accordance with
each Taxing pro rata share of the Tax Base of the Property as more specifically set forth
Net Unrestricted Proceeds shall mean, with respect to the Property, the gross purchase price and
other compensation received by the City for the sale of the Property,less any proceeds of sale that
are restricted by virtue of the source of funds (e.g. grant funds or proceeds of bonds) that were
used for the original acquisiti
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actual costs for the following (but only to the extent paid from City funds and not from funds
provided by the Successor Agency, a Developer, or another separate entity):
(i)actual costs, for normal maintenance, management and insurance of the
applicable Property from the date the Property is transferred by the Successor Agency to
the City to the date the Property is disposed of by the City pursuant to this Agreement;
plus
(ii)actual costs of any capital improvements or repairs to maintain the Property in
a safe and lawful condition incurred from the date the Property is transferred by the
Successor Agency to the City to the date the Property is disposed of by The City to the
Developer pursuant to this Agreement; plus
(iii)
pollution legal liability insurance premiums, if any, required to be paid by the City under
agreement with a party purchasing the Property to prepare the Property for disposition,
but only to the extent the Property is disposed of by the City pursuant to this Agreement;
plus
(iv)
consultant and marketing, title company, title insurance and to the extent applicable any
other costs related to Developer selection, preparation and approval of a development
agreement, and closing costs for disposition of the Property; plus
(v)Any broker's commissions payable by the City pursuant to a development agreement for
the Property but only to the extent the Property is disposed of by the City to a Developer
pursuant to a development agreement.
Upon request,the City shall deliver to the Taxing Entities an accounting of all such costs,
expenses and restricted proceeds. For purposes of this Section, City and Successor Agency
represent that Parcel # 1167-151-22 was purchased using proceeds from a 2011 A & B Tax
Allocation Bond. However, there is no restriction on the proceeds of sale of any parcel, by virtue
of the source of funds used for acquisition within the meaning of this Section.
This Section 4 shall not apply the Property, or any portion thereof, retained by the City for
development activities performed by the City funded from the City's own funds and under the
City's auspices, which shall instead require distributions of the full Retention Value. The City
agrees that, consistent with the LRPMP, in connection with the retention of any of the parcels
comprising the Property, for development activities undertaken by the City,funded from the City's
own funds and under the City's auspices, the City will distribute to the Taxing Entities in
Tax Base of the Property as more
.
5.Sale Procedures and Proceeds.The Parties acknowledge that City is obligated to convey
the Property for development consistent with the LRPMP.The Parties further acknowledge that
consistent with Senate Bill 470,prior to the disposition of the Property or any part thereof,the
City may be obligated to hold a noticed public hearing and prepare a report that includes,among
other things (i)an explanation of why the disposition will assist in the creation,retention,or
expansion of job opportunities,increased property tax revenues,and the development of
affordable housing,transit priority projects and sustainable development,and (ii)an explanation
of the difference between the highest and best use value and the disposition price taking into
consideration development constraints and requirements,and the covenants,conditions and
development costs required by the sale or lease. Upon preparation of the report required by
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Government Code Section 52201, in addition to the public notice requirements therein the City
will deliver a copy of said report to all Taxing Entities. The County Educational Revenue
Augmentation Fund ("ERAF")may be entitled to a distribution of a portion of the Net
Unrestricted Proceeds from the disposition of each Property. Pursuant to instruction and
direction from the DOF and the Auditor-Controller, there is no need for a separate signatory to
execute this Agreement on behalf of ERAF because the ultimate beneficiaries of any distribution
of Disposition Proceeds to ERAF are themselves Taxing Entities that are signatories to this
Agreement.By executing this Agreement, the Taxing Entities consent to such distribution to
ERAF as more specifically set forth in Exhibit B.
6.Compensation Agreement.Health and Safety Code Section 34191.3 provides that once an
LRPMP has been approved by DOF,the LRPMP supersedes all other provisions of the statute
relating to the disposition and use of the former redevelopment real property assets. With
the previous Oversight Board consent and DOF approval of the Long Range Property Management
Plan,the City and Successor Agency enter into this agreement with the Taxing Entities to
address the disposition of the Property pursuant to this Long Range Property Management Plan.
The Parties intend this Agreement to satisfy the requirement of California Health and Safety Code
§34180(f)(1) and the LRPMP.
7.Notice of Compensation Agreement. No later than fourteen (14) business days following
execution of this Agreement by all parties, the City shall record in the Official Records of the
ly in the form
attached hereto as Exhibit D and incorporated herein by this reference. The City shall mail a copy
of the recorded Notice of Compensation Agreement to all Taxing Entities within a reasonable time
of receipt of the recorded Notice of Compensation Agreement.
8.Miscellaneous Provisions.
8.1 Notices.Except as otherwise specified in this Agreement,all notices to be sent
pursuant to this Agreement shall be made in writing,and sent to the Parties at their respective
addresses specified on the signature pages to this Agreement or to such other address as a Party
may designate by written notice delivered to the other Parties in accordance with this Section.
All such notices shall be sent by:(i)personal delivery,in which case notice is effective upon
delivery;(ii)certified or registered mail,return receipt requested,in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;or (iii)nationally
recognized overnight courier,with charges prepaid or charged to the account,in which
case notice is effective on delivery if delivery is confirmed by the delivery service.
8.2 Headings;Interpretation.The section headings and captions used herein are solely
for convenience and shall not be used to interpret this Agreement.The Parties agree that this
Agreement shall not be construed as if prepared by one of the Parties,but rather according to its
fair meaning as a whole,as if all Parties had prepared it.
8.3 Action or Approval.Whenever action and/or approval by City is required under
this Agreement,the City Manager or his or her designee may act on and/or approve such matter
unless specifically provided otherwise,or unless the City Manager determines in his or her
discretion that such action or approval requires referral to City Council for consideration.
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8.4 Entire Agreement.This Agreement,including all Exhibits attached hereto and
incorporated herein by this reference,contains the entire agreement among the Parties with
respect to the subject matter hereof,and supersedes all prior written or oral agreements,
understandings,representations or statements between the Parties with respect to the subject
matter hereof.
8.5 Counterparts.This Agreement may be executed in counterparts,each of which
shall be an original and all of which taken together shall constitute one instrument.The
signature page of any counterpart may be detached therefrom without impairing the legal effect
of the signature(s)thereon provided such signature page is attached to any other counterpart
identical thereto having additional signature pages executed by the other Parties.Any executed
counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be
deemed as binding as if an originally signed counterpart was delivered.
8.6 Severability.If any term,provision,or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement
shall continue in full force and effect unless an essential purpose of this Agreement is defeated
by such invalidity or unenforceability.
8.7 No Third Party Beneficiaries.Except as expressly set forth herein,nothing
contained in this Agreement is intended to or shall be deemed to confer upon any person,other
than the Parties and their respective successors and assigns,any rights or remedies hereunder.
8.8 Parties Not Co-Venturers;Independent Contractor;No Agency Relationship..
Nothing in this Agreement is intended to or shall establish the Parties as partners,co-venturers,
or principal and agent with one another.The relationship of the Parties shall not be construed as
a joint venture,equity venture,partnership or any other relationship.
8.9 Governing Law;Venue.This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws.Any action to enforce or interpret this Agreement shall be filed and heard in the Superior
Court of San Bernardino County,California or in the Federal District Court for the Central
District of California.
SIGNATURES ON FOLLOWING PAGES.
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IN WITNESS WHEREOF,the Parties have executed this Agreement by their authorized
representatives as indicated below.
CITY OF GRAND TERRACE,A MUNICIPAL CORPORATION
By:
Name:
Title:
Attest by:
City Clerk
Approved as to form:
CityAttorney
Address for Notices:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attn: City Clerk
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement.
SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE, A PUBLIC ENTITY ESTABLISHED
UNDER HEALTH AND SAFETY CODE 34173
By:
Name:
Title:
Attest by:
Agency Secretary
Approved as to form:
Agency Attorney
Address for Notices:
Successor Agency
22795 Barton Road
Grand Terrace, CA 92313
Attn: City Clerk
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of each of the
following entities and funds:
County of San Bernardino
COUNTY OF SAN BERNARDINO
_______________________
James Ramos, Chairman, Board of Supervisors
Dated:________________
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD
Laura H. Welch
Clerk of the Board of Supervisors
Of the County of San Bernardino
By________________
Deputy
Approved as to Legal Form:
_________________
Michelle D. Blakemore
Chief Assistant County Counsel
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of each of the
following entities and funds:
Flood Control
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
_______________________
James Ramos, Board Chairman
Dated:____________
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE BOARD
Laura H. Welch, Clerk of the Board
By:___________
Deputy
Approved as to Legal Form
_________________
Mitchell Norton, Deputy
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of each of the
following entities and funds:
Fire Protection District
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
_________________
James Ramos, Chairman, Board of Directors
Dated:_________
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE BOARD
Laura H. Welch, Secretary
By:__________
Approved as to Legal Form:
_________________
Carol Greene, Deputy County Counsel
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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1610\10\1847227.1
The undersigned authorized signatory hereby executes this Agreement on behalf of the
following entities and funds:
Superintendent of Schools
SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS
By:_
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of the
following entities:
San Bern. Comm. College Dist.
SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
By:_
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of the
following entities:
Colton Joint USD
COLTON JOINT UNIFIED SCHOOL DISTRICT
By:_
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
SIGNATURES CONTINUE ON FOLLOWING PAGES.
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The undersigned authorized signatory hereby executes this Agreement on behalf of the
following entities:
Riverside-Corona Conservation. Dist.
RIVERSIDE-CORONA RESOURCE CONSERVATION DISTRICT
By:_
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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The undersigned authorized signatory hereby executes this Agreement on behalf of the
following entities:
San Bernardino Valley MWD
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By:_
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
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EXHIBIT A
TAXING ENTITIES
County of San Bernardino General Fund
County of San Bernardino County Free Library
County of San Bernardino Flood Control District
County of San Bernardino Fire District
San Bernardino County Superintendent of Schools
San Bernardino Community College District
Colton Joint Unified School District
Riverside-Corona Conservation District
San Bernardo Valley Municipal Water District
"Taxing Entities" shall also mean and include Educational Revenue Augmentation Fund
maintained by the Auditor-Controller pursuant to the Agreement and the provisions of Health
and Safety Code Section 34188. Notwithstanding anything to the contrary herein, ERAF is only
considered a Taxing Entity for purposes of distributing funds and for no other purpose, and no
additional approval or signature will be required on behalf of ERAF.
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EXHIBIT B
BREAKDOWN OF TAXING ENTITIES SHARE OF TAX BASE
Taxing Entity Property Tax Share
County of San Bernardino General Fund
County of San Bernardino County Free Library
County of San Bernardino Flood Control
County of San Bernardino Fire District
San Bernardino County Superintendent of Schools
San Bernardino Community College District
Colton Joint Unified School District
Riverside-Corona Conservation District
San Bernardo Valley Municipal Water District
ERAF
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EXHIBIT C
DEPICTION OF PROPERTY AS SET FORTH IN LRPMP
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Long-Range Property Management Plan
City of Grand Terrace Successor Agency
November 13, 2014
Page 14 of 19
Property #4: Mixed-Use Specific Plan Project
Parcel Data Property #4
Address
W.Commerce Dr.
21992 & 21974 De Berry St.
21900 Block of Van Buren St.
APN
1167-141-08
1167-151-68, 71, 22
1167-161-03, 04,74
Lot Size 54.1 acres
Use Vacant Land
Zoning
Commercial manufacturing: 1167-141-08, 1167-151-22, 1167-161-03, 04
Restricted Manufacturing: 1167-151-71, 74
M-2 Industrial: 1167-151-68
General Plan Mixed-Use (Commercial / Residential Mix)
Current Title City of Grand Terrace Successor Agency
RESOLUTION NO. 2014-06 PAGE 1 OF 21 DECEMBER 17, 2014
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EXHIBIT D
NOTICE OF COMPENSATION AGREEMENT
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REQUESTED BY AND WHEN
RECORDED MAIL TO:
County of San Bernardino
Department of Community
Development and Housing
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0043
RECORDER: EXEMPT
Record without fee per Govt. 6103
____________________________________________________________________________________
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
APN(S):1167-141-08, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-03, 1167-161-04,
1167-151-22
COMPENSATION AGREEMENT
(City of Grand Terrace 21992 and 21974 De Berry Street and 21900 Block of Van Buren
Street)
NOTICE IS HEREBY GIVEN, that the Successor Agency to the former Community
Redevelopment Agency of the City of Grand Terrace (the "Successor Agency"), the City of
Grand Terrace (the "City"), the San Bernardino County General Fund, the San Bernardino
County Flood Control District, the San Bernardino County Free Library, the San Bernardino
County Superintendent of Schools, The County Fire District, the San Bernardino Community
College District, the Riverside-Corona Conservation District, and the San Bernardino Valley
MWD ("Taxing Entities") entered into that certain Compensation Agreement,dated [INSERT
DATE] (the "Compensation Agreement"), with reference to that certain real property located in
the City of Grand Terrace known as 21992 and 21974 De Berry Street and the 21900 Block of
Van Buren Street, and further described in Exhibit A incorporated herein by reference (the
"Property").
The Successor Agency is the successor in interest to the dissolved Community Redevelopment
Agency of the City of Grand Terrace (the "Former RDA"). Upon the Former RDA's dissolution
title to the Property transferred to the Successor Agency. As authorized under the
"Redevelopment Dissolution Statutes (Part 1.8 and 1.85 of Division 24 of the Health and Safety
Code), the Successor Agency has prepared, and the California Department of Finance has
approved, a Long Range Property Management Plan ("LRPMP").
Under the approved LRPMP, the Successor Agency is authorized to transfer the Property to the
City, subject to the terms of the Compensation Agreement. Substantially concurrently herewith,
in conformance with the terms of the LRPMP, the Successor Agency is transferring title to the
Property to the City (in its capacity as owner of the Property, the City shall be referred to as the
"Owner"). As designated in the LRPMP, the City will retain the Property for [a governmental
purpose as allowed under Health and Safety Code Section 34181 OR to future development for a
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project in approved redevelopment plan as allowed under Health and Safety Code Section
34191.5(c)(2)].
Among other requirements, the LRPMP requires the City to execute the Compensation
Agreement with the Taxing Entities providing for a contingent payment of Disposition Proceeds
(as defined in the Compensation Agreement) upon the Owner's subsequent disposition of the
Property, under specified conditions.
The Compensation Agreement includes certain obligations related to the Property, including
without limitation and as further described in the Compensation Agreement:
1. A requirement for the Owner to provide the Taxing Entities with notice of the
DDA Public Hearing Notice pursuant to Section 5(a) or the Notice of FMV Payment pursuant to
Section 5(b), which notices shall include the information required under the Compensation
Agreement.
2. A requirement that the Owner provide the Taxing Entities and the County
Auditor-Controller a Disposition Proceeds Statement including the information required under
Section 6 of the Compensation Agreement.
3. A requirement for the Owner remit the Disposition Proceeds to the County-
Auditor Controller for distribution to the Taxing Entities in proportion to their Applicable Shares
base property tax as determined by the County's Auditor-Controller pursuant to Health and
Safety Code Section 34188 and the Compensation Agreement.
A complete copy of the Compensation Agreement is maintained in the Office of the Clerk of the
Board of Supervisors, and is available to review at 385 N. Arrowhead Avenue, Second Floor,
San Bernardino, CA between 9 a.m. and 5 p.m.
In the event of any conflict between this summary of the Compensation Agreement (the
"Summary") and the Compensation Agreement, the terms of the Compensation Agreement shall
prevail.
This Summary may only be amended or terminated with the written agreement of the Owner and
the City.
Upon the earlier of satisfaction of the requirements of the Compensation Agreement as outlined
in Section 6(c) of the Compensation Agreement, or earlier termination of the Compensation
Agreement pursuant to Section 7 of the Compensation Agreement, the City shall release this
Summary (the "Release"), by the execution and recordation of a release in substantially the form
attached hereto as Exhibit B, incorporated herein by reference.
This Summary is being recorded and filed by the Owner of the Property, and shall be indexed
against the Owner's interest in the Property and the City.
[Remainder of Page Left Intentionally Blank.]
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Compensation Agreement
Signature Page
1610\10\1813400.2
IN WITNESS WHEREOF, the Owner and the County have entered into this Compensation
Agreement as of the first date written above.
City:
City of Grand Terrace, a political subdivision of the
State of California
By:_________________________________
Date:_____________________
APPROVED AS TO LEGAL FORM:
By:__________________________
Date:__________________
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Compensation Agreement
Signature Page
1610\10\1813400.2
COUNTY:
COUNTY OF SAN BERNARDINO, a political subdivision
of the State of California
CITY:
City of Grand Terrace, a political subdivision of the State of
California
By:_____________________________________
APPROVED AS TO LEGAL FORM:
By:____________________________________
Date:________________________
[ALL SIGNATURES MUST BE NOTARIZED]
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1610\10\1813400.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________)
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
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.
______________________________________
Name: ______________________________
Notary Public
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.
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1610\10\1813400.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________)
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
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.
______________________________________
Name: ______________________________
Notary Public
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.
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A-1
1610\10\1813400.2
EXHIBIT A
LEGAL DESCRIPTION
The leased land is situated in the State of California, City of Grand Terrace, and is described as
follows:
1167-141-08-0000
CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS FOLLOWS:
PARCEL NO. 7 OF PARCEL MAP NO. 3803, AS PER PLAT RECORDED 1N BOOK 49 OF
PARCEL MAPS, PAGE(S) 16 AND 17, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
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A-2
1610\10\1813400.2
1167-151-22-0000
PARCEL 1:
LOT 26 AND THAT PORTION OF LOT 25 LYING EAST OF THE RIGHT OF WAY OF RIVERSIDE
WATER COMPANY'S CANAL, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO MAP SHOWING LAND OF THE EAST RIVERSIDE LAND
COMPANY, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID
COUNTY.
EXCEPT THAT PORTION OF LOT 25 GRANTED TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, A BODY CORPORATE AND POLITIC RECORDED DECEMBER 21, 1964
IN BOOK 6297, PAGE 333, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THOSE TWO PARCELS CONVEYED TO THE CITY OF
RIVERSIDE, A MUNICIPAL CORPORATION, BY DEED RECORDED FEBRUARY 10, 1992 AS
INSTRUMENT No. 92-047279 OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 2:
AN EASEMENT FOR ROADWAY PURPOSES OVER THE WESTERLY 30 FEET OF THE
FOLLOWING DESCRIBED PROPERTY;
THAT PORTION OF LOT 25, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST; SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP SHOWING LAND OF EAST
RIVERSIDE LAND COMPANY,IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID
COUNTY, SAID PORTION ALSO BEING DESCRIBED IN DIRECTOR'S DEED RECORDED IN
BOOK 5701, PAGE 635, OFFICIAL RECORDS OF SAID COUNTY, SAID PART MORE
PARTICULARLY DESCRIBED AS BEING ALL OF SAID PORTION LYING FROM THE RIGHT
OF WAY OF RIVERSIDE WATER COMPANY'S CANAL AND SOUTHERLY OF THE
SOUTHERLY DESCRIBED LINE.
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 25;
HE NORTH LINE OF SAID LOT 25 A DISTANCE
OF 289.05 FEET TO THE WEST LINE OF SAID RIVERSIDE WATER COMPANY'S CANAL
RIGHT OF WAY;
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 69° 19'
TERMINATION, IN THE WESTERLY LINE OF SAID PORTION OF LOT 25 DESCRIBED IN DEED
RECORDED IN SAID BOOK 5701, PAGE 635, OFFICIAL RECORDS.
PARCEL 3:
AN EASEMENT FOR ROADWAY PURPOSES, DESCRIBED AS FOLLOWS:
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A-3
1610\10\1813400.2
ALL THAT PART OF THAT PORTION OF LOT 25, SECTON 5, TOWNSHIP 2 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, AS SAID LOT IS SHOWN ON THE MAP OF THE LANDS
OF THE EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF
SAID COUNTY, SAID LOT ALSO BEING SHOWN ON LICENSED LAND SURVEYOR'S MAP
RECORDED IN BOOK 7, PAGES 65 AND 66, RECORDS OF SURVEY, SAID PORTION BEING
THAT REAL PROPERTY CONVEYED BY DEED RECORDED IN BOOK 5786, PAGE 978,
OFFICIAL RECORDS OF SAID COUNTY, SAID PART BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 30.00 FEET OF SAID PORTION OF LOT 25, LYING EASTERLY FROM,
MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY PROLONGATION OF THE WEST LINE
OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED IN BOOK 4303, PAGE 150, OFFICIAL RECORDS OF SAID COUNTY.
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A-4
1610\10\1813400.2
1167-151-68-0000
PARCEL 3 AND PORTIONS OF PARCEL 2 AS SHOWN ON A CERTIFICATE OF
COMPLIANCE RECORDED AS DOCUMENT NO. 19970394085 AND AS SHOWN ALSO
ON RECORD OF SURVEY NO. 98-0077 FILED IN BOOK 110 PAGES 84 THROUGH 87 OF
RECORDS OF SURVEY ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA AS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID PARCEL 2 OF SAID
WEST 340.93 FEET FROM THE NORTHERLY TERMINOUS THEREOF, SAID POINT
BEING ALSO THE INTERSECTION OF SAID WEST LINE AND THE WESTERLY
PROLONGATION OF THE NORTH LINE OF PARCEL 1 OF SAID CERTIFICATE OF
266.45 FEET; THENCE CONTINUING ALONG
TO THE NORTH LINE OF PICO STREET AS SHOWN ON SAID RECORD OF SURVEY;
THENCE
70.00 FEET TO THE EAST LINE OF SAID PARCELS 2 AND 3 OF SAID CERTIFICATE
OF COMPLIANCE; THENCE LEAVING SAID NORTH LINE OF PICO STREET AND
ALONG SAID EAST LINE OF PARCELS 2 AND 3 THE FOLLOWING COURSES:
TO THE NORTHWESTERLY LINE OF SAID
PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG THE SAID
NORTHWESTERLY AND WESTERLY LINES OF SAID PARCELS 2 AND 3 THE
OF A 248.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; ALONG SAID
6.a
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A-5
1610\10\1813400.2
1167-151-71-0000
CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO STATE OF
CALIFORNIA, AS FOLLOWS:
LOT 39 AND 40 OF EAST RIV ERSI DE LAND COMPANY PER MAP RECORDED IN
EAST RIVERSIDE LAND CO SUB LOT 41 AND WEST Y2 LOT 42 SEC 5 TP 2S R 4W
EX WLY 15 FT SD LOT 41 AND EX W 85 FT S 141.01 FT SD LOT 41 EX PTN LYN
6.a
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A-6
1610\10\1813400.2
1167-151-74-0000
LOT 39 AND 40 OF EAST RIV ERSI DE LAND COMPANY PER MAP RECORDED IN
BOOK 6, PAGE 44 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, STATE
OF CALIFORNIA;
EXCEPTING THEREFROM THAT PORTION OF LOT 39 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 39;
THENCE NORTH 89°53'26" WEST ALONG THE SOUTH LINE OF SAID LOT 39,
329.78 FEET;
THENCE NORTH 00°04'28" EAST, 331.23 FEET;
THENCE SOUTH 89°53'27" EAST, 329.85 FEET TO THE EAST LINE OF SAID LOT
39; THENCE SOUTH 00°05'10" WEST, 331.23 FEET TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 40 DESCRIBED AS
FOLLOWS:
THE WEST 15.00 FEET OF SAID LOT 40 AS CONVEYED TO THE SOUTHERN
CALIFORNIA ROAD MOTOR COMPANY RECORDED APRIL 25, 1888 IN BOOK 73,
PAGE 345 OF DEEDS, RECORDS OF SAID COUNTY.
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A-7
1610\10\1813400.2
1167-161-03-0000
PORTION OF LOT 11 ACCORDING TO MAY SHOWING LANDS OF EAST RIVERSIDE
LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6
OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A
NORTHERLY DIRECTION ALONG THE EASTERLY LINE OF SAID LOT, A
DISTANCE OF 410.63 FEET TO A POINT 218.77 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY AND PARALLEL TO
THE NORTH LINE OF SAID LOT, A DISTANCE OF 50 FEET TO A POINT;
THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT, A
DISTANCE OF 218.77 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID
LOT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT, A
DISTANCE OF 175 FEET TO A POINT; THENCE SOUTHERLY AND PARALLEL
TO THE EAST LINE OF SAID LOT, A DISTANCE OF 629.4 FEET, MORE OR LESS,
TO THE SOUTH LINE OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH
LINE OF SAID LOT, A DISTANCE OF 225 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LOT 11, ACCORDING TO MAP
SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY AS PER PLAT
RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE
OF SAID LOT A DISTANCE OF 130 FEET; THENCE IN A WESTERLY DIRECTION
AND PARALLEL TO THE SOUTH LINE OF SAID LOT, A DISTANCE OF 85 FEET;
THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE
OF SAID LOT, A DISTANCE OF 130 FEET; THENCE EASTERLY ALONG THE
SOUTH LINE OF SAID LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF
BEGINNING.
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A-8
1610\10\1813400.2
1167-161-04-0000
THAT PORTION OF LOT 11 OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF GRAND TERRACE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP
SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY, RECORDED IN BOOK 6 OF
MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF
SAID LOT A DISTANCE OF 130 FEET; THENCE IN A WESTERLY DIRECTION AND
PARALLEL TO THE SOUTH LINE OF SAID LOT, A DISTANCE OF 85 FEET; THENCE IN
A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT, A
DISTANCE OF 130 FEET; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING.
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EXHIBIT B
FORM OF RELEASE AGREEMENT
REQUESTED BY AND WHEN
RECORDED MAIL TO:
County of San Bernardino
Department of Community
Development and Housing
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0043
RECORDER: EXEMPT
Recording without fee per Govt. 6103
_____________________________________________________________________________________
APN(S): APN(S):1167-141-08, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-03, 1167-
161-04, 1167-151-22
AGREEMENT TO RELEASE
(City of Grand Terrace 21992 and 21974 De Berry Street and 21900 Block of Van Buren
Street)
This Agreement to Release is made as of [INSERT DATE] (this "Release Agreement"),
by the City of Grand Terrace, in its capacity as a taxing entity (the "City") and in its capacity as
the owner of that certain real property located at 21992 and 21974 De Berry Street and the 21900
Block of Van Buren Street in the City of Grand Terrace, and further described in Exhibit A
incorporated herein by reference.
RECITALS
A.the Successor Agency to the former Community Redevelopment Agency of the
City of Grand Terrace (the "Successor Agency"), the City of Grand Terrace (the "City"), the San
Bernardino County General Fund, the San Bernardino County Flood Control District, the San
Bernardino County Free Library, the San Bernardino County Superintendent of Schools, The
County Fire District, the San Bernardino Community College District, the Riverside-Corona
Conservation District, and the San Bernardino Valley MWD (collectively with the City known as
the "Taxing Entities") entered into that certain Compensation Agreement dated [INSERT DATE]
(the "Compensation Agreement"), with reference to the Real Property.
B.In connection with the Compensation Agreement, the Owner and the City
executed the Summary, which was recorded against the Real Property in the Official Records of
the County of San Bernardino as Instrument No. [INSERT RECORDING NUMBER] on
[INSERT DATE].
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1610\10\1813400.2
C.The City has determined that the Owner has fulfilled its obligations under the
Compensation Agreement and desires to release the Summary from the Owner's interest in the
Real Property.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and the mutual benefits accruing to the parties hereto and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is
hereby declared, understood and agreed as follows:
The City hereby releases the Owner (and its successors) and the Real Property from any
and all obligations owed to the City under the Summary.
In granting this Release Agreement, the City hereby expressly waives and relinquishes all
rights and benefits afforded by California Civil Code Section 1542, as well as any similar law,
statute, provision or policy in any other jurisdiction subsequently adopted in the State of
California, and the County understands and acknowledges the significance of such specific
waiver of California Civil Code Section 1542, which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
________________
City Initials
Section 3.This Release Agreement contains the entire agreement between the parties
hereto and supersedes all prior agreements, oral or written, with respect to the subject matter
hereof. This Release Agreement shall not be construed as if it had been prepared by one of the
parties, but rather as if both parties had prepared it.
Section 4.This Release Agreement shall be binding on and inure to the benefit of the
legal representatives, heirs, successors and assigns of the parties.
Section 5.This Release Agreement shall be governed by and construed in accordance
with the laws of the State of California.
Section 6.This Release Agreement may be signed by the different parties hereto in
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same agreement.
[Signatures on following page]
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1610\10\1813400.2
IN WITNESS WHEREOF, the parties have executed this Agreement to Release as of the day first above written.
CITY:
CITY OF GRAND TERRACE, a political
subdivision of the State of California
By:_________________________________
Date:_____________________
APPROVED AS TO LEGAL FORM:
By:__________________________
Date:________________
[ALL SIGNATURES MUST BE NOTARIZED]
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1610\10\1813400.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________)
On ____________________, before me, ___________________________, Notary Public, personally appeared
______________________________________, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
______________________________________
Name: ______________________________
Notary Public
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1610\10\1813400.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________)
On ____________________, before me, ___________________________, Notary Public, personally appeared
______________________________________, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
______________________________________
Name: ______________________________
Notary Public
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Second Reading of Zoning Amendments Related to the
2013-2021 Housing Element
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: Read by title only, waiver further reading and adopt an
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE APPROVING AN ADDENDUM TO THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE GENERAL PLAN AND ADOPTING
ZONING CODE AMENDMENT 16-01 REVISING TITLE 18
OF THE MUNICIPAL CODE AND ZONE CHANGE 16-01
REVISING THE ZONING MAP IN CONFORMANCE WITH
THE GENERAL PLAN HOUSING ELEMENT AND LAND
USE ELEMENT
2030 VISION STATEMENT:
A compliant Housing Element supports Goal #1, Ensuring Fiscal Viability and Goal #3,
Promote Economic Development by providing an internally consistent General Plan.
BACKGROUND/DISCUSSION:
On September 27, 2016, the City Council took actions to adopt General Plan
Amendment 16-01 approving a revised 2013-2021 Housing Element. The Council also
adopted a revised Resolution to amend to the General Plan Land Use Element to re-
designate a two acre site (21882 Grand Terrace Road) from Medium Density
Residential (MDR) to Medium/High Density Residential (MHDR) and to apply an R3-24
Overlay designation to an adjacent two properties totaling two acres, located 21850 and
21860 Grand Terrace Road.
The Council also introduced an amended ordinance to revise the Zoning Code and
Zoning Map. The Zoning Map is proposed to be revised, consistent with the above
General Plan Amendment. It will re-zone the property at 21882 Grand Terrace Road to
R3-24, and apply an R3-24 High Density Residential Overlay District on the properties
located 21850 and 21860 Grand Terrace Road. The Zoning Code will be amended as it
relates to definitions, transitional housing and parking.
The Ordinance, as well as the adopted Resolutions, reflects the Council’s action and
direction to not re-zone the property located at 22201 Michigan Street to the higher
density.
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FISCAL IMPACT:
No impact to the General Fund.
ATTACHMENTS:
Ordinance_Implementing Housing Element_second reading (DOC)
APPROVALS:
Sandra Molina Completed 09/30/2016 2:02 PM
City Attorney Completed 09/30/2016 4:08 PM
Finance Completed 10/03/2016 4:30 PM
City Manager Completed 10/04/2016 8:43 PM
City Council Pending 10/11/2016 6:00 PM
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Page 1 of 15
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING AN ADDENDUM TO THE CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL
PLAN AND ADOPTING ZONING CODE AMENDMENT 16-01 REVISING
TITLE 18 OF THE MUNICIPAL CODE AND ZONE CHANGE 16-01
REVISING THE ZONING MAP IN CONFORMANCE WITH THE GENERAL
PLAN HOUSING ELEMENT AND LAND USE ELEMENT
WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law
(Division 1 Title 7 of the California Government Code) on April 27, 2010, the City of
Grand Terrace adopted Resolution 2010-10 adopting a General Plan to provide
comprehensive, long-range planning guidelines for future growth and development
which incorporates the following nine elements: Land Use, Circulation, Open Space and
Conservation, Public Health and Safety, Noise, Public Services, Housing and
Sustainable Development. Each element of the General Plan provides Goals,
Programs, and Policies as required by State Law;
WHEREAS, the Housing Element establishes programs that call out certain
amendments to be made to City’s General Plan and Zoning regulations, including
Programs 2, 12 and 13 calling for zoning amendments to facilitate development of
housing for all economic segments of the community and housing for persons with
special needs;
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings, structures, and
land as between industry, business, residences, and open space, and other purposes;
to regulate the location, height, bulk, number of stories and size of buildings and
structures, the size and use of lots, yards, courts and other open spaces, the
percentage of a lot which may be occupied by a building or structure, and the intensity
of land use; and to establish requirements for off-street parking, in compliance with the
California Government Code;
WHEREAS, Zone Change 16-01 and Zoning Code Amendment 16-01 propose
to amend the Zoning Ordinance and Zoning Map to expand housing opportunities for all
economic segments of the community and reduce constraints on the provision of
housing for persons with special needs in conformance with Programs 2, 12 and 13 of
the Housing Element;
WHEREAS, a Final Environmental Impact Report (“FEIR”) was certified by the
City Council on April 27, 2010, for the General Plan Update, and pursuant to Section
15164 of the California Environmental Quality Act (CEQA) Guidelines, an Addendum to
the FEIR has been prepared for General Plan Amendment 16-01, Zone Change 16-01
and Zoning Code Amendment 16-01. The Addendum has determined that none of the
conditions requiring a subsequent EIR or Negative Declaration exist;
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WHEREAS, on April 21, 2016, the Planning Commission conducted a duly
noticed public hearing on Zone Change 16-01 and Zoning Code Amendment 16-01 at
the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace,
California 92313 and voted 4-0 to recommend that the City Council adopt Zoning Code
Amendment 16-01 and Zone Change 16-01;
WHEREAS, on June 28, 2016, and September 27, 2016, the City Council
conducted duly noticed public hearings on Zone Change 16-01 and Zoning Code
Amendment 16-01 at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and at the conclusion of that hearing introduced
this Ordinance;
WHEREAS, the City Council conducted second reading of this Ordinance at a
regularly scheduled public meeting on October 11, 2016, at the Grand Terrace Council
Chambers located at 22795 Barton Road, Grand Terrace, California 92313;
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
SECTION 1. The City Council hereby finds that the Addendum to the General
Plan FEIR prepared for Zoning Code Amendment 16-01 and Zone Change 16-01
satisfies the requirements of CEQA because:
a. No substantial changes are proposed in the project which will require
major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
b. No substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the
previous EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects; and
c. No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at
the time the previous EIR was certified that would show that any of the
following exists:
(i) The project will have one or more significant effects not discussed
in the previous EIR;
(ii) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(iii) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce
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one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative;
or
(iv) Mitigation measures or alternatives which are considerably different
from those analyzed in the previous EIR would substantially reduce
one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
The Addendum reflects the independent judgment of the City Council.
SECTION 2. The proposed zoning amendments will not be detrimental to the
health, safety, morals, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendments or injurious to property or
improvements in the neighborhood or within the city because the proposed zoning
amendments will promote variety in housing types available to different economic
segments of the community and reduce constraints on the provision of housing for
persons with special needs.
SECTION 3. The proposed zoning amendments are consistent with the
General Plan. Zoning Code Amendment 16-01 implements Housing Element Programs
2, 12 and 13, which are intended to facilitate development of housing consistent with the
City’s share of regional housing needs and reduce potential constraints on the provision
of housing for persons with special needs.
SECTION 4. The Official Zoning Map is revised to re-zone the property located
at 21882 Grand Terrace Road, referred to as Assessor’s Parcel Number 0275-223-12,
and shown on Exhibit 1, attached hereto, from R2-Low-Medium Density Residential to
R3-24 High Density Residential.
SECTION 5. The Official Zoning Map is revised to place the R3-24 Overlay
District on the properties located at 21850 and 21860 Grand Terrace Road, referred to
as Assessor’s Parcel Numbers 0275-223-59 and 0275-223-60, and shown on Exhibit 1,
attached hereto. The base zoning designation for these properties shall remain R2 Low-
Medium Density Residential.
SECTION 6. Sections 18.06.295, 18.06.908 and 18.06.927 of Chapter 18.06
(Definitions) of Title 18 are amended to read as follows:
“18.06.295 - Family
“Family" means an individual or two or more persons living together as a single
housekeeping unit.”
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“18.06.908 –Supportive Housing
“Supportive Housing” means housing with no limit on the length of stay, that is
occupied by the target population, and that is linked to onsite or offsite services that
assist the supportive housing resident in retaining the housing, improving his or her
health status, and maximizing his or her ability to live and, when possible work in the
community. “Target population” means persons with low incomes who have one or
more disabilities, including mental illness, HIV or AIDS, substance abuse, or other
chronic health condition, or individuals eligible for services provided pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may include, among other
populations, adults, emancipated minors, families with children, elderly persons, young
adults aging out of the foster care system, individuals exiting from institutional settings,
veterans, and homeless people. Supportive housing is a residential use of property
subject only to those restrictions that apply to other residential dwellings of the same
type in the same zone.”
“18.06.927 – Transitional Housing
“Transitional Housing” means buildings configured as rental housing
developments, but operated under program requirements that call for the termination of
assistance and recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time that shall be no less than six months from the
beginning of the assistance. Transitional housing is a residential use of property subject
only to those restrictions that apply to other residential dwellings of the same type in the
same zone.”
SECTION 7. Section 18.09.020 of Chapter 18.09 (Districts and Map) of Title 18
is amended to read as follows:
“Section 18.09.020 Districts Established:
The following zoning districts are established:
RH Hillside Residential District
R1-20 Very Low Density Single Family Residential District
R1-10 Low Density Single Family Residential District
R1-7.2 Single Family Residential District
R2 Low Medium Density Residential District
R3 Medium Density Residential District
R3-S Multiple Family Senior Citizen
R3-20 Medium High Density Residential District
R3-24 High Density Residential District
BRSP Barton Road Specific Plan District
AP Administrative Professional Office District
C2 General Business District
CM Commercial Manufacturing District
MR Restricted Manufacturing District
M2 Industrial District
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PUB Public Facilities District
FP Floodplain Overlay District
AG Agricultural Overlay District
R3-24 High Density Residential Overlay District”
SECTION 8. Subsections H and I of Section 18.10.020 of Chapter 18.10
(Residential Districts) of Title 18 are amended to read as follows:
“H. R3-20, Medium High Density Residential District. This district is
intended for higher density multiple family development, which may include affordable
housing. The minimum lot size is 12,000 square feet with a maximum density of 20 units
per acre.
I. R3-24, High Density Residential District: This district is intended
for high density multiple family development, which may include affordable housing. The
minimum lot size is 12,000 square feet with a minimum density of 20 units per acre and
a maximum density of 24 units per acre.”
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SECTION 9. Section 18.10.030 of Chapter 18.10 (Residential Districts) of Title 18 is revised by amending Table
18.10.030 to read as follows:
“TABLE 18.10.030
Land Use Regulations
Permitted Uses RH R1-20 R1-10 R1-7.2 R2 R3 R3-S R3-20/
R3-24
A. Residential Uses
Single Family (Detached), Full Sized P P P P Pa Pb - -
Single Family (Attached)
(Duplexes, Triplexes, and
Fourplexes
-
-
-
-
P
P
- P
Multiple Family Units
- -
-
-
P
P
- P
Manufactured Housing
(As Permitted Per Chapter 18.66) P P P P P P - -
Mobile Home Park - - - - C C - -
Senior Citizen Housing Pd P
B. Residential Accessory Structures
Accessory Structure P P P P P P Pd P
Second Family Unite
(As Permitted Per Chapter 18.63) P P P P P P - -
Guest House C C C C C C - -
Private Garage P P P P P P - P
Private Swimming Pool P P P P P P Pd P
Home occupation
(As Permitted Per Chapter 5.06) P P P P P P Pd P
Keeping of Cats and Dogs
(Maximum of Two (2) Each) P P P P P P Pd P
Other Accessory Uses
(As Approved by the Planning Director) P P P P P P Pd P
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C. Other Uses
Churches
(Minimum Three-Acre Parcel) C C C C C C - -
Schools
(Private and Parochial) C C C C C C - -
Public Park and Playground P P P P P P - -
Public Facilities
(And Quasi- Public) C C C C C C - -
Family Day Care
(Eight (8) or Less Children) P P P P P P - -
Family Day Care Center
(Nine (9) or More Children) C C C C C C - -
Residential Care Facility
(Six (6) or Less Persons) P P P P P P P P
Residential Care Facility
(Seven (7) or More Persons)f C C - -
Single Room Occupancy C C - -
Utility or Service Facility C C C C C C - -
Outdoor Recreation Facility C C C C C C - -
D. Temporary uses
Temporary Uses
(As approved by Planning Director) P P P P P P Pd P
Temporary Trailers
(As Approved by Planning Director) P P P P P P Pd P
(no change to footnotes)”
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SECTION 10. Section 18.10.040 of Chapter 18.10 (Residential Districts) of Title 18 is revised by amending Table
18.10.040 to read as follows:
“TABLE 18.10.040
Site Development Standards
DEVELOPMENT ISSUE RH R1-20 R1-10 R1-7.2 R2 R3 R3-S R3-20 R3-24
Area (Minimum square feet) _ a 20,000 10,000 7,200 10,000 12,000 g 12,000 12,000
Width (Minimum linear feet)
* Interior Lot
* Corner Lot
_ a
_ a
100
100
60
70
60
70
60
70
60
70
g
60
70
60
70
Lot Depth (Minimum linear feet) _ a 150 100 100 100 100 g 100 100
Street Frontage (Minimum linear feet) _ a 50 40 40 40 40 g 40 40
Setbacks (Minimum linear feet)
Front Yard
Rear Yard
Side Yard
- Interior Lot
With Garage
Without Garage
- Corner Lot
Street side
No Street side
_ a
_ a
_ a
_ a
_ a
_ a
25 b
35 b
l0 b
5 b
15 b
5
25 b
35 b
l0 b
5 b
15 b
5
25 b
20 b
l0 b
5 b
15 b
5
25 b
20 b
10 b
5 b
15 b
5
25 b
20 b
10 b
10 b
15 b
10
g
25 b
20 b
10 b
10 b
15 b
10
25 b
20 b
10 b
10 b
15 b
10
Density (Allowable dwelling units per acre) _ a 1-2 1-4 1-5 1-9 1-12 c Max. 20 13-20c 20-24c
Living Area (Minimum square feet)
* Single Family
* Duplex, Triplex, Four-plex
and Multiple Family
- One (1) Bedroom
- Two (2) Bedroom
_ a
-
-
1,350d
-
-
1,350d
-
-
1,350d
-
-
1,350d
800 d
1,000d
1,350d
800 d
1,000d
g _ g _ g
Height (Maximum linear feet) _ a 35 e 35 e 35 e 35 e 35 e g 35 e 35 e
Lot Coverage (Maximum percent) _ a 40 50 50 60 f 60 g 60 60
Distance Between Buildings
(Minimum linear feet)
_ a
5
5
5
20
20
g 20 20
(no change to footnotes)”
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SECTION 11. Chapter 18.48 (R3-24 Overlay District) is added to Title 18 to read
as follows:
“Chapter 18.48 – R3-24 HIGH DENSITY RESIDENTIAL OVERLAY DISTRICT
18.48.010 – Purpose
The purpose of the R3-24 overlay district is to permit multi-family housing at a density of 20
to 24 units per acre as an optional alternative to the base zoning district to facilitate the
production of affordable housing. At the option of the property owner, the regulations
contained in this chapter may supersede the regulations of the base district.
18.48.020 – Applicability
a. The provisions of this chapter shall be applied only at the request of the property
owner for any site with the R3-24 Overlay designation on the Official Zoning Map when the
development includes a legally binding commitment to provide at least five percent of units
that are affordable to very-low-income households as defined in Section 50105 of the
Health and Safety Code, or at least ten percent of units that are affordable to lower-income
households as defined in Section 50079.5 of the Health and Safety Code.
b. All affordable housing units must be dispersed within the development whenever
feasible. Affordable housing units must be comparable with market-rate units in design,
appearance, materials, and finish quality.
c. All affordable housing units must be constructed concurrently with, and made
available for qualified occupants at the same time as, the market-rate housing units within
the development, unless the Affordable Housing Agreement provides an alternative
schedule for development.
18.48.030 –Development Regulations
Development applications in the R3-24 Overlay district shall comply with the same
regulations as apply for the R3-24 district as established in Chapter 18.10.
18.48.040 – Review Procedures
Development applications in the R3-24 Overlay district shall be processed as an
Administrative Site and Architectural Review Application pursuant to Section 18.63.020.C.
18.48.050 – Affordable Housing Agreement and Covenant
Prior to issuance of any building permit for a development exercising the R3-24 Overlay
option, the applicant shall enter into an Affordable Housing Agreement establishing a
minimum duration of affordability for the housing units as provided by Government Code
§ 65915(c)(1) and record a covenant on the title, all in a manner acceptable to the City
Attorney.
18.48.060 – Processing Fee
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The applicant shall reimburse the City for its reasonable costs of processing an Affordable
Housing Agreement.”
SECTION 12. Section 18.60.030.A.2 of Chapter 18.09 (Districts and Map) of
Title 18 is amended to read as follows:
“2. Multiple-family dwellings:
a. One parking space for each studio or efficiency unit.
b. Two parking spaces for each one, two or three bedroom unit.
c. Three parking spaces for each four bedroom unit or more.
d. At least one space shall be located within a garage or carport, and all
required spaces shall be located within 150 feet of the unit being served.
e. Guest parking shall be provided at a ratio of 0.25 spaces for each
residential unit, and shall be rounded up to the next whole number.
f. Guest parking:
(i) Shall be identified as "Guest Parking";
(ii) Shall not be used for the storage of recreational vehicles, boats,
trailers or other similar items;
(iii) Shall be located on the same parcel of land as the residential units
and shall be within reasonable walking distance of said units;
(iv) May be uncovered spaces; and
(v) May be located on a private street within the site or in a common
parking area.”
SECTION 13. Subsection C of Section 18.63.020 of Chapter 18.63 (Site and
Architectural Review) of Title 18 is amended to read as follows:
“C. Administrative Site and Architectural Review Application. The
purpose of this application is to allow staff level review of projects of medium scale and
impact without the need for a public hearing, related costs and noticing procedures.
The following item may be approved by the planning director without going to the
site and architectural review board. However, the plans must be routed to all reviewing
agencies and notices shall be mailed to adjacent property owners requesting comments
within two weeks.
The planning director's decisions shall be final unless appealed to the planning
commission within ten calendar days.
Appeals shall be filed with the planning department and follow similar rules as the
appeals to the city council (Section 18.63.070).
1. All accessory structures, except:
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a. Structures with sixty-five percent or more of the square footage of
the main residence living area. Living area does not include porches, patios, carports,
garages, storage areas, or auxiliary rooms,
b. Structures one thousand two hundred square feet or more in size,
c. Structures with lot coverage higher than twenty-five percent;
2. All room additions, except room additions with sixty-five percent or
more of the square footage of the main residence living area. Living area does not
include porches, patios, carports, garages, storage areas, or auxiliary rooms;
3. Large scale temporary uses of insignificant adverse impact on the
environment, i.e., parking lot sales which require review by fire, health and other
agencies;
4. In case of damaged structures due to fire, earthquakes or other
natural disasters where the structure will be reconstructed with alterations but not
sufficient to trigger a public hearing.
5. Developments within the R3-24 and R3-24 Overlay districts. Such
developments shall not constitute a “project” for purposes of Division 13 (commencing
with Section 21000) of the Public Resources Code.”
SECTION 14. Section 18.82.020 of Chapter 18.82 (Standards for Specified
Land Uses and Activities) of Title 18 is amended to read as follows:
“Section 18.82.020 –Single Room Occupancy Facilities
A. In addition to the requirements for a Conditional Use Permit and Section
18.82.010 (Residential Care Facilities) single room occupancy uses shall comply with
the following:
1. Occupancy. No more than one (1) federal, state or youth authority
parolees shall be allowed to live in the single room occupancy facility.
2. Number of Occupants. The California Building Code shall
determine the number of occupants in single room occupancy facility.
3. Application. The Conditional Use Permit application submitted for
the use shall identify whether any tenants are currently federal, state or youth authority
parolees. Owners and or operators of approved single room occupancy facilities shall
update the information required by this section anytime a person that is a federal, state
or youth authority parolee is provided accommodations at a single room occupancy
facility.
4. Crime prevention program. The operator of a single room
occupancy facility shall require tenants to sign a crime free lease addendum as part of
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their lease or rental agreement. A sample crime free lease addendum shall be provided
by the City. The crime free lease addendum shall provide that any criminal violations
perpetrated by tenants shall be grounds for termination of the written or oral lease
sublease or agreement under which they reside at the transitional facility.
5. Crime free multi-housing program. The facility's management shall
participate in any formal residential crime prevention program (i.e., Crime Free Multi-
Housing Program) provided by the City or the County of San Bernardino and as
required under the conditional use permit. If the program offers certification then that
certification shall be obtained and maintained in current status.
6. Compliance. Single room occupancy facilities shall be in
compliance with all requirements of the Grand Terrace Zoning Code and their approved
Conditional Use Permit at all times. Violation of any local, state or federal laws by
individual tenants while on the premises shall be grounds for revocation of the permit,
including but not limited to, violations of California Penal Code § 3003.5.
7. Nuisance. No single room occupancy facility shall be maintained
as a nuisance.
8. Revocation. Violations of any of the provisions in this section or
the approved Conditional Use Permit authorizing the single room occupancy facility
shall be grounds for revocation. The procedures for revocation contained in Chapter
18.83 of this Title shall be followed.”
SECTION 15. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid, or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 16. This ordinance shall take effect thirty days from the date of
adoption.
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SECTION 17. First read at a regular meeting of the City Council held on the 27th
day of September, 2016 and finally adopted and ordered posted at a regular meeting of
said City Council on the ___ day of ______, 2016.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify
that the foregoing Ordinance was adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the ____ day of ____________, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
Approved as to form:
___________________________________
Richard L. Adams, II
City Attorney
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Exhibit 1
Amend the Official Zoning Map to re-zone the property located at 21882 Grand
Terrace Road (APN 0275-223-12) from R2-Low-Medium Density Residential to R3-
24 High Density Residential; and
Amend the official Zoning Map by placing the R3-24 High Density Residential
Overlay District on the properties located at 21850 and 21860 Grand Terrace Road
(APNs 0275-223-59 and 0275-223-60):
Apply R3-24 High Density
Residential Overlay District
Re-zone from R2 to
R3-24
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AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Receive and File of an Access Easement for Public Trails
from Denis Kidd
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1) Receive and File on a Proposed Public Access
Easement from Denis W. Kidd Trust to the City of Grand
Terrace to Access Blue Mountain.
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.
BACKGROUND:
The City, along with the Friends of Blue Mountain, have been working toward
developing a trailhead to provide visitor amenities including restroom facilities, hydration
stations, interpretive elements, off-street parking, lighting and benches.
On September 27, 2016, the City Council adopted a Resolution authorizing City Staff to
apply for a grant through the California Department of Parks and Recreation’s Office of
Grants and Local Services (OGALS), which administers the Habitat Conservation Fund
(HCF) grant program to build trailhead amenities on City-owned land at the corner of
Observation Drive and Van Buren Street.
DISCUSSION:
The grant application envisions a trail head on City-owned land with a trail that will
ultimately connect to the existing road on Blue Mountain, referred to as Blue Mountain
Road, located to the east of City Property. This land is held by the Denis W. Kidd Trust,
and Mr. Denis W. Kidd is the Trustee.
A component of the grant application is demonstrating that the City has the right to
access the land that the proposed trail would locate on. For City owned property, the
City can submit grant deeds. For property we do not own, the City would need to submit
a document such as a lease or Memorandum of Understanding. In this case, a Public
Access Easement is anticipated to be recorded to demonstrate tenure of the easement
area.
The City Manager has met several times with Mr. Kidd regarding the Blue Mountain
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Trailhead Project, and to secure public access onto Blue Mountain. Mr. Kidd is in
agreement with the proposed Public Access Easement, provided that the City obtains
the HCF Grant.
As such, the application to HCF will include a draft of the attached Public Access
Easement. Should the City’s grant application be successful, Staff will return to the
Council recommending acceptance of the Public Access Easement to grant public
access onto Denis Kidd Property to connect to Blue Mountain Road.
FISCAL IMPACT:
No impact.
ATTACHMENTS:
Proposed Public Access Easement_Kidd10.3.2016 (PDF)
Aerial Map of City and Kidd Properties (PDF)
APPROVALS:
Sandra Molina Completed 10/03/2016 11:16 AM
Finance Completed 10/03/2016 4:32 PM
City Attorney Completed 10/04/2016 4:20 PM
City Manager Completed 10/04/2016 8:48 PM
City Council Pending 10/11/2016 6:00 PM
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APN 1178-061-02-0000, 1178-191-04-0000, 1178-251-15-0000
PUBLIC ACCESS EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Denis W. Kidd Trust, a Revocable Living Trust dated 05/08/2009
hereby GRANTS
to the City of Grand Terrace, a municipal corporation,
an easement for public trail purposes, and all other uses appurtenant thereto, in, over, under,
along, and across a portion the real property, located in the City of Grand Terrace, County of San
Bernardino, State of California described on Exhibit "A" and shown on "Exhibit B" which
exhibits are made a part of this document.
DATED: _________________________ By: ________________________
Denis W. Kidd, as Trustee of the
Denis W. Kidd Trust
ATTEST:______________________
Pat Jacquez-Nares
City Clerk
City of Grand Terrace
RECORDING REQUESTED BY
G. Harold Duffey
City Manager
AND WHEN RECORDED MAIL TO:
CITY OF GRAND TERRACE
22795 BARTON ROAD
GRAND TERRACE, CA 92313
ATTN: CITY CLERK
(Space above this line for Recorder’s use)
Exempt from Recording Fee
Government Code Section 6103
Exempt from Documentary Transfer Tax
Revenue & Taxation Code § 11922
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KIDD PROPERTIES
(APNs 1178-061-02, 1178-191-04 and 1178-251-15)
EASEMENT FOR PUBLIC ACCESS TRAIL AND REST STOPS
A 12' ACCESS EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST ¼ AND THE
NORTHEAST ¼ OF THE SOUTHWEST QUARTER OF SECTION 4, AND THE NORTHWET ¼ OF THE
SOUTHWEST ¼ OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 4 WEST, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA. THE CENTERLINE OF SAID 12' ACCESS EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 4 WEST; THENCE N 85°40'52" W ALONG THE
NORTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 2
SOUTH, RANGE 4 WEST, S.B.M. A DISTANCE OF 417.34' TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING THE NORTH LINE THE FOLLOWING COURSES:
S 51°42'59" W A DISTANCE OF 38.82;
THENCE S 38°32'39" W A DISTANCE OF 59.30';
THENCE S 20°25'42" W A DISTANCE OF 43.43';
THENCE S 00°00'00" E A DISTANCE OF 21.77';
THENCE S 15°32'19" E A DISTANCE OF 70.73';
THENCE S 21°39'00" W A DISTANCE OF 59.06';
THENCE S 30°02'50" W A DISTANCE OF 36.29';
THENCE S 17°36'40" W A DISTANCE OF 68.34';
THENCE S 56°47'38" W A DISTANCE OF 65.68';
THENCE S 20°03'09" W A DISTANCE OF 13.04';
THENCE S 40°00'52" E A DISTANCE OF 16.25';
THENCE N 83°58'05" E A DISTANCE OF 21.01;
THENCE N 50°20'51" E A DISTANCE OF 70.46';
THENCE N 63°23'21" E A DISTANCE OF 44.91';
THENCE N 53°43'20" E A DISTANCE OF 57.59';
THENCE N 36°36'00" E A DISTANCE OF 73.10';
THENCE N 39°06'51" E A DISTANCE OF 39.14';
THENCE N 67°16'42" E A DISTANCE OF 35.12';
THENCE S 55°45'54" E A DISTANCE OF 32.38';
THENCE S 00°00'00" E A DISTANCE OF 89.47';
THENCE S 22°56'22" E A DISTANCE OF 52.20';
THENCE S 81°23'51" E A DISTANCE OF 26.11';
THENCE S 47°05'17" E A DISTANCE OF 54.52';
THENCE S 16°41'07" E A DISTANCE OF 32.00';
THENCE S 13°33'28" E A DISTANCE OF 69.37';
THENCE S 19°39'20" E A DISTANCE OF 89.12';
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THENCE S 60°47'58" E A DISTANCE OF 60.62';
THENCE S 39°25'59" E A DISTANCE OF 77.28';
THENCE S 16°22'42" E A DISTANCE OF 66.49';
THENCE S 03°04'28" E A DISTANCE OF 73.57';
THENCE S 78°42'03" W A DISTANCE OF 27.43';
THENCE N 52°09'08" W A DISTANCE OF 49.06';
THENCE N 33°07'27" W A DISTANCE OF 57.77';
THENCE N 76°05'05" W A DISTANCE OF 46.19';
THENCE S 70°17'07" W A DISTANCE OF 35.06';
THENCE S 48°05'40" W A DISTANCE OF 28.44';
THENCE S 28°15'04" W A DISTANCE OF 96.84';
THENCE S 15°16'10" E A DISTANCE OF 52.94';
THENCE S 46°16'24" E A DISTANCE OF 50.38';
THENCE S 15°26'12" E A DISTANCE OF 46.56';
THENCE S 02°37'22" E A DISTANCE OF 69.09';
THENCE S 25°10'20" E A DISTANCE OF 51.79';
THENCE S 03°24'46" E A DISTANCE OF 69.25';
THENCE S 23°10'44" E A DISTANCE OF 53.78';
THENCE S 34°42'17" E A DISTANCE OF 83.72';
THENCE S 07°04'54" E A DISTANCE OF 111.39';
THENCE S 04°44'38" W A DISTANCE OF 31.93' TO A POINT ON THE SOUTH LINE OF SAID
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 4 WEST,
SAID POINT BEING N 83°59’57” W A DISTANCE OF 103.09 FEET FROM THE SOUTHEAST CORNER
OF SAID NORTHEAST ¼ OF SECTION 4.
THENCE CONTINUING:
S 04°00'47" W A DISTANCE OF 58.77';
THENCE S 23°06'19" E A DISTANCE OF 66.69';
THENCE S 57°30'02" E A DISTANCE OF 54.90';
THENCE S 57°14'38" E A DISTANCE OF 40.41' TO THE WEST LINE OF SECTION 3 OF TOWNSHIP 2
SOUTH, RANGE 4 WEST, S.B.M.
THENCE THE FOLLOWING COURSES:
S 57°56'02" E A DISTANCE OF 36.90';
THENCE S 15°50'02" E A DISTANCE OF 41.39';
THENCE S 10°36'27" W A DISTANCE OF 52.33';
THENCE S 47°26'30" W A DISTANCE OF 30.58';
THENCE S 69°36'30" W A DISTANCE OF 11.26' TO SAID WEST LINE OF SECTION 3 OF TOWNSHIP
2 SOUTH, RANGE 4 WEST, S.B.M.
THENCE CONTINUING,
THENCE S 69°23'23" W A DISTANCE OF 53.61';
THENCE S 78°20'46" W A DISTANCE OF 53.10’;
THENCE S 85°41'36" W A DISTANCE OF 57.23';
THENCE S 70°23'51" W A DISTANCE OF 53.10';
THENCE S 32°01'50" W A DISTANCE OF 21.83';
THENCE S 63°27'27" E A DISTANCE OF 16.57';
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THENCE N 87°15'56" E A DISTANCE OF 58.19';
THENCE S 47°39'13" E A DISTANCE OF 93.43';
THENCE S 29°25'52" E A DISTANCE OF 62.85';
THENCE S 02°34'58" E A DISTANCE OF 75.01';
THENCE S 14°19'12" E A DISTANCE OF 67.37';
THENCE S 32°51'15" E A DISTANCE OF 40.69';
THENCE S 14°17'24" E A DISTANCE OF 21.98' TO SAID WEST LINE OF SECTION 3 OF TOWNSHIP 2
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN;
THENCE CONTINUING,
S 04°40'21" E A DISTANCE OF 38.39';
THENCE S 12°43'09" W A DISTANCE OF 14.47' TO SAID WEST LINE OF SECTION 3 OF TOWNSHIP
2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN;
THENCE CONTINUING
S 15°24'09" W A DISTANCE OF 39.76';
THENCE S 38°18'33" W A DISTANCE OF 92.81;
THENCE S 17°37'44" W A DISTANCE OF 110.05';
THENCE S 00°00'00" E A DISTANCE OF 45.78';
THENCE S 17°22'12" E A DISTANCE OF 125.59';
THENCE S 26°21'43" E A DISTANCE OF 62.40';
THENCE S 16°36'10" E A DISTANCE OF 65.08';
THENCE S 07°55'36" W A DISTANCE OF 162.21' TO THE SOUTH LINE OF THE NORTHEAST ¼ OF
THE SOUTHEAST ¼ OF SAID SECTION 4.
TOGETHER WITH A BLANKET EASEMENT OVER THE ABOVE REFERENCED APNs 1178-061-02
AND 1178-191-04 TO ACCESS THE ABOVE DESCRIBED 12’ WIDE ACCESS EASEMENT FROM THE
CITY OF GRAND TERRACE OWNED PROPERTY TO THE WEST.
AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Prepared under my supervision:
________________________________
David O. Knell PLS 5301 Date
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Attachment: Proposed Public Access Easement_Kidd10.3.2016 (2030 : Receive and File of Proposed
Page 1 of 1
CERTIFICATE OF ACCEPTANCE
Reference: APN 1178-061-02-0000, 1178-191-04-0000, 1178-251-15-0000
This is to certify that the interest in real property conveyed by the Public Access Easement, from
Denis W. Kidd Trust, a Revocable Living Trust dated 05/08/2009, to the City of Grand Terrace,
a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on
the 11th day of October, 2016, and the grantee consents to the recordation thereof by its duly
authorized officer.
Dated: _______________________
_________________________
Pat Jacques-Nares
City Clerk
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Attachment: Aerial Map of City and Kidd Properties (2030 : Receive and File of Proposed Easement from D Kidd-Blue Mountain Trail Access)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: October 11, 2016 Council Item
TITLE: Illegal Dumping at Terrace Ave - BNSF Railway Underpass
PRESENTED BY: Yanni Demitri, Public Works Director
RECOMMENDATION: Receive a report from staff regarding a request to close
Terrace Ave at BNSF Railway Underpass. Staff
recommends denying the request.
2030 VISION STATEMENT:
This staff report supports our Core Value of Open and Inclusive Government.
BACKGROUND:
Terrace Avenue is located at the northwest corner of the City of Grand terrace. It
connects a residential part of the City to La Cadena Dr., which is a major arterial that
runs north-south. The request to close access to this street at the railroad underpass
has come from several City residents as well as City officials in Colton.
The Streets and Highways Code of the State of California Division 25 requires a
resolution from the governing body of a City to remove a roadway from public use. And
the California Vehicle Code (CVC) Section 21101.4 stipulates the conditions that
warrant such closure.
DISCUSSION:
A small section of Terrace Avenue is an underpass that runs below the BNSF railway
company’s tracks. The underpass is non-standard in many ways. For example, it lacks
adequate storm drain facilities to handle run-off during the rainy season and therefore,
this area has a history of severe ponding in winter months. The pavement is also in very
poor condition receiving a Pavement Condition Index (PCI) of 21, which is “Very Poor /
Failing”.
There is also a vacant lot adjacent to the train trestle that has been used for a long time
for illegal dumping of discarded items.
The CVC lists the following conditions as warrants for a temporary closure of up to 18
months that could be extended no more than eight additional periods of 18 months
each:
1. There is a serious and criminal activity in the portion of the highway
recommended for temporary closure.
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2. The highway is not designated as a through highway or arterial street.
3. Vehicular or pedestrian traffic on the highway contributes to criminal activity.
4. The closure will not substantially affect traffic flow or safety on the adjacent
streets in the surrounding neighborhood.
5. The local agency has notified all the residents and owners adjacent to the
closure of a Public Hearing regarding the closure.
Of those findings that the City must make in order to be able to close the road under this
section, the most significant one is that the Police Department of the City (in this case
the Sheriff’s office) must make a recommendation to the City Council that there is
serious and continual criminal activity in the portion of the highway recommended for
closure. But based on their records and on the advice of County Counsel; the Sheriff
Department was unable to make that recommendation. The City Attorney’s office also
examined the law and concurs with County Counsel that the crime of illegal trash
dumping does not rise to the level of a “serious” crime. Therefore without this
recommendation and finding, the road cannot be closed and it is recommended that
other methods be considered for deterring the illegal dumping at that site such as
installing cameras to monitor this location.
FISCAL IMPACT:
There is no Fiscal Impact associated with this report.
APPROVALS:
Yanni Demitri Completed 10/05/2016 11:31 AM
Finance Completed 10/05/2016 2:05 PM
City Attorney Completed 10/05/2016 2:38 PM
City Manager Completed 10/05/2016 3:06 PM
City Council Pending 10/11/2016 6:00 PM
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