07/26/2011 � � T= " . .BILE "r COPY
o .
GROND TER R CE July'26,2011
227.95 Barton Road:
Grand Terrace.--
California 9z313-5295
Civic'CenterCITY OF GRAND TERRACE
- ` (909)824-6621
}Fax(909)7834629
4. Fax(909)78372600 "
CRA/CITY COUNCIL
Walt Stanckiewitz.
Mayor REGULAR MEETINGS
Lee�Ann Garcia
Mayor ProTem 2. AND 4TH TU"eSday - .6.00 P.
Bernardo Sandoval
Darcy McNaboe
Gene Hays
Council Members .
Betsy M.Adams
'City Manager
Council,"Chambers :
Grand Terrace Civic Center
22795 Barton:Road. . "
Grand Terrace, CA 92313-5295 -
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS July 26,2011
GRAND TERRACE CIVIC CENTER 6:00 p.m.
22795 Barton Road
THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU
REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT
(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO
SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED
UPON BY THE MAYOR AT THE APPROPRIATE TIME.
ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA
WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT
22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON
THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG
* Call to Order-
* Invocation-
* Pledge of Allegiance-
* Roll Call-
STAFF COUNCIL
AGENDA ITEMS RECOMMENDATION ACTION
CONVENE CITY COUNCIL
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. GTHS Principal,Angela Dischinger-Presentation on New
High School
B. Chamber of Commerce Business of the Month
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member,Staff Member,or Citizen
may request removal of an item from the Consent Calendar for
discussion.
A. Approve Check Register No.07-26-2011 Approve
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 07-12-2011 Minutes Approve
D. Update on Implementation of Accumulation Program for Part- Receive
time and Limited-term Employees(APPLE)Plan
E. Remote Deposit Service Amendment-Bank of America .Approve
t
COUNCIL AGENDA
07-26-2011 PAGE 2 OF 3
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
F. Direction to Staff to Sell Cellular Site Leases at Richard Authorize
Rollins Park and Grand Terrace Fire Station 923
4. PUBLIC COMMENT
This is the opportunity for members ofthe 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.
5. COUNCIL REPORTS
6. PUBLIC HEARINGS
A. Resolution of the City Council of the City of Grand Terrace Adopt
Adopting Residential and Commercial Solid Waste Recycling
Rates
B. Barton Plaza Commercial Project Approve
An Ordinance of the City Council Adopting Zone Change 1I-
01 to Amend the Zoning Map by Re-Zoning 0.75 Acres -
located on the West Side of Mt.Vernon Avenue and
Approximately 400 Feet North of Barton.Road from
Administrative Professional to BRSP-Village Commercial
An Ordinance of the City Council Adopting Specific Plan
Amendment 11-01 to Incorporate 0.75 Acres located on the
West Side of Mt.Vernon Avenue and Approximately 400
Feet North of Barton Road into the Barton Road Specific Plan
C. An Ordinance of the City Council Electing to Comply with Approve
and Participate in the Alternative Voluntary Redevelopment
Program Contained in Part 1.9 of Division 24 of the California
Health and Safety Code
7. UNFINISHED BUSINESS
A. Second Reading-An Ordinance of the City Council Adopt
Amending Title 18,Chapter 18.80 of the Grand Terrace
Municipal Code by Amending in its Entirety Section
18.80.130 Political Signs and Adopting a New Section
18.80.130 Political Signs
2
COUNCIL AGENDA
07-26-2011 PAGE 3 OF 3
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS I ACTION
8. NEW BUSINESS
A. Community Redevelopment Agency 5-YearCash'F1owAnalysis Review
B. Professional Services Agreement with Rosenow Spevacek Approve/Appropriate
Group, Inc. For Community Redevelopment Agency Fiscal
Services Required by the City of Grand Terrace
C. Protest Hearing for Placement of Special Assessment Liens for Adopt/Authorize
Delinquent Refuse Accounts
D. Seventeenth Amendment to Law Enforcement Services Contract Approve
No.94-797 with the County of San Bernardino and Update on
Local Government Vehicle License Fee Funds, SEBA
Membership Vote and Corresponding Impacts to Half Funded
Patrol Deputy Position
9. CLOSED SESSION
A. Labor Negotiations Pursuant to GC 54957.6
ADJOURN CITY COUNCIL
CONVENE COMMUNITY REDEVELOPMENT AGENCY _
1. Approval of 07-12-2011 Minutes Approve
ADJOURN
THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE
HELD ON TUESDAY,AUGUST 9,2011 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.
3
l CALIFORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item (X) CRA Item ( )
TITLE: Check Register No. 07 26-2011
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Approve
BACKGROUND:
The Check Register for July 26, 2011 is presented in accordance with Government
Code §37202.
The attached index to the warrant register is a guideline account list only and is not
intended to replace the voluminous list of accounts used by the City and CRA.
Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account].
Expenditures may be made from trust/agency accounts (fund 23-xxx-) or temporary
clearing accounts which do not have budgetary considerations.
DISCUSSION:
A total of $73,498.99 in accounts payable checks was issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
Check Register sections.
7/26/2011 FY 10-11 Check Register $28,937.96
7/26/2011 FY 11-12 Check Register $44,561.03
Payroll costs for the period amounted to $60,096.77 and are summarized below.
Some of the non-routine items include:
66974 Raina Boal Reimbursement for Community Day Purchases $414.70
66989 Dell Marketing DIM 8400 Motherboard $239.24
COUNCIL AGENDA ITEM NO. A
5
66994 Nichols SB90 Filing Cost Reimbursement Payment# 1 $1,200.00
Consulting
Some the larger items include:
66976 Ace Weed Weed Abatement Services (Multiple Invoices) $4,769.16
Abatement
Payroll costs processed for period ending July 8, 2011:
Date Period Payroll and payroll costs
07/08/11 Biweekly $60,096.77
FISCAL IMPACT:
All disbursements are made in accordance with the adopted budget for FY 2010-11 and
FY 2011-12.
Respectfully submitted,
Bernie Simon
Finance Director
Manager Approval:
e�
Betsy Al. Ad ms
City Manager
ATTACHMENTS:
Check Registers— July 26, 2011
6
vchlist Voucher List Page: 1
07/19/2011 4:38:47PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
66969 7/12/2011 010050 SOUTHERN CALIFORNIA EDISON 103934 Relocate 2.Street Lights-New Staters
32-600-212-000-000 1,742.75
Total : 1,742.75
66974 7/14/2011 011078 BOAL, RAINA 07062011 Reimburse-Community Day Purchases
23-200-12-00 414.70
Total : 414.70
66975 7/14/2011 003210 DEPT 32-2500233683 1124294 CERT EMERG. EQUIPMENT
10-808-221-000-000 626.62
1124296 MAINT SUPPLIES
10-195-245-000-000 17.06
7012171 Maint Supplies
10-195-245-000-000 39.91
10-440=245-000-000 25.02
9013753 MAINT SUPPLIES
10-450-245-000-000 73.80
Total : 782.41
66976 7/18/2011 011188 ACE WEED ABATEMENT, INC. 100 WEED ABATEMENT SRVS 1167-151-62
10-180-257-000-000 1,776.05
101 WEED ABATEMENT SRVS 1167-151-61
10-180-257-000-000 1,062.05
105 WEED ABATEMENT SRVS 1167-231-01
10-180-257-000-000 490.54
107 WEED ABATEMENT SRVS 0275-242-10
10-180-257-000-000 300.35
108 WEED ABATEMENT SRVS 0275-242-11
10-180-257-000-000 326.17
109 WEED ABATEMENT SRVS 1167-161-03
10-180-257-000-000 814.00
Total : 4,769.16
66977 7/19/2011 010218 CHEVRON &TEXACO CARD SERVICES 30578930 June Vehicle Fuel
34-800-272-000-000 24.68
10-175-272-000-000 314.00
Page: 1
V
vchlist Voucher List Page: 2
07/19/2011 4:38:47PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
66977 7/19/2011 010218 CHEVRON &TEXACO CARD SERVICES (Continued) Total : 338.68
66978 7/19/2011 006720 SO.CA.EDISON COMPANY June 2011 June Energy Usage
16-510-238-000-000 5,479.96
26-600-238-000-000 49.80
26-601-238-000-000 41.50
26-602-238-000-000 58.10
Total : 5,629.36
66979 7/19/2011 011138 SPARKLETTS 9637116 070111 June Bottled Water
10-190-238-000-000 93.24
10-450-238-000-000 10.43
10-805-238-000-000 18.41
10-440-238-000-000 79.75
Total : 201.83
66980 7/19/2011 006730 SO.CA.GAS COMPANY June 2011 June Natural Gas Usage
10-190-238-000-000 226.42
10-440-238-000-000 49.58
10-175-272-000-000 7.80
10-440-272-000-000 - 2.60
34-800-272-000-000 2.60
Total : 289.00
66983 7/26/2011 011017 CA. BLDG. STANDARDS COMMISSION 4th Qtr 2010-20' 4th Qtr Green Building Standards Fee
10-700-01 -11.40
- 23-200-23-00 114.00
Total : 102.60
66984 7/26/2011 011031 CINTAS CORPORATION#150 150397151 C. CARE PAPER GOODS &SUPPLIES
10-440-228-000-000 125.99
150406199 C. CARE PAPER GOODS &SUPPLIES
10-440-228-000-000 199.60
Total : 325.59
66985 7/26/2011 001840 CITY OF COLTON 001053 April Flow Meter/Trunkline Monitoring
21-573-704-000-000 200.00
21-573-605-000-000 2,716.80
Page: 2
00
f : r
vchlist Voucher List Page: 3
07/19/2011 4:38:47PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
66985 7/26/2011 001840 CITY OF COLTON (Continued) Total : 2,916.80
66986 7/26/2011 011.029 COBRA SIMPLE 115 June COBRA Administration Fee
10-190-220-000-000 50.00
Total : 50.00
66987 7/26/2011 011166 CORNERSTONE RECORDS MANAGEME10163649 JUNE ARCHIVE TAPE STORAGE
10-140-250-000-000 56.65
10-380-250-000-000 56.65
Total : 113.30
66988 7/26/2011 001942 DATA TICKET INC. 36623 May Parking Cite Processing Services
10-140-255-000-000 100.00
Total :. 100.00
66989 7/26/20.11 001960 DELL MARKETING L.P. XFCTNXC92 DIM 8400 MOTHERBOARD
10-380-249-000-000 239.24
Total : 239.24
66990 7/26/2011 002301 FEDEX 7-554-58259 June Document Delivery
10-125-210-000-000 25.46
10=370-210-000-000 67.57
Total : 93.03
66991 7/26/2011 003216 HOUSTON & HARRIS PCS, INC. 11-16633 HYDROWASH-BARTON ROAD EMERGENCY
21-573-602-000-000 415.00
Total : 415.00
66992 7/26/2011 010773 KELLAR SWEEPING INC.; 6027 JUNE STREET SWEEPING SERVICES
16-900-254-000-000 4,200.00
Total : 4,200.00
66993 7/26/2011 011158 L-1 ENROLLMENT SERVICES June 360910764 June Finqerprints-P. Saragent
10440=228-000-000 92.00
Total : 92.00
66994 7/26/2011 011205 NICHOLS CONSULTING 2012-9836337-0 SB90 Cost Reim Filing Payment# 1
- 10-190-220-000-000 1,200.00
Page: 3
vchlist Voucher List Page: 4
07/19/2011 4:38:47PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
66994 7/26/2011 011205 NICHOLS CONSULTING (Continued) Total : 1,200.00
66995 7/26/2011 011074 REDFLEX TRAFFIC SYSTEMS 32002 May Contract Services
17-900-255-000-000 3;092.71
Total : 3:092.71
66996 7/26/2011 010171 REPUBLIC ITS INC RR-113253 JUNE ROUTINE SIGNAL MAINTENANCE
16-510-255-000-000 451.68
RR-113254 June Response Call-outs
16-510-255-000-000 194.62
Total : 646.30
66997 7/26/2011 007034 TRANSPORTATION ENGINEERING 1128 May Traffic Engineering Services
10-175-255-000-000 1,067.00
Total : 1,067.00
66998 7/26/2011 007220 UNDERGROUND SERVICE ALERT 620110292 June Dig Alert Tickets
16-900-220-000-000 54.00
Total : 54.00
66999 7/26/2011 010693 UNITED WAY PR End 6/24/11 PR End 6/24/2011 Donations
10-022-65-00 62.50
Total : 62.50
25 Vouchers for bank code : bofa Bank total : 28,937.96
25 Vouchers in this report Total vouchers : 28,937.96
Page: 4
0
I certify that to the best of my knowledge, the afore-listed checks for payment of City and
Community Redevelopment Agency liabilities have been audited by me and are necessary and
appropriate for the operation of City and Agency.
Bernie Simon, Finance Director
City of Grand Terrace
Warrant Register Index
FD No. Fund Name Dept No. Department Name General Account Numbers
10 GENERAL FUND _ 110 CITY COUNCIL 110 SALARIESM/AGES
11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN
12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT
13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION
15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 138/141 MEDICARE/SUI
16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE
17 TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS
19� FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE 1 FUND 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS
22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES
26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES
44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT
46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES
47 BARTON RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES
32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS
33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES
34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING
802 CRIME PREVENTION UNIT 270 TRAVEUCONFERENCES/MTGS
804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE
805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT
807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE
808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP)
700 COMPUTER-RELATED
701 VEHICLES&EQUIPMENT
N
vchlist Voucher List Page: 1
07/19/2011 5:14:35PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
66970 7/12/2011 010996 CA PUB EMPLOYEES' RET. SYSTEM H2O110714930C JULY EMPLOYEE/DEPENDENT MEDICAL INSURA
32-370-142-000-000 256.55
34-400-142-000-000 342:09 _
10-022-55-00 2,407.29
10-022-61-00 7,216.94
10-120-142-000-000 363.45
10-125-142-000-000 320.69
10-140-142-000-000 962.07
10-172-142-000-000 406.19
10-175-142-000-000 641.38
10-190-265-000-000 72.40
10-370-142-000-000 641.36
10-380-142-000-000 320.68
10-440-142-000-000 2,256.70
10-450-142-000-000 256.54
10-625-142-000-000 194.55
16-175-142-000-000 726.88
21-175-142-000-000 363.46
21-625-142-000-000 83.36
32-200-142-000-000 619.97
Total : 18,452.55
66971 7/13/2011 011092 METLIFE SBC KM05736710 00 JULY EMPLOYEE/DEPENDENT DENTAL INSURAN
10-022-61-00 1,418.18
Total : 1,418.18
66972 7/13/2011 011196 FIDELITY SECURITY LIFE 3988937 JuIV JULY EMPLOYEE PAID VISION INSURANCE
10-022-61-00 150.80
Total : 150.80
66973 7/13/2011 011195 AMERICAN FIDELITY ASSURANCE CO 684186A JULY EMP PAID FLEX SPENDING/DEPEND CARE
23-250-10-00 1,170.00
Total : 1,170.00
66981 7/19/2011 001213 AT&T Jul/Aug 2011 Jul/Aug Phone& Internet Service
Page: 1
W
vchlist Voucher List Page: 2
07119/2011 5:14:35PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
66981 7/19/2011 001213 AT&T (Continued)
10-190-235-000-000 308.46
10-440-235-000-000 298.68
Total : 607.14
66982 7/19/2011 011110 TIME WARNER CABLE Jul 844840...724 July/Aug Cable& Internet Service-Sr
10-805-238-000-000 121.28
Total.: 121.28
67000 7/26/2011 010711 DANKA FINANCIAL SERVICES 74939450 July Lease E-Studio 350 Toshiba Copier
10-172-220-000-000 79.79
10-175-220-000-000 79.78
Total : 159.57
67001 7/26/2011 002740 FRUIT GROWERS SUPPLY 90814092 Maint Supplies-City Hall
10-195-245-000-000 54.95
Total : 54.95
67002 7/26/2011 010164 GREAT-WEST PR End 7/8/201' Contributions for PR End 7/8/2011
10-022-63-00 4,693.41
Total : 4,693.41
67003 7/26/2011 010632 HIGH TECH SECURITY SYSTEMS 96404 July Security Camera Maint Agreement
10-450-246-000-000 60.00
10-195-247-000-000 20.00
96756 August Security Camera Maint Agreement
10-450-246-000-000 60.00
10-195-247-000-000 20.00
Total : 160.00
67004 7/26/2011 003213 HONEYWELL ACS SERVICE 3537612 1st Qtr HVAC Maint Agreement
10-195-257-000-000 5,743.00
- Total : 5,743.00
67005 7/26/2011 010552 INTERNATIONAL CODE COUNCIL 07062011 FY 11-12 Class A Membership-Shields
10-172-265-000-000 25.00
Total : 26.00
v
Page: 2
� I
vchlist Voucher List Page: 3
07/19/2011 5:14:35PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
67006 7/26/2011 002727 J.R. FREEMAN COMPANY 466153-0 Office Supplies
10-120-210-000-000 50.87
Total : 50.87
67007 7/26/2011 010449 KONICA MINOLTA BUS. SOLUTIONS 218292990 1st Qtr Copier Maint-Toshiba E-studio
10-172-246-000-000 - 37.50
10-175-246-000-000 37.50
Total : 75.00
67008 7/26/2011 005024 NEOPOST 47580370 FY 11-12 Rate Change Protection
10-190-211-000-000 182.05
47589376 FY 11-12 Postage Meter Rental
10-190-211-000-000 641.72
Total : 823.77
67009 7/26/2011 005450 OTIS ELEVATOR COMPANY SAU06425V711 FY 11-12 Elevator Maint.,Services
10-195-246-000-000 4,670.59
Total : 4,670.59
67010 7/26/2011 005688 PROTECTION ONE 2588440 1 st Qtr Alarm Monitoring-City Hall
10-195-247-000-000 99.06
3020955 1st Qtr Alarm Monitoring-Building &
10-.172-246-000-000 52.62
10-175-246-000-000 52.62
31891344 1 st Qtr Alarm Monitoring-Maintenance
10-195-247-000-000 127.34
Total : 331.64
67011 7/26/2011 010565 QUICK LANE Q03247 Repair Window Switch-Ford F-150
10-175-272-000-000 214.94
Total : 214.94
67012 7/26/2011 006070 REDLANDS PLUMBING,HEATING, & 31005 Parts for Pico Park
10-450-245-000-000 67.84
Total : 67.84
67013 7/26/2011 006310 ROADRUNNER SELF STORAGE INC. 13160 August Storage Rental
10-140-241-000-000 119.00
Page: 3
vchlist Voucher List Page: 4
07/19/2011 5:14:35PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
67013 7/26/2011 006310 ROADRUNNER SELF STORAGE INC. (Continued) Total 119.00
67014 7/26/2011 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT112CC 1st Qtr Haz Waste Services
10-187-258-000-000 4,133.00
Total : 4,133.00
67015 7/26/2011 006695 SO.CA.ASS'N OF GOVERNMENT 11-155 FY 11-12 Membership Renewal
10-190-265-000-000 1,256.00
Total : 1,256.00
67016 7/26/2011 010693 UNITED WAY PR End 7/8/201' PR End 7/8/2011 Donations
10-022-65-00 62.50
Total : 62.50
23 Vouchers for bank code : bofa Bank total : 44,561.03
23 Vouchers in this report Total vouchers : 44,561.03
Page: 4
o�
I certify that to the best of my knowledge, the afore-listed checks for payment of City and
Community Redevelopment Agency liabilities have been.audited by me and are necessary and
appropriate for the operation of City and Agency.
Bernie Simon, Finance Director
V
City of Grand Terrace
Warrant Register Index
FD No. Fund Name Dept No. Department Name General Account Numbers
10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESMAGES
11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN
12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT
13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION
15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 138/141 MEDICARE/SUI
16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE
17 TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS
19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS
22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES
26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES
44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT
46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES
47 BARTON RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES
32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS
33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES
34 CRA LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING
802 CRIME PREVENTION UNIT 270 TRAVEUCONFERENCES/MTGS
804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE
805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT
807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE
808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP)
700 COMPUTER-RELATED
701 VEHICLES&EQUIPMENT
CITY OF GRAND TERRACE PENONH(;Wy(f q,APPWVAL
CITY COUNCIL MINUTES
REGULAR MEETING -JULY 12,2011
A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council
Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on July 12,
2011 at 6:00 p.m.
PRESENT: Walt Stanckiewitz, Mayor
Lee Ann Garcia, Mayor Pro Tern
Darcy McNaboe, Councilmember
Bernardo Sandoval, Councilmember
Gene Hays, Councilmember
Betsy M. Adams, City Manager
Brenda Mesa, City Clerk
Bernard Simon, Finance Director
Joyce Powers, Community&Economic Development Director
Richard Shields, Building& Safety Director
Colin Burns, Attorney
Det. Wayne Martin, San Bernardino County Sheriff's Department
ABSENT: John Harper, City Attorney
Rick McClintock, San Bernardino County Fire Department
The City Council meeting was opened at 6:00 p.m. with a reading of a Compassion Exercise by
Council Member Darcy McNaboe, followed by the Pledge of Allegiance led by Council Member
Gene Hays.
ITEMS TO DELETE
CRA Item 3. Closed Session- Conference with Real Property Negotiators
SPECIAL PRESENTATIONS -None
CONSENT CALENDAR
CC-2011-53 MOTION BY COUNCIL MEMBER MC NABOE, SECOND BY
COUNCILMEMBER SANDOVAL, CARRIED 5-0, to approve the following
Consent Calendar Items with the removal of 3A:
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 06-21-2011 and 06-28-2011 Minutes
3D. Acceptance of Right-of-Way Dedication from Stater Brothers Markets
COUNCIL AGENDA ITEM NO. 3 C
20
Council Minutes
07/12/2011
Page 2
3E. Jurisdiction Master Agreement No.C 12016,between San Bernardino County
Transportation Authority and the City of Grand Terrace
3F. Review of City Investment Policy
3A. Approval of Check Register No. 07-12-11
CC-2011-54 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY MAYOR PRO
TEM GARCIA, CARRIED 5-0, to approve the Check Register No. 07-12-2011.
PUBLIC COMMENT
R.A."Barney"Barnett,indicated that the Grand Terrace City Council adopted a Resolution
in 2001 in support of locating a Metrolink station in Highgrove and announced that there is
a meeting tomorrow at RCTC in Riverside to address this issue. He requested that a Council
Member from Grand Terrace attend the meeting.
COUNCIL REPORTS
Councilmember Gene Hays, Grand Terrace Community Day was a wonderful event.
Councilmember Darcy McNaboe,referred to an article in The Sun on July 9'about failing
infrastructure in cities being a national trend. She indicated that she has spoken to the
General Manager for Riverside Highland Water Company who explained to her that they
started a capital improvement program in 1986 to replace water lines and the system in
Grand Terrace is in good shape. Our sewer and wastewater system is relatively new and also
in good condition,which is good news for our budget. She reported that our staff is working
on grants to address ADA issues for City Hall.
Mayor Mayor Pro Tem Lee Ann Garcia,thanked the volunteers and staff for their work on
Grand Terrace Community Day.
Mayor Stanckiewitz, reported that he attended the State of the City Address for the City of
Colton and it was amazing to hear what they have accomplished in seven months. The
Mayor of Colton attributed this to the Council Members putting aside their personal agendas
and approaching issues as a group.He feels that this Council is also working well as a group
for the good of the city. He announced that business owners should be aware of a scam
targeting businesses regarding fictitious business names.
PUBLIC HEARINGS
6A. An Ordinance of the City Council of the City of Grand Terrace Amending Title 18,
Chapter 18.80 of the Grand Terrace Municipal Code by Amending in its Entirety
21
Council Minutes
07/12/2011
Page 3
Section 18.80.130 Political Signs and Adopting a New Section 18.80.130 Political
Signs
Community Development Director Joyce Powers, indicated that the proposed ordinance
would remove time restrictions for sign display before an election, the sign height above
grade, and city permit requirement. The allowable maximum sign size restriction of 16
square feet and the requirement to remove all signs within ten days of the election, remain
the same. In addition , signs would still be prohibited within the public right-of-way and
cannot obstruct visibility. She stated that the main issue is to not violate candidates
constitutional right to free speech.
Mayor Stanckiewitz opened the Public Hearing, there being none, he closed the Public
Hearing and returned discussion to the Council.
CC-2011-55 MOTION BY COUNCILMEMBER MC NABOE, SECOND BY
COUNCILMEMBER SANDOVAL, CARRIED 5-0,to approve the first reading of
an Ordinance of the City Council of the City of Grand Terrace Amending Title 18,
Chapter 18.80 of the Grand Terrace Municipal Code by Amending in its Entirety
Section 18.80.130 Political Signs and Adopting a new Section 18.80.130 Political .
Signs.
UNFINISHED BUSINESS None
NEW BUSINESS
8A. Notice of Termination to Redflex Traffic Systems, Inc. For Red Light Camera
Agreement
Cijy Manager_ Betsy M.Adams,reported that staff is requesting Council direction to provide
written notification that the city will not be extending the current five year contract. The
Redflex Traffic Systems agreement is scheduled to expire April 24,2012,however, it has a
clause that indicates that termination is based on the date the equipment was installed and
operational. The date the agreement can be terminated with notice is August 14,2012.
CC-2011-56 MOTION BY COUNCILMEMBER HAYS, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 5-0,to authorize the City Manager to provide Redflex Traffic
Systems,Inc.written notification that the City will not be extending the current five
year contract beyond August 14, 2012.
8B. Agreement by and between Riverside County, City of Grand Terrace and Colton
Joint Unified School District for Traffic Signal, Safety Lighting and Roadway
Improvements located at Main Street and Michigan Street
22
Council Minutes
07/12/2011
Page 4
Richard Shields,Director of Building and SafeV2ublic Works,indicated that the roadway .
improvements including widening and asphalt upgrades on Main Street and Michigan Street
are to be completed before the new high school is opened. These improvements will help
mitigate the increased traffic volumes that will be experienced at the opening of the school.
CC-2011-57 MOTION BY COUNCILMEMBER MC NABOE, SECOND BY
COUNCILMEMBER.SANDOVAL,CARRIED 5-0,to direct the Mayor to sign the
Agreement,on behalf of the City Council for the installation of a new traffic signal,
safety lighting and road improvements at Main Street and Michigan Street;
Appropriate $150,000 from the Traffic Signal Fund (11), to Account No. 46-400-
274; and Appropriate $105,000 from the Arterial Street Fund (11),to Account No.
46-400-274.
8C. Resolution of Intent and Ordinance Required by ABX1 27 to Permit the Continued
Existence of the Community Redevelopment Agency
City Managery M. Adams,reported that.on June 29,2011 the Governor signed ABX1
26 and ABX1 27 which are budget trailer bills that eliminated redevelopment agencies and
created a voluntary alternative redevelopment program.
CC-2011-58 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY
COUNCILMEMBER HAYS., CARRIED 5-0, to adopt the nonbinding Resolution
of Intent required by ABX 1 27 to enact the Ordinance to permit the continued
existence of the Community Redevelopment Agency;Introduce and conduct the first
reading of the Ordinance required by ABX1 27 to permit the continued existence of
the Community Redevelopment Agency and schedule the second reading and Public
Hearing for the Ordinance for July 26, 2011.
3F. Review of City Investment Policy
CC-2011-59 MOTION BY MAYOR PRO TEM GAR CIA, SECOND BY COUNCILMEMBER
SANDOVAL,CARRIED 5-0,to direct staff to bring back Consent Calendar Item 3F.
Review of City Investment Policy with clarification on the reference to City .
Treasurer.
CLOSED SESSION
9A. Public Employment- City Attorney- Pursuant to GC54957
9B. Conference with Legal Counsel - Potential Litigation Pursuant to GC 54956.9(b) -
One Case
Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Public
23
Council Minutes
07/12/2011
Page 5
Employment-City Attorney-Pursuant to GC54957 and the City Council will be scheduling
the first round of interviews for mid-August.
Mayor Stanckiewitz announced that the Council met in Closed Session for Conference with
Legal Counsel-Potential Litigation pursuant to GC 54956.9(b)-one case and there was no
reportable action taken.
Mayor Stanckiewitz adjourned the meeting at 9:05 p.m.,until the next City Council Meeting which
is scheduled to be held on Tuesday, July,26, 2011 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
24
CALI'FORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item ( X ) CRA Item ( )
TITLE: Update on Implementation of Accumulation Program for
Part-time and Limited-term Employees (APPLE) Plan
- PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Receive information on the APPLE Plan implementation.
BACKGROUND:
On April 26, 2011 the City Council adopted Resolution No. 2011-09 authorizing the
implementation of the APPLE Plan as an alternative to Social Security for part-time
employees who work less than 20 hours per week and for limited service or temporary
employees.
DISCUSSION:
The staff report for the resolution adopting the APPLE Plan contained an error which
was discovered as the program was being implemented. It stated that the City was not
required to contribute-to the APPLE Plan when in actuality the City needs to contribute
1.3% to the program. The employee pre-tax contribution of 6.2% noted in the staff
report is correct. The 1.3% employer contribution information was provided to the
employees in the documentation they received on the APPLE Plan on June 13, 2011,
which is included as Attachment A to this staff report. The APPLE Plan went into effect
on June 25. The only remaining action item for this program was to formally advise the
Council of the 1.3% City contribution which is accomplished through this staff report.
The resolution adopting the APPLE Plan, Resolution No. 2011-09, does not need to be
revised.
FISCAL IMPACT:
In April, when the Council approved the City's participation in the APPLE Program, the
estimated annual savings was $7,126. The savings,is now anticipated to be $5,632 due
to the 1.3% required City contribution. --
COUNCIL AGENDA ITEM NO.
1
26
Update on Implementation of Accumulation Program for
Part-time & Limited Service,Employees (APPLE) Plan
Page 2
Respectfully submitted:
Betsy 0. Adanis, City Manager
ATTACHMENTS:
Attachment A: City of Grand Terrace APPLE Plan Employee Announcement
27
Attachment A
City of Grand Terrace APPLE Plan Employee Announcement
28
DAPPLE
A Keenan Solution
CITY OF GRAND TERRACE ANNOUNCEMENT
To: Part Time and Limited Term Employees
From: Human Resources Department
Date: June 13,2011
Re: ACCUMULATION PROGRAM FOR PART-TIME Arm IJMITED-TERM EMPLOYEES
The City of Grand Terrace(City) is pleased to announce the implementation of the Accumulation Program
for Part-Time and Limited Service Employees (APPLE), offered by Keenan & Associates. The new
record keeper is MidAmerica Administrative Solutions, Inc. (MidAmerica) and the new funding
company is American United Life (AUL).
The City Council voted to make this change for part-time employees to provide competitive and
consistent returns on funds and increased access to plan information. The APPLE plan is scheduled to
become effective June 25,2011.
THE ADVANTAGES FOR ELIGIBLE EMPLOYEES INCLUDE:
■ 6.2%Pre-Tax Employee Contribution
■ 1.3%Employer Contribution
■ Current Interest Rate 3.1%
■ 3% Guaranteed Minimum Interest Rate until 2011 (2012 minimum guaranteed rate set per
NAIC [National Association of Insurance Commissions] formula)
■ No Annual Fees
■ No Participant Fees
■ Annual Statements are Mailed Directly to Participants' Homes
■ Medicare Eligibility Contributions Continue
■ APPLE Plan Website Access www.keenan.com
All of your account information has been transferred to MidAmerica thus providing MidAmerica the
ability to continue the Plan activity on the District's behalf. MidAmerica will be sending you updated
Participant Balance Statements in the near future.
Under the APPLE program,your default beneficiary will automatically be your spouse if you are married
or your estate if you are not married. Please complete the enclosed Beneficiary Designation Change
Form only if you wish to designate a beneficiary other than your default beneficiary. If married and you
elect a beneficiary other than your spouse,your spouse must agree to your election and sign the form in
the presence of a Notary Public. This form can also be used to change your address or name.
Beneficiary Forms are also available at www.keenan.com or 1-800-634-1178. Once completed, please
forward to MidAmerica Administrative Solutions, 211 East Main Street, Suite 100, Lakeland, FL 33801
or fax to: 863-686-9727.
If you have any other questions,please contact any of the following.
■ Plan Administrator,MidAmerica—Customer Service: 800-634-1178
■ Plan Consultant,Keenan&Associates—Customer Service 800-444-9995 x 3672
® Benefits Coordinator, City of Grand Terrace,909-430-2245.
29
Q APPLE WELCOME NEW EMPLOYEE!!!
A Keenan Solution
City of Grand Terrace
Announces an Employer Sponsored 401(a) Program for
Pant-time and Limited-Service Employees
As an Alternative to Social Security
City of Grand Terrace sponsors an Alternative to Social Security, Program known as APPLE. Effective with your
employment at the City, you are automatically enrolled in this program. The Accumulation Plan for Part-time and
Limited-Term Employees (APPLE) is a Profit Sharing program for certain eligible employees of the City. MidAmerica
Administrative Solutions is the,record keeper and American United Life Insurance Company® (AUL), a OneAmerica
Company,is the company providing the investment for the Plan.
This valuable program was implemented for short term employees not contributing to the California Public Employees
Retirement System (CalPERS) or Social Security, in order to provide enhanced retirement benefits. Social Security
contributions are made on an after tag basis. By implementing a program that allows you to make retirement
contributions on a pre-tax basis,more dollars are put to work for your retirement and the taxation is deferred until a later
date.
The Advantages for Eligible Employees include:
6.2%Pre-Tag Employee Contribution
1.3%Employer Contribution
3%Guaranteed Minimum Interest Rate Until 2011 (2012 minimum guaranteed rate set per NAIC formula)
Current net rate of 3.1%
Account Balances Accumulate with American United Life Insurance Company(AUL)
No Participation Fees
No Annual Fees
Annual Statements are Mailed Directly to Participants'Homes
Account Distributions Available Upon Termination of Employment
Medicare Eligibility Contributions Continue
APPLE Plan Website Access in the Client Center at www.keenan.com
The following two forms (which can also be retrieved from www.keenan.com) are included:
Beneficiary Form (Return to Personnel only if Beneficiary is someone other than your Spouse)
Your Beneficiary under the Plan will automatically be your spouse if you are married or your estate if you are not married.
If you wish to designate a beneficiary other than your spouse or your estate, please complete the attached Beneficiary
Designation or Participant Data Change form. If marred and you elect a beneficiary other than your spouse,your spouse
must agree to your election and sign the form in the presence of a Notary Public.
Social Security Form SSA-1945(Must be returned to Personnel no later than your second payroll date)
Recent legislation, effective January 1, 2005, requires the City to provide a statement to employees in a.job not covered
under Social Security. The attached Social Security form "Statement Concerning Your-Employment in a Job Not
Covered by Social Security" (Form SSA-1945) meets this requirement. The Statement explains how a pension from that
job could affect future Social Security benefits to which you may become entitled. The Statement explains the potential
effects of two provisions in the Social Security law for workers who also receive a pension based on their work in a job
not covered by Social Security. The Windfall Elimination Provision can affect the amount of a worker's Social Security
retirement or disability benefit. The Government Pension Offset Provision can affect any possible Social Security benefit
entitlement as a spouse or an ex-spouse.
If you have any questions,please contact any of the following
Record Keeper. MidAmerica-Customer Service Toll Free Number- (800) 634-1178
Plan Consultant: Keenan&Associates-Customer Service Toll Free Number. (800),44 9995,Ext.3672
Social Security:Toll Free Number(800) 385-0778—Website:www.socialsecuritv.vov
30
CALIFORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item (X) CRA Item ( )
TITLE: Remote Deposit Service Amendment— Bank of America
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Approve, Authorize Finance Director to execute agreement
BACKGROUND.-
City Staff makes bank deposits daily, or on an as needed basis, to deposit receipts that
are mailed or delivered to the City. The City uses Bank of America for its' general bank
account and payroll account. Bank of America is currently the only major bank in the
City of Grand Terrace. Bank of America has invited the City to use its' remote deposit
services in order to increase efficiency and reduce costs to the City.
DISCUSSION:
Bank of America is offering an RDS single feed scanner at no cost to the City as an
incentive to go to the remote deposit service. In addition, bank charges are estimated to
go down roughly one-third prior to the FDIC charge. The current monthly cost of all
services is about $600 to 1,000 per month depending on utilization of services.
Once implemented, checks images will be scanned and remitted electronically through
the Bank of America website rather than taken manually to the bank with the daily
deposit. This would speed up the check clearing process and reduce staff trips to go to
the bank.
Remote deposit service has been authorized and used since 2000. Federal legislation
was passed in 2003 and is known as the Check Clearing of the 21 st Century Act, or
simply "Check 21".
FISCAL IMPACT:
Potential savings of $2,400 to $4,800 annually and possible labor savings.
Respectfully submitted,
COUNCIL AGENDA ITEM NO. r
32
Bernie Simon
Finance Director
Manager Approval:
Betsy W Adams
City Manager
ATTACHMENTS:
Bank of America Account Analysis
Diagram " Deposit Process after Check 21"
Remote Deposit Service Amendment
33
From: "Acosta,Adriana"<adriana.acosta a@baml.com>
To: "Bernard Simon (bsimon@ci1yofgrandten~ace.org)"<bsimon@cityofgrandterra...
Date: 6/29/2011 11:09 AM
Subject: City of Grand Terrace-Account Analysis Proposal
Attachments: City of Grand Terrace-Cost Analysis.pdf
Hello Bernie,
It was a pleasure speaking with you. Per our conversation,,attached you will find the proposal for your
account analysis review. I am pleased to inform you that we will be able to save you money and provide
you a more efficient way to do your banking.
I would suggest that you have a copy of your most recent account analysis statement(5/31/2611)so that
I may point out the price and services changes proposed.
I look forward to your phone call.
Regards,
Adrian Acosta
Assistant Vice President
Client Manager
Bank of America Merrill Lynch
Bank of America, N.A.
12747 Central Avenue 2nd Floor(Chino, CA 91710
Office(909) 517-2251 1 Fax(704)625-4212
Client Service Center(888)400-9009
adiiana.acosta@baml.com<maitto:craig.mcguire@baml.com>
This message w/attachments(message)is intended solely for the use of the intended recipient(s)and
may contain information that is privileged,confidential or proprietary. If you are not an intended recipient,
please notify the sender, and then please delete and destroy all copies and attachments, and be advised
that any review or dissemination of,or the taking of any action in reliance on,the information contained in
or attached to this message is prohibited.
Unless specifically indicated,this message is not an offer to sell or a solicitation of any investment
products or other financial product or service,an official confirmation of any transaction, or an official
statement of Sender. Subject to applicable law,Sender may intercept, monitor, review and retain
e-communications(EC)traveling through its networks/systems and may produce any such EC to
regulators, law enforcement, in litigation and as required by law.
The laws of the country of each sender/recipient may impact the handling of EC,and EC may be
archived,supervised and produced in countries other than the country in which you are located. This
message cannot be guaranteed to be secure or free of errors or viruses.
References to"Sender"are references to any subsidiary of Bank of America Corporation. Securities and
Insurance Products:*Are Not FDIC Insured*Are Not Bank Guaranteed*May Lose Value*Are Not a
Bank Deposit*Are Not a Condition to Any Banking Service or-Activity*Are Not Insured by Any Federal
Government Agency.Attachments that are part of this EC may have additional important disclosures and
disclaimers,which you should read.This message is subject to terms available at the following link:
http://www.bankofamerica.com/emaildisclaimer. By messaging with Sender you consent to the foregoing.
34
Bank of America `
Merrill Lynch
ESTIMATED ACCOUNT ANALYSIS CHARGES
CITY OF GRAND TERRACE
• SUMMARY OF PARENT POSITION
Amount Amount BALANCE
EARNINGS ALLOWANCE $161.47 $561,297.86
INTEREST CHARGES $0.00
ACTIVITY CHARGES $405.16 ,
TOTAL INTEREST AND ACTIVITY CHARGES $405.16 $1,408,413.14
DEFICIT POSITION ($243.69) ($847,115.28)
• BALANCE INFORMATION
BALANCE
AVERAGE MONTHLY BALANCES:
LEDGER BALANCE $581,707.66
LESS:FLOAT $20,409.80
COLLECTED BALANCE $561,297.86
NEGATIVE COLLECTED BALANCE $0.00
• RATE INFORMATION
EARNINGS ALLOWANCE RATE 0.35%
RESERVE REQUIREMENT RATE 0.00%
COLLECTED OVERDRAFT INTEREST CHARGE RATE 0.00%
MULTIPLIER(POSITIVE COLLECTED BALANCE REQUIRED PER$1.00 OF SERVICE CHARGE 3476.19
Prices are valid for 90 days from receipt of this pro-forma.
Other fees may be assessed in accordance with Bank of America's Schedule of Fees.
Confidential to Bank of America Page 1 of 3
35
Bank of America" `
Merrill Lynch.
ESTIMATED ACCOUNT ANALYSIS CHARGES
CITY OF GRAND TERRACE
• ACTIVITY CHARGE DETAIL
AFP Volume No.of Proposed Service Balance
Code Service Range Units Price Charge Required
General Account Services
010000 ACCOUNT MAINTENANCE 2 $20.0000 $40.00 $139,047.60
Total General Account Services $40.00 $139,047.60
Depository Services
100000 BANKING CENTER DEPOSIT 21 $2.0000 $42.00 $145,999.98
100000 DEPOSITS/OTHER CREDITS 3 $1.2000 $3.60 $12.514.28
10001A CURR-COINDEP/$100-OBD-ND 18 $0.1300 $2.34 $8,134.28
10001Z CURR-COIN DEP-PER$1 00-BC 114 $0.1400 $15.96 $55,479.99
100229 CHECKS DEPOSITED 0 $0.1300 $0.00 $0.00
Total Depository Services $63.90 $222,128.53
Paper Disbursement Services
150102 GEN DISB CKS PD-IS FRONT IMG 139 $0.1700 $23.63 $82.142.37
150102 GENERAL CHECKS PAID TRUNCATED 19 $0.1600 $3.04 $10,567.62
151350 CD ROM MAINTENANCE 2 $15.0000 $30.00 $104,285.70
151351 CD ROM PER IMAGE 158 $0.0450 $7.11 $24,715.71
151351 IMAGE RETRIEVAL 10 $0.2500 $2.50 $8,690.48
151353 CD ROM DISK 1 $10.0000 $10.00 $34,761.90
151399 IMAGE ARCH IVE-7 YEARS 202 $0.0450 $9.09 $31,598.57
151399 IMAGE MAINTENANCE 2 $10.0000 $10.00 $34,761.90
Total Paper Disbursement Services $95.37 $331,524.24
General ACH Services
-i0200 ACH DEBIT RECEIVED ITEM 9 $0.1200 $1.08 $3,754.29
Z'50201 ACH CREDIT RECEIVED ITEM 5 $0.1200 $0.60 $2,085.71
Total General ACH Services $1.68 $5,840.00
EDI Services
309999 REMOTE DEP CK IMAGE PROCESSING 406 $0.1500 $60.90 $211,699.97
30TTTT RDS SCANNER SINGLE FEED(WAIVED) 1 $325.0000 $0.00 $0.00
100200 IMAGE DEPOSIT 20 $1.2500 $25.00 $86,904.75
100229 IMAGE DEPOSITED ITEMS-RDSO 406 $0.0600 $24.36 $84,679.99
010000 REMOTE DEP-ACCOUNT MAINTENANCE 1 $25.0000 $25.00 $86,904.75
Total EDI Services $135.26 $470,189.46
Wire Transfer Services
350120 DIRECT ACCOUNT TRANSFER 3 $3.0000 $9.00 $31,285.71
350123 ELEC WIRE OUT-BOOK DB 1 $5.5000 $5.50 $19,119.05
350551 ELEC WIRE BK MNT TEMP STORAGE 3 $1.5000 $4.50 $15,642.86
359999 WIRE MODULE MAINTENANCE SVCS 1 $0.0000 $0.00 $0.00
Total Wire Transfer Services $19.00 $66,047.61
Information Services
400050 DIRECT PREVIOUS DAY ACCT 3 $16.6500 $49.95 $173,635.69
400051 PREVIOUS DAY EXT ITEM 226 $0.0000 $0.00 $0.00
400053 DIRECT CURRENT DAY ACCT 3 $0.0000 $0.00 $0.00
400054 CURRENT DAY STD ITEM 144 $0.0000 $0.00 $0.00
Total Information Services $49.95 $173,635.69
TOTAL ACTIVITY CHARGES: $405.16 $1,408,413.14
Prices are valid for 90 days from receipt of this pro-forma.
Other fees may be assessed In accordance vAth Bank of America's Schedule of Fees.
Confidential to Bank of America Page 2 of 3
36
SM STP Payments Processing Committee—Educational Review:Understanding"Check 21"andlis Current Status
The following diagram presents a high-level depiction of the deposit process after Check
21 is implemented. Note that although Check 21 does not require digital interchange,
Check 21 may help facilitate it.
Deposit Process after Check 21 Client's bank honors check and debits
":_NEYV STEP IN PROCESS--'
Can
Client mails check a
client s account. Substitute check,or
into branch. original check,may be returned to client.
•- •.
:-
- s
-- -- -_ Depositor or depository bank images.
_ a
check and either transmits image or
strategically prints a substitute check
closer to the clearing channel.
Branch or operations area Depository bank receives Clearing channel(Federal Reserve,
receives and deposits check. Clearinghouse,Direct Send)
check. receives substitute check and debits
elienfs bank.
[NOTE: cation and substitute check creation can occur,but does not have to occur,at any point in the process. .
What Will Change with Check 21?
Implementation of Check 21 will result in changes that should be taken into consideration
by all financial services participants(banks,broker/dealers,utilities, etc.):
Banks can collect or return properly prepared substitute checks without the need
for an agreement with the receiving bank
■ 'A substitute check is a paper reproduction of the original check that
o Contains an image of the front and back of the original check
o Bears a MICR line containing all the information appearing on the MICR
line of the original check
o Conforms with applicable industry standards for substitute checks
o Is suitable for automated processing in the same manner as the original
check.
■ To be the legal equivalent of the original check, a substitute check must
o Accurately represent all of the information on the front and back of the
original check
Copyright(,2004,Securities Industry Association 10
37
SM STP Payments Processing Committee—Educahional Review:UndersimmWig "Check 21"and lis Current Status
o Bear the legend: "This is a legal copy ofyour check. You can use it the
same way you would use the original check."
• A bank that creates a substitute check(the"reconverting bank')indemnifies
subsequent parties for losses resulting from receipt of the substitute check instead
of the original check
■ Expedited Recredit provisions for consumers who incur losses due to receipt of a
substitute check instead of an original check
■ Banks must distribute disclosures to their consumer customers who receive
substitute checks.
Copyright ID 2004,Securities Industry Association 1 _
38
YM�l��V■A���V■■VM 1\CIIIVIG VG�.l aJ.7R Veil vtar6 AI1��r11aAl11GIR aV a�IG
Terms and Conditions
This Amendment("Amendment')is to the Treasury Services Terms and Conditions Booklet or the
Cash Management Services Terms and Conditions Booklet executed by you (the "Booklet").
Terms used but not defined in this Amendment will have the meanings given to them in the
Booklet. The purpose of this Amendment is to describe the terms and conditions under which we
will provide you with the Remote Deposit Service, as described below. Subject to our specific
approval, you may use our Remote Deposit Service under the following terms and conditions
once you have signed the Authorization and Agreement signature page for the Booklet and this
Amendment, and completed any set up forms and testing requirements for the services.
REMOTE DEPOSIT SERVICE
The Remote Deposit Service allows you to create or have created on your behalf an Image,
Paper Image or an IRD from an Electronic Image of an original paper checks, as described in the
applicable User Documentation.
CLIENT RESPONSIBILITIES
You acknowledge that certain Websites may be made available to you to assist us in providing
you this Remote Deposit Service. You understand that you are responsible.for capturing and
sending fully legible copies of the original paper check or Electronic Image which will be created
as a Paper Image or IRD.
Prior to sending us an Electronic Image transmission, you and we must agree on image and
transmission standards as more fully described in the applicable User Documentation. It is your
responsibility to use check imaging equipment acceptable to us as specified to you from time to
time("Hardware")to be installed at your site in order to use the Remote Deposit Services. The
terms and conditions pursuant to which the Hardware is obtained, installed and maintained shall
be as agreed between you and the vendor and/or lessor of such Hardware and we assume no
responsibility therefore.
You shall pay Bank for the amount of any returned IRDs or returned Images (including rejected
IRDs or rejected Images)or any claims for adjustments accepted by Bank, for any IRD or Image
which Bank has previously credited to your account. Such amounts shall be charged as returns
to your account and are immediately due and payable by you to us. Returned IRDs and returned
Images appear on your reports to the extent agreed between you and us. Certain returned IRDs
and returned Images shall be redeposited, if you have a separate Reclear Service agreement or
`:. arrangement with us. Any IRD created and deposited to your account must comply with all
requirements mandated by Check 21.
Except as provided herein, for any IRD created under this Remote Deposit Service,you give the
same representations,warranties and indemnities to us that we, as reconverting bank, give under
12 CFR Parts 229.52 and 229.53 of Check 21 regulations or any successor legislation. With
respect to any Image forward presented by us after your deposit, in paper check or Image form, in
your account, you give the same representations, warranties and indemnities to us that we, as
sending bank,give pursuant to the image exchange rules,including any applicable clearing house
rules and/or regulations that govern us. With respect to Images sent by you to us under this
Service, your warranties include warranties that the Image accurately represents all the
information on the front and back of the original check as of the time the original check was
truncated, the MICR-line information contains all information needed for a substitute check or
draft, and any transmission to us from you complies with the specifications described in the
applicable User Documentation. You agree to indemnify us and any receiving parties that suffer
losses as a result of receiving the substitute instead of the original, or receiving duplicate items,
whether in paper or Image form. You understand you are responsible for capturing and sending
. fully legible copies of the item which may be created as an IRD or Image. Notwithstanding the
foregoing, if the Website provided by us operates in a manner which causes you to breach any
warranties under Check 21, in spite of your exercise of reasonable care, you shall report such
Website issues to us as soon as reasonably practicable, and as more fully described in the
applicable User Documentation, and we will not hold you responsible for such breach of warranty.
00-35-256BNSBW 02-23-2011 PS Page 1 of 3
39
RE MOTEMEPOST17-SE RVI CEAM END MENT-707TH E"TERMS-ANIF CONDITION97
CLIENT RESPONSIBILITIES(continued...
Notwithstanding the preceding paragraph, you acknowledge that we will apply and be
responsible for(1)the appropriate endorsement of the bank of first deposit, if applicable,as more
fully described in the applicable User Documentation for each printed IRD and each Image(for
items collected by image exchange); (ii)the appropriate legend of legal equivalency on the front
of the printed IRD; and (iii) appropriate language identifying the reconverting bank if we do not
clear your electronic image transmission through image exchange.
It you have captured Images from checks,you agree that you will securely store,safeguard and
securely destroy items as set forth in the applicable User Documentation.
SECURITY PROCEDURE
You agree to use the Security Procedures, if any,when you make requests or take actions with
regard to the Service.The purpose of the Security Procedures is to verify the authenticity of the
request or action and not to detect errors in the transmission or content of any Image or IRD.
Each time you use a Service, you represent and warrant to us that it has determined that, in
view of your requirements, the Security Procedure is a satisfactory method of verifying the
authenticity of the relevant requests or actions. You agree that we may act upon any request or
action of you, the authenticity of which has been verified through the use of the Security
Procedures.
SUPPLEMENTAL GLOSSARY
Check 21. The Check Clearing for the 21st Century Act, 12 CFR 229 or any successor
legislation. Any IRD created and deposited in your account must comply with all requirements
mandated by Check 21.
Electronic Image. An image conforming to the applicable industry standards for Images.
Image. An Electronic Image or Paper Image. With regard to an Image of an original paper
check, you agree that the check Image that is deposited with us under the Remote Deposit
Service shall be a "check" and/or an "item" (as applicable) for all purposes under this
Amendment, any agreement between you and us relating to the collection of checks generally,
the Uniform Commercial Code, the Expedited Funds Availability Act, Regulation CC, any other
federal or state check law, and federal and clearinghouse rules, to the same extent as that
original is a"check"or an"item"as applicable.
IRD. An Image Replacement Document or substitute check, as set form in Check 21, which
provides that a properly prepared substitute check that meets the requirements for legal
equivalence is the legal equivalent of the original for all purposes.
Paper Image. An Image that is a paper reproduction of the related physical check(the original
paper item or substitute check created from an image of the original paper item) created with
image technology.
Website. Any internet website and/or online access channel for use in accessing one or more
Services.
00-35-2568NSBW 02-23-2011 PS Page 2 of 3
40
,,-_,,,,,,,-FtEWOTr:70EP.'OSIT SERVICE�,-AMENDMEN =,Ta,..MiETERMS-AND7CONDMONST,
Date: 07/0612011 City of Grand Terrace,The
(CLIENT'S LEGAL NAME)
.............I................................ .......... ......... ..................... ....................................................................................-.................................. ................. ......................................
... ..........I...................... ................................................................... ..................--..........................................................................................................................................
Bernard Simon
(Print Name)
...............I.................................................................... ................................................................... ............................................................. ..................................................................-.....................................
.............................................................. ........... ..................................................................... .................................................................................... ........
...................................... ................................ ............................................................. ..........
Finance Director
(Print Title)
00-35-2568NSBW 02-23-2011 PS Page 3 of 3
41
CALI'FORNI' AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item (X) CRA Item ( )
TITLE: City Council's motion regarding the direction to Staff to sell
cellular site leases at Richard Rollins Park and Grand
Terrace Fire Station #23.
PRESENTED BY: Matthew Wirz, Management Analyst
RECOMMENDATION: 1. Make a new motion directing staff to sell the cellular site
leases at Richard Rollins Park and Fire Station No. #23, to
Unison Site Management, LLC. in the amount of$356,897.
2. Authorize the City Manager to sign the final agreements
for the sale of City owned cellular site leases.
BACKGROUND:
On April 26, 2011 City Council reviewed the concept of selling City owned cellular site
leases and provided direction to Staff to continue to market the City owned cellular site
leases and submit all offers for review by the City Council.
On July 14, 2011 Staff provided City Council with purchase offers summarized in a
chart. There was an error made in the chart transposing the Unison offer to be $365,89.7
when the offer was $356,897. Council agreed to a motion to direct staff to pursue the
cellular lease purchase offer from Unison Site Management, LLC, in the amount of
$365,897 as shown on the chart for the sites located at Richard Rollins Park and Grand
Terrace Fire Station No. 23. In addition, the City Council authorizes the City Manager to
sign the final agreements for the sale of City owned cellular site leases.
DISCUSSION:
In order to move forward with the sale, Unison Site Management LLC is requesting the
motion reflect the accepted offer of $356,897 as initially proposed. The original offer
signed by the City Manager dated July 16, 2011 is included as Attachment"A".
COUNCIL AGENDA ITEM NO.
43
Respectfully submitted,
VA—hew Wirz
Management Analyst
Manager Approval:
Bet M.'A ams
City Manager
ATTACHMENTS:
Exhibit "A" Offer from Unison Site Management LLC.
44
Rj 340 Madison avenue. Suite 12F,New York,NY 10173 vrvwlv.unisonsite.com
May 25,2011
The offer is subject to due diligence and is based on the assumptions
City of Grand Terrace listed below:
Richard Shields
22795 Barton Rd • Site Management Services tower with Verizon Wireless as
Ste B tenant
Grand Terrace,CA 92313-5271 • T-Mobile tower with T-Mobile as tenant
• $3,068.76 total current monthly rent
• 53,068.76 total purchased monthly rent
• No escalation(Site Management Services)escalation&3.0%
Site#:457920&471521 annual(T-Mobile)escalation
Dear Richard:
- Thank you for your interest in our cell site lease conversion program. After analyzing the information you provided,Unison is prepared to
offer you the three options listed below for the purchase and easement on your cellular site to include the scheduled cell site tenant revenue.
Option I: Unison will pay you 5373,775 in exchange for a fifty year,general easement if the offer is accepted by June 8,2011.
Option 1: Unison will pay you S369,172 in exchange for a forty year,general easement if the offer is accepted by Tune 8,2011.
Option 3: Unison will pay you$356,897 in exchange for a thirty year,general easement if the offer is accepted by June 8,2011.
Our offer is to purchase a defined easement for the cell sites. The final amount of our offer is subject to due diligence and confirmation of
your monthly rent escalators and site tenants.
The anneal of the Unison deal:
• Convert your lease into cash:Unison Site Management,LLC is rapidly building a nationwide portfolio of cell site leases. Our
program allows you to convert your lease into hard cash. The telecom industry is changing rapidly and we encourage you to understand
and consider your options now.
• Secure your asset:With our lump sum cash offer,the value of your lease asset will no longer be,dependent on future rent payments.
This payment is yours regardless of what happens to your site in the future—maven if you sell the property. You can invest your capital
payment in real estate,stocks,bonds,or your own business.
A reminder why you must act quickly and reduce your risk
There is language in your lease stating that it can be terminated with as little as one month's notice. Our lump sum in cash will help you
secure your asset from the following:
• Debt:To provide service in literally hundreds of markets,each wireless service provider has built out a separate network. Today,there
are approximately 300,000 cell sites and antennae,but this build up.has been costly:providers have borrowed$100 billion to finance its
construction. That is a lot of debt for companies getting 4 cents per minute.
• Rent reduction and tower decommissioning:Providers are looking for ways to cut costs and one way to do this is to reduce your rent
or decommission your tower. There is a good chance that your current monthly rent income will reduce significantly or disappear
altogether,leaving you with a depreciating asset or no asset at all.
• Consolidation:A recent and remarkable merger saw AT&T and its 135-year legacy disappear overnight when it merged with SBC.
Since February 24`s,2004 there have been five major mergers in the telecom industry for a total deal value of over$125 billion. As a
result of this ongoing telecom merger epidemic,a substantial number of sites have already become redundant.
• Technology gains:Satellite telephone and DAS(Distributed Antenna System)technology has created provider networks that can reach
farther and are more efficient. This increase in coverage will continue to translate to a reduced need for cell towers.
If you have any questions,please contact me directly at(951)354-2795.1 look forward to discussing our offer with you at your earliest
convenience.
Sincerely,
Craig Bloomingdale
Unison Site Management,LLC
Unison Site Management
Phone:(212)599-2444•Fax:(212)755-4080
1
45
e'er I ' `° 'd >' 340 Madison Avenue. Suite,i 2F, New York, IVY 10173 .ww+ AMisonsite.com
May 25,2011
Terms of Agreement
*Our signatures below acknowledge that these are the business terms upon which this transaction will be completed.However,
the terms of this agreement are subject to due diligence and final Underwriting commitment by Unison,and receipt by Unison
of all required documentation, including but not limited to the complete Carrier lease(s), proof of scheduled monthly rent(s),
escalator(s),and Carrier(s).By signing and dating below, Unison will endeavor to close this transaction within 90 days of the
date of your acceptance of these business terms.The terms of this agreement will expire in six(6)months unless extended by
mutual consent
*When used herein,the terms Unison and Site Owner shall refer to Unison and the Site Owner and their respective successors
and/or assigns.
Seller("Site Owner"):City of Grand Terrace
Purchaser: Unison Site Management("Unison")
Site#:457920
Site Address:22745 De Berry St,Grand Terrace,CA 92313
Tenant/Carrier(s):Site Management Services tower with Verizon Wireless as tenant
Current Rent:$1,000.00
Purchased Rent:$1,000.00
Escalator.No escalation(Site Management Services)
Site#:471521
Site Address:22582 City Center CT,Grand Terrace,CA 92313
Tenant/Carrier(s):T-Mobile tower with T-Mobile as tenant
Current Rent:$2,068.76
Purchased Rent:$2,068.76
Escalator:3.0%annual(T-Mobile)
Easement Area:Ground space around the towers described by existing wireless service provider leases including equipment
footprints and access and utility easements.
Purchase Price(Please indicate the offer accepted by checking and initialing the appropriate boxes below):
0 Option 1:50 Year Easement: $373,775 Initial:
The purchase price shall be the gross purchase price from which will be netted:
• Pro-rated rent for the remainder of the month of closing plus the next two months(Site Owner shall be entitled to cash
and retain the rent check(s)for the pro-rated periods);
❑Option 2:40 Year Easement: $369,172 Initial:
The purchase price shall be the gross purchase price from which will be netted:
• Pro-rated rent for the remainder of the month of closing plus the next two months(Site Owner shall be entitled to cash
and retain the rent checks)for the pro-rated periods);
ption 3:30 Year Easement: $356,897 Initial:
/17re purchase price shall be the gross purchase price from which will be netted:
• Pro-rated rent for the remainder of the month of closing plus the next two months(Site Owner shall be entitled to cash
and retain the rent check(s)for the pro-rated periods);
Offer Expiration Date:June 8,2011
J
Continued on pages 2&3
Unison Site Management-�--------�---�
Phone:(212)599-2444 Fax:(212)755-4080
46
4%
'=. =u114 S SONx' < 340 Madison Avenue, Suite 12F. New York.NY 10173 vzww.unisonsite.com
Document Checklist
1. LANDLORD ENTITY TAX ID#or SSN:
2. 1 agree to provide my Unison representative with the following information required for closing:
❑ Full copy of each Telecommunications Tenant Agreement,including any addenda,amendments,
assignments,notice or exercise letter
❑ Commencement date verification of each Telecommunications Tenant Agreement and copies of at least the last three
months'rent checks
❑ All available correspondence from Telecommunications Tenants
❑ Proof of Site Owner's existence and authority,as applicable: (Entity Documents—Corporate filing receipt,Certificate
of Good Standing,Articles of Incorporation,Articles of Formation,By-laws,Operating Agreement;Partnership
Agreement;Trust Agreement;Probate documents,Death Certificate;Divorce Decree;Property Management
Agreement)
❑ Deed
❑ Survey of property
❑. If there is a mortgage on the property,Site Owner agrees to obtain a Non-Disturbance Agreement from the lender
3. The following documents will substantially expedite closing:
❑ Construction Drawings/Site Plans for the Telecommunication Tenants'installations
❑ Title Report or Title Insurance Policy
❑ Existing Environmental Reports,if applicable(Phase 1 or 2 or comparable)
❑ Current Tax Bill for property
❑ Appraisal or Fair Market Valuation(particularly if Lender may not easily provide Non-Disturbance and Attornment
Agreement)
❑ Site Plan
Sii_eOwrpKSijnatufe
Date signed:
Site Owner Contact information Attorney Contact Information
Name: Name
Phone: Phone:
Fax: Fax:
Email: Email:
Mortgage(if none,please indicate below)
Lender Name:
Phone: Mortgage Amount:
Fax: Lender Contact:
Email:
Unison Site Management
Phone:(212)599-2444•Fax:(212)755-4080
47
t 340 Madison Avenue,Suite 12F, New York, NY 10173 www.unisonsite.com
By signing below,you grant Unison an Option to purchase your interest in the communications facility leases(the"Subject
Leases")on land(the"Premises")owned by you,as well as an easement for wireless telecommunications purposes. Unison
may exercise the Option at any time within the Option Period,which shall commence upon execution of this Term Sheet and
end 6(six)months thereafter. If Unison exercises the Option,you will sell and Unison will purchase the Lease and Easement
rcfercncod herein. You acknowledge that a$100 nonrefundable cash deposit and Unison commitment to expend time,effort
and expense to evaluate this transaction are good,valuable and sufficient consideration for the Option granted herein. You
agree to cooperate fully with Unison in connection with its evaluation of this transaction. You shall not,directly or indirectly
(a)offer the Lease or the Premises for sale or assignment to any other person;(b)negotiate,solicit or entertain any offers to sell
or assign any interest in the Lease or Premises to any other person;or(c)modify,amend,supplement,extend renew,terminate
or cancel the Lease. This letter is intended as,and shall be,a legally binding commitment.In the event of a breach of this letter
agreement by you,Unison shall,in addition to its other rights and remedies,be entitled to compensation for its time,effort and
expense to evaluate this transaction and,in any action to enforce this letter agreement,to recovery of its reasonable attorneys'
fees. }
°Site Owner agrees to provide Unison with all due diligence items listed under the Document Checklist on the following page
at the point of execution of this agreement by the Site Owner. Site Owner also agrees to provide comments(if any)to the
Easement and Assignment agreement within 14 days of the execution of this agreement. The terms of this offer will expire if
such comments are not provided within 14 days of the execution of this agreement by the Site Owner. As noted on page 2
hereto,if there is a mortgage on the property,Site Owner agrees to obtain a Non-Disturbance Agreement("NDA")from the
lender. If the NDA is impossible to obtain,site owner may request a risk assessment to determine whether Unison will close
without the NDA. If the NDA requirement is waived,the purchase price will automatically be reduced by at least 10 times the
monthly rent at closing.
Craig Bloomingdale Site O
Site Development Officer Date:
for Unison Site Management
Unison Site Management
Phone:(212)599-2444-Fax:(212)755-4080
48
�,�
CALIFORNIA
AGENDA REPORT
MEETING DATE: July 26,2011 Council Item(X) CRA Item ( )
TITLE: A Resolution of the City Council of the City of Grand Terrace,.
adopting residential and commercial solid waste recycling rates.
PRESENTED BY: Matt Wirz,Management Analysis
RECOMMENDATION: 1. Conduct a Public Hearing to consider the adoption of
residential and commercial solid waste and recycling rate increase.
2. Adopt Resolution No. 2011- , setting forth residential
and commercial solid waste and recycling rates.
BACKGROUND:
On July 1, 2007 Burrtec Waste Industries acquired the Solid Waste Franchise Agreement for the
City of Grand Terrace. Over the past four years, Burrtec has provided a complete residential and
commercial collection program as well as recent program upgrades that included:
1. Illegally dumped materials collection along the City's main streets and thoroughfares.
2. Collection fleet conversion from diesel fuel vehicles to alternative fueled vehicles.
3. Replacement of all previous residential trash, recycling and green waste containers with
new containers.
Over time, the cost of waste collection, disposal and processing are impacted by a number of
variables. These impacts include increased landfill fees, green waste and mixed recyclables
processing fees, fuel, equipment,program,and labor costs.
On November 10, 2009 the City Council conducted a workshop to review a proposed refuse rate
adjustment and amendment to the existing franchise agreement between the City and Burrtec
Waste Industries. At the workshop, City Council directed staff to prepare a proposed refuse rate
adjustment for consideration. On December 8, 2009 Staff presented a proposed refuse rate
adjustment and resolution setting a public hearing for January 26, 2010 in order to consider
adoption of the proposed rate adjustments.
The current refuse rates charged by Bmitec Waste Industries include the collection, processing
and disposal cost for solid waste, recycling and green wastes for residential, commercial and
COUNCIL AGENDA ITEM NO. � 1
50
industrial cust:-,mers. These rates also include two waste related programs: a household
hazardous waste drop-off program and a street sweeping program.
The rate increase from January 26, 2010 resulted in no-change to the existing residential
collection rates. On the commercial side, Staff was able to add the street sweeping component
and Pavement Impact Fee to the rates while only requiring a modest rate increase of
approximately 2%.
DISCUSSION.-
Burrtec is requesting an adjustment in the residential and commercial service component that is
based on the percentage change in the annual Consumer Price Index. Additionally, Burrtec
Waste Industries is requesting a pass through of the adjusted increases in disposal and processing
fees.
Exhibit"A" shows the proposed rate increases for the City of Grand Terrace.
The proposed rate adjustment will result in approximately 1.85% increase for residential service
and approximately 2.50% for commercial service. The rate includes the collection, disposal and
processing fees, city administrative fee, pavement impact fee and street sweeping fee.
Proposition 218 notices were mailed by Burrtec Waste Industries on June 1, 2011 to all
residential and commercial customers notifying them of the Public Hearing scheduled for July
26, 2011 at which time the City Council would consider adoption of the proposed refuse rate
adjustments. A copy of that notice is included with this staff report as Exhibit `B".
Staff is recommending that the City Council conduct a public hearing to consider adoption of
residential and commercial solid waste and recycling rate increases and adopt the attached
resolution setting forth the new solid waste rate increases.
FISCAL IMPACT:
The proposed rate adjustments will result in minor increase in revenue estimated around $5,800
per year based on the percentage of franchise fees assessed on the increased rates.
Res ctfully submitted,
Matt Wirz, age ent Analysis
Manager Approval:
Betsy . Adams
City Manager
ATTACHMENTS:
Exhibit"A":City of Grand Terrace Proposed Rate Increase
Exhibit"B":Proposition 218 Notice
Resolution
5il
EXHIBIT A -
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Current Proposed Current
Service Type Rate Rate Service Type Rate Proposed Rate
Residential Refuse - Commercial Front Load Compactor
Standard-96 Gallon $ 22.44 $ 22.86 Size Freg
64 Gallon Trash $ 21.02 $ 21.52 2 1 $ 128.34 $ 132.33
Extra 96 Gallon Trash Barrel $ 10.81 $ 11.04 2 2 $ 241.54 $ 249.23
Extra 64 Gallon Trash Barrel $ 8.80 $ 8.99 2 3- $ 369.88 $ 381.58
Extra Recycling Barrel $ 2.03 $ 2.07 2 4 $ 498.22 $ 513.92
Extra Green Waste Barrel $ 2.03 $ 2.07 2 5 $ 625.97 $ 645.68
Backyard/Sideyard Service $ 12.50 $ 12.77 2 6 $ 754.61 $ 778.31
Extra Pick-Up 2 yd On-Site $ 21.43 $ 22.19
Extra Pick-Up 2yd Unscheduled $ 37.54 $ 38.63
Commercial Front Load Refuse 3 1 $ 178''46 $ 184.15
Size Freq 3 2 $ 342.19 $ 353.28
2 1 $ 85.51 $ 87.71 3 3 $ 520.73 $ 537.52
2 2 $ 156.21 $ 160.29 3 4 $ 698.96 $ 721.45
2 3 $ 241.71 $ 248.01 3 5 $ 877.77 $ 906.96
2 4 $ 327.24 $ 335.74 3 6 $ 1.056.00 $ 1,089.90
2 5 $ 412.17 $ 422.85 Extra Pick-Up 3 yd On-Site $ 28.35 $ 29.40
2 6 $ 497.97 $ 510.86 Extra Pick-Up 3yd Unscheduled $ 44.45 $ 45.84
Extra Pick-Up 2 yd On-Site $ 12.21 $ 12.56 4 1 $ 236.74 S 244.32
Extra Pick-Up 2yd Unscheduled $ 28.31 $ 29.01 4 2 $ 458.58 $ 473.42
3 1 $ 114.52 $ 117.53 4 3 $ 695.45 $ 717.88
3 2 $ 214.65 $ 220.37 4 4 $ 932.31 _$ 962.31
3 3 $ 329.24 $ 337.99 4 5 $ 1,169.17 $ 1,206.76
3 4 $ 453.33 $ 465.27 4 6 $ 1,404.89 $ 1;450.03
3 5 $ 558.41 $ 573.16 Extra Pick-Up 4 yd On-Site $ 35.27 $ 36.63
3 6 $ 672.70 $ 690.48 Extra Pick-Up 4yd Unscheduled $ 51.37 $ 53.08
Extra Pick-Up 3 yd On-Site $ 14.51 $. 14.96
Extra Pick-Up 3yd Unscheduled $ 30.62 $ 31,42 Miscellaneous Services
- 4 1 $ 151.53 $ 155.52 Temporary Bin-3 yd'(7-days) $ 53.69 $ 55.48
4 2 $ 288.49 $ 296.18 Burned Bin $ 291.76 $ 297.88
4 3 $ 440.13 $ 451,80. Exchanges $ 61.48 $ 62.77
4 4 $ 591.78 $ 607.44 Lock Rental(Monthly) $ 12.50 $ 12.77
4 5 $ 745.39 $ 765.11 Lost or Stolen Bin $ 521.00 $ 531.93
4 6 $ 893.94 $ 917.57 Overage $ 35.00 $ 35.73
Extra Pick-Up 4 yd On-Site $ 16.82 $ 17.37 Replaced Key $ 5.21 $ 5.32
Extra Pick-Up 4yd Unscheduled $ 32.92 $ 33.82 Locks-Replaced Lock $ 26.05 $ 26.60
6 1 $ 219.49 $ 225.33
6 2 $ 424.20- $ 435.54 Roll-Off&Compactor Services
6 3 $ 644.28 $ 661.46 10 yard(plus disposal) $ 195.53 $ 199.64
6 4 $ 863.21 $ 886.20 20 yard(plus disposal) $ 195.53 $ 199.64
6 5 $1,082.71 $1,111.53 40 yard(plus disposal) $ 195.53 $ 199.64
6 6 $1,302.21 $1,336.86 40 yard Compactor(plus disposal) $ 218.51 $ 223.10
Extra Pick-Up 6 yd On-Site $ 21.43 $ 22.19 40 yard Recycling(plus processing) $, 195.53 $ 199.64
Extra Pick-Up 6yd Unscheduled $ 37.54 $ 38.63 40 yard Green Waste(plus disposal) $ 218.51 $ 223.10
Refuse Per Ton $ 56.15 $ 57.97
Commercial Front Load Recyclina Temp 10,20,40 7-day,(6 Ton $ 555.39 $ 570.92
Size Freg Rental Fee(minimum every 7- $ 26.07 $ 26.62
2 1 $ 63.33 $ 64.65
2 2 $ 111.84 $ 114.18
3 1 $ 81.24 $ 82.95
3 2 $ 148.09 $ 151.20
4 1 $ 107.16 $ 109.41
4 2 $ 199.74 $ 203.94
6 1 $ 152.94 $ 156.15
6 2 $ 291.08 $ 297.20
52
EXHIBIT B
PROPOSITION 218 NOTICE
CALIFORNIA
June 1, 2011
Grand Terrace Refuse Customer or Property Owner:
Notice is hereby given that the Grand Terrace City Council will conduct a Public Hearing
on the-26 day of July, 2011, at the hour of 6:00 p.m. at the City Council Chambers,
22795 Barton Road, Grand Terrace, California, in compliance with Proposition 218
regarding proposed adjustments to solid waste and recycling rates and charges. In
accordance with Proposition 218, you may protest this proposed adjustment either in
person at the public hearing or in writing at City of Grand Terrace, City Clerk, 22795
Barton Road, Grand Terrace California, 92313.
The City of Grand Terrace contracts with Burrtec Waste Industries for the -provision of
solid waste and recycling collection services and charges rates to recover costs
associated with providing solid waste and recycling services to customers.
RESIDENTIAL: For residential service, the proposed rate adjustment will result in
approximately 1.85% increase in the rate charged. The rate includes the collection,
disposal and processing fees, city administrative fee, pavement impact fee, street
sweeping fee and household hazardous waste fee. Please see the attached rate table
on the reverse side of this letter for the proposed rates.
COMMERCIAL: For the commercial service, the proposed rate adjustment will result in
approximately 2.50% increase in the refuse rate charged. The rate includes the
collection, disposal and processing fees, city administrative fee, pavement impact fee
and street sweeping fee. Please see the attached rate tables on the reverse side of this
letter for the individual rates proposed for each commercial service.
Should you have any questions regarding the rate hearing or the proposed increase,
please contact the City of Grand Terrace at 824-6621.
Sincerely,
Betsy Adams
City Manager
City of Grand Terrace
Department of Building & Safety/Public Works
22795 Barton Road, Suite B, Grand Terrace, California, 92313-5295
(909) 825-3825 Fax (909) 825-7506
53
RESOLUTION NO.2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, ADOPTING RESIDENTIAL AND COMMERCIAL SOLID
WASTE AND RECYCLING RATES.
WHEREAS; the City Council has determined that due to changes in operating and
program costs, an adjustment in the service rates for the provision of refuse and recycling
collection as shown by Exhibit "A", attached, is hereby deemed appropriate and
reasonable. All other rates existing and not separately identified in Exhibit "A" shall
remain the same; and,
WHEREAS; a Public Hearing was conducted on July 26, 2011, at 6:00 p.m., at the
City Council Chambers, 22795 Barton Road, Grand Terrace California, at which time all
persons interested in or objecting to the proposed solid waste and recycling rate
adjustments were heard; and,
WHEREAS; Notice of said solid waste and recycling rate adjustments were mailed
using the U.S. Postal Mail Service to all residential and commercial customers of record
by Burrtec Waste Industries on or about July 1, 2011 and that said Notice was provided
45-days prior to the Public Hearing in accordance with Proposition 218; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace that the solid waste and recycling rate adjustments were approved and adopted by
the Council on July 26,2011 and shall become effective on August 26,2011.
ADOPTED this 260`day of July,2011.
Walt Stanckiewitz, Mayor
ATTEST:
Brenda Mesa, City Clerk
54
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Current Proposed Current
Service Type Rate Rate Service Type Rate Proposed Rate
Residential Refuse Commercial Front Load Compactor
Standard-96 Gallon $ 22.44 $1 22.86 Size Freq
64 Gallon Trash $ 21.02 $ 21.52 2 1 $ 128.34 $ 132.33
Extra 96 Gallon Trash Barrel $ 10.81 $ 11.04 2 2 $ 241.54 $ 249.23
Extra 64 Gallon Trash Barrel $ 8.80 $ 8.99 2 3 $ 369.88 $ 381.58
Extra Recycling Barrel $ 2.03 $ 2.07 2 4 $ 498.22 $ 513.92
Extra Green Waste Barrel $ 2.03 $ 2.07 2 5 $ 625.97 $ 645.68
Backyard/Sideyard Service $ 12.50 $ 12.77 2 6 $ 754.61 $ 778.31
Extra Pick-Up 2 yd On-Site $ 21.43 $ 22.19
Extra Pick-Up 2yd Unscheduled $ 37.54 $ 38.63
Commercial Front Load Refuse 3 1 $ 178.46 $ 184.15
Size Freq 3 2 $ 342.19 $ 353.28
2 1 $ 85.51 $ 87.71 3 3 $ 520.73 $ 537.52
2 2 $ 156.21 $ 160.29 3 4 $ 698.96 $ 721.45
2 3 $ 241.71 $ 248.01 3 5 $ 877.77 $ 905.96
2 4 $ 327.24 $ 335.74 3 6 $ 1,056.00 $ 1,089.90
2 5 $ 412.17 $ 422.85 Extra Pick-Up 3 yd On-Site $ 28.35 $ 29.40
2 6 $ 497.97 $ 510.86 Extra Pick-Up 3yd Unscheduled $ 44.45 $ 45.84
Extra Pick-Up 2 yd On-Site $ 12.21 $ 12.56 4 1 $ 236.74 $ 244.32
Extra Pick-Up 2yd Unscheduled $ 28.31 $ 29.01 4 2 $ 458.58 '$ 473.42
3 1 $ 114.52 $ 117.53 4 3 $ 695.45 $ 717.88
3 2 $ 214.65 $ 220.37 4 4 $ 932.31 $ 962.31
3 3 $ 329.24 $ 337.99 4 5 $ 1,169.17 $ 1,206.76
3 4 $ 453.33 $ 465.27 4 6 $ 1,404.89 $ 1.450.03
3 5 $ 558.41 $ 573.16 Extra Pick-Up 4 yd On-Site $ 35.27 $ 36.63
3 6 $ 672.70 $ 690.48 Extra Pick-Up 4yd Unscheduled $ 51.37 $ 53.08
Extra Pick-Up 3 yd On-Site $ 14.51 $ 14.96
Extra Pick-Up 3yd Unscheduled $ 30.62 $ 31.42 Miscellaneous Services
4 1 $ 151.53 $ 155.52 Temporary Bin-3 yd(pays) $ 53.69 $ 55.48
4 2 $ 288.49 $ 296.18 Burned Bin $ 291.76 $ 297.88
4 3 $ 440.13 $ 451.80 Exchanges $ 61.48 $ 62.77
4 4 $ 591.78 $ 607.44 Lock Rental(Monthly) $ 12.50 $ 12.77
4 5 $ 745.39 $ 765.11 Lost or Stolen Bin $ 521.00 $ 531.93
4 6 $ 893.94 $ 917.57 Overage $ 35.00 $ 35.73
Extra Pick-Up 4 yd On-Site $ 16.82 $ 17.37 Replaced Key $ 5.21 $ 5.32
Extra Pick-Up 4yd Unscheduled $ 32.92 $ 33.82 Locks-Replaced Lock $ 26.05 $ 26.60
6 1 $ 219.49 $ 225.33
6 2 $ 424.20 $ 435.54 Roll-Off&Compactor Services
6 3 $ 644.28 $ 661.46 10 yard(plus disposal) $ 195.53 $ 199.64
6 4 $ 863.21 $ 886.20 20 yard(plus disposal) $ 195.53 $ 199.64
6 5 $1,082.71 $1,111.53 40 yard(plus disposal) $ 195.53 $ 199.64
6 6 $1,302.21 $1,336.86 40 yard Compactor(plus disposal) $ 218.51 $ 223.10
Extra Pick-Up 6 yd On-Site $ 21.43 $ 22.19 40 yard Recycling(plus processing) $ 195.53 $ 199.64
Extra Pick-Up 6yd Unscheduled $ 37.54 $ 38.63 40 yard Green Waste(plus disposal) $ 218.51 $ 223.10
Refuse Per Ton $ 56.15 $ 57.97
Commercial Front Load Recycling Temp 10,20,40 7-day,(6 Ton $ 555.39 $ 570.92
Size Freq Rental Fee(minimum every 7- $ 26.07 $ 26.62
2 1 $ 63.33 $ 64.65
2 2 $ 111.84 $ 114.18
3 1 $ 81.24 $ 82.95
3 2 $ 148.09 $ 151.20
4 1 $ 107.16 $ 109.41
4 2 $ 199.74 $ 203.94
6 1 $ 152.94 $ 156.15
6 2 $ 291.08 $ 297.20.
55
CALI'FORNIA AGENDA REPORT .
MEETING DATE: July 26, 2011 Council Item (X) CRA Item ( )
TITLE: Barton Plaza
PRESENTED BY: Joyce Powers, Community and Economic Development
Director
RECOMMENDATION: Conduct a public-hearing and vote to approve Tentative Parcel
Map 11-01 and General Plan Amendment 11-01, and move to
second reading an ordinance to adopt Zone Change 11-01
and Specific Plan Amendment 11-01.
BACKGROUND:
The 3.6-acre Barton Plaza Project, located at the northwest corner of Barton_ Road and
Mount Vernon Avenue, was first approved by the Planning Commission on December
18, 2008, for the construction of the commercial center. The commercial center
included the construction of a Walgreens drugstore, Fresh & Easy Market, a
restaurant/retail, outbuilding and re-fagade of the existing retail building. Part of that
approval was a recommendation that the City Council approve a tentative parcel map
and vacate Britton Way for public roadway purposes. On February 10, 2009, the City
Council took both of those actions.
Since those actions, Walgreens has re-evaluated the site plan and has proposed
changes to the site layout, which resulted in re-consideration of the Project. The Project
still'consists of the uses noted above; however due to site changes which include
eliminating access to Mount Vernon _Avenue through the Project site via Britton Way,
shifting the Walgreens and Market buildings to the north, and amendments to the
General Plan Land Use Map, Zoning Map and Barton Road Specific Plan boundaries,
Pew Project review is required.
On July 14, 2011, the Planning Commission conducted a public hearing of the Project
and approved Site and Architectural Review (SA) 11-02 and Sign Program 11-02, which
approved the site layout, architectural theme, and sign program for the Project. The SA
and Sign Program approvals become effective on July 25, 2011. At the same hearing,
COUNCIL AGENDA ITEM NO.
57
Agenda Report
Re: Barton Plaza
Page 2 of 4
the Commission recommended that the City Council approve Tentative Parcel Map 11-
01, General Plan Amendment 11-01, Zone Change 11-01 and Specific Plan
Amendment 11-01. For reference, the site plan and architectural renderings are
included as Attachments 7 and 8.
DISCUSSION
Amendments
Due to the shifting of the Walgreens and Market buildings, the Market straddles two
different zoning districts (BRSP-Village Commercial and Administrative 'Professional),
two different General Plan land use designations (General Commercial and Office
Professional) and straddles the boundaries of the BRSP. The proposed amendments
for the northerly 0.75-acres of the site would consolidate the commercial center into one
zone district (BRSP-Village .Commercial) and one land use designation (General
Commercial). The Specific Plan Amendment would bring the 0.75 acres into the BRSP
boundaries. The Resolution of Approval and Ordinances to approve these amendments
are attached to this Report, (Attachments 1 through 3), and depict these changes.
The General Commercial Land Use designation is intended for general commercial
uses to serve the retail and service needs of the community. The BSRP-VC zoning
designation is intended to allow for varied types of commercial development such as
cafes, bakeries, gift shops, florist shops, bookstores, and other similar commercial retail
uses of a scale and quality that are compatible with a pedestrian-oriented village
atmosphere. The uses proposed within the Project are consistent with the intended
uses of both the General Plan and BRSP-VC designations. Further, the incorporation of
the 0.75 acres into the BRSP is appropriate because it results in cohesive development
of the commercial corner in terms of land uses and development standards.
Tentative Parcel Map
The Tentative Parcel Map proposes to assemble the nine existing lots and subdivide
them into four new parcels. Each proposed lot will contain one of the commercial
buildings, landscaping and parking. All parking will be shared among the different
users, and agreements will be recorded .to assure maintenance of the common areas.
In order to reduce the number of driveways on Barton Road the BRSP encourages 300
feet of street frontage under single ownership when lots are. consolidated, or
participation with adjoining property owners in reciprocal access easements designed to
reduce ,the total number .of driveways on Barton Road. As proposed, the new
Walgreens and existing structure will each sit on its own lot; however, the site plan and
reciprocal agreements will limit the Project site to two driveways along Barton Road. In
compliance with the Circulation Element of the General Plan, the developer is
58
Agenda Report
Re: Barton Plaza
Page 3 of 4
dedicating additional right of way along both Barton Road and Mount Vernon Avenue.
Dedication and improvement of right of way are standard development conditions. The
Resolution of Approval with conditions of approval is included as Attachment 4; the
Tentative Parcel Map exhibit is Attachment-6.
Britton Way
Britton Way has already been vacated for public roadway purposes. Britton Way will
end at the west boundary of the site and through access to Mount Vernon Avenue will
no longer be provided through the Project site. This is. caused by the shifting of the
- buildings and site grading that is necessary to build the Project. This site design has
been reviewed by the Fire Department and determined that it does not create a safety
issue relating to emergency access. Mount Vernon Avenue can be accessed through
nearby local streets, and the residential neighborhood northwesterly of the Project is
accessible via Canal Street.
ENVIRONMENTAL REVIEW
An Environmental Initial Study ("IS") and Mitigated Negative Declaration ("MND") were
prepared, pursuant to the California Environmental Quality Act (CEQA). The IS and
MND were made available for public review and comment from June 13, 2011 to July
12, 2011, and are included in Attachment" 5. The Initial Study determined that the
Project would not have a significant effect on the environment because mitigation
measures have been incorporated into the Project to reduce all potential impacts to
insignificant levels, as more thoroughly discussed in the attached IS.
FISCAL IMPACT
The applicant has paid all filing fees associated with the Project submittal.
Development Impact Fees for Phase 1 are estimated at approximately $163,000 and
approximately $175,000 for Phase 2. General fund revenue would be generated
through increased property and sales tax.
RECOMMENDATION
It is recommended that the City Council conduct the public hearing and take the
following actions:
(1) Adopt the Resolution of Approval for General Plan Amendment 11-01;
(2) Move to second reading Zone Change 11-01 and Specific Plan Amendment 11-01;
and
(3) Adopt the Resolution of Approval for Tentative Parcel Map 11-01;
59
Agenda Report
Re: Barton Plaza
Page 4 of 4
Respectfully submitted,
Joyce Powers "
Director of Community and
Economic Development
Manager Approval:
Bets Adams
City Manager
ATTACHMENTS: 1. Resolution for GPA 11-01
2. Ordinance for Zone Change 11-01
3. 'Ordinance for Specific Plan 11-01
4. Resolution for TPM 11-01
5. MND/Initial Study
6. TPM 11-01 Exhibit
7. Site Plan Exhibit
8. Architectural Renderings
60
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING GENERAL PLAN AMENDMENT 11-01 TO
REDESIGNATE 0.75 ACRES LOCATED ON THE WEST SIDE MOUNT
VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH OF
BARTON ROAD FROM OFFICE PROFESSIONAL TO BRSP-VC
WHEREAS, Evergreen DevCo, Inc., represented by Katie Rounds, has applied
for the approval of General Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01,
and Specific Plan Amendment (SPA) 11-01 to amend the designations on northerly 0.75
acres by amending the General Plan land use designation from Office Commercial to
General Commercial, change the zoning classification from Administrative Professional,
to BRSP-Village Commercial, and amend the boundaries of the, Barton Road Specific
Plan to include the northerly 0.75 acres of the site in the Specific Plan.
WHEREAS, concurrent applications filed include Site and Architectural Review
(SA) 11-02, Tentative Parcel Map 11-01 (Tentative Map No. 19131), Sign 'Program 11-
02, to re-subdivide approximately 3.6 acres into four lots and develop, in two Phases, a
37,700"square foot commercial center with 1,800 square feet of outdoor seating. The
Sign Program establishes the sign standards for the commercial center.
WHEREAS, an environmental Initial Study was prepared for the Project pursuant
to the California Environmental Quality Act (CEQA), which was circulated for public
review from June 13, 2011 to July 12, 2011. The Initial Study determined that the
project would not have a significant effect on the environment because mitigation
measures have been incorporated into the project to reduce all potential impacts to
insignificant.
WHEREAS, on July 14, 2011, the Planning Commission conducted a duly
noticed public hearing on the Project at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on
said date by voting 4-0 approving Site and Architectural Review- 11-02 and Sign
Program 11-02, and recommending City Council approval of General Plan Amendment
11-01.
WHEREAS, on July 26, 2011, the City Council conducted a duly noticed public
hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and concluded the hearing on said date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace:
1. The City Council hereby finds that, based on the Initial Study, the public hearing,
62
i
and substantial evidence in the record, the Project will not have a significant
effect on the environment because all potential environmental impacts have been
mitigated to a level of non-significance through the incorporation of mitigation
measures in the Project approval. The Mitigated Negative Declaration has been
reviewed and considered and reflects the. independent judgment of the City
Council.
2. The City Council finds as follows with respect to General Plan Amendment 11-
01:
a. The General Plan Amendment promotes the Grand Terrace General Plan
and each element thereof, and leaves the General Plan a compatible,
integrated and internally consistent statement of goals and policies
because the proposed amendment conforms to Land Use Element Goal
2.3 to provide a wide range of retail and service commercial opportunities
designed to meet the needs of the City's residents, businesses, and
visitors while also providing employment opportunities and with Public
Services Goal. 7.1 to coordinate and balance the provision of public
services with planned development because the site can be served by'
existing public services and utilities.
b. The General Plan Amendment is consistent with key objectives of the
General Plan to promote new commercial development that will capitalize
on the City's proximity to major transportation corridors and to provide for
balanced growth, which seeks to provide opportunities for a wide range of
employment and housing and the maintenance of a healthy diversified
economy; and consistent with the intent of the General Commercial
designation provides for general commercial uses to serve the retail and
service needs of the community.
C. Adoption of this General Plan Amendment will not be in conflict with
Section 65358 (b) of the Government Code relating to the number of
amendments permitted per year, because this amendment is the first
amendment of calendar year 2011.
3. Based on the findings and conclusions set forth in paragraphs 1 and 2 above, this
Council hereby adopts the Mitigated Negative Declaration and approves General
Plan Amendment 11-01 to amend the General Plan Land Use Map by amending
the Land Use designation on property shown on the attached Exhibit 1 from
Office Commercial (OC) to General Commercial (GC).
Page 2 of 4
63
PASSED AND ADOPTED by the City Council of the City of Grand Terrace,
California, at a meeting held on the 26t' day of July, 2011:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Mesa Walt Stanckiewitz
City Clerk Mayor
Page 3 of 4
64•
Exhibit 1
. . . . . . . . . . .
General Plan Land Use Map
Proposed Change
to ..ftpused Change
General Commercial z
Pmposed Charge In
General Cornmem
31 C3hoar Ofte Commercial
DfflcecurmcerClal
Genus ccnwnffc:al
mean Denz4 ReSICIEM119
Law DensqReEftlerM
Pumc
4N
I H,1111, I,
Page 4 of 4
65
r'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING ZONE CHANGE 11-01 TO AMEND THE ZONING
MAP BY RE-ZONING 0.75 ACRES LOCATED ON THE WEST SIDE OF
MOUNT VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH OF
BARTON ROAD FROM ADMINISTRATIVE PROFESSIONAL TO BRSP-
VILLAGE COMMERCIAL
WHEREAS, Evergreen. DevCo, Inc., represented by Katie Rounds, has applied
for the approval of General Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01,
and Specific Plan Amendment (SPA) 11-01 to amend the designations on northerly 0.75
acres by amending the General Plan land use designation from Office Commercial to
General Commercial, change the zoning classification from Administrative Professional,
to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific
Plan to include the northerly 0.75 acres of the site in the Specific Plan.
WHEREAS, concurrent applications. filed include Site and Architectural Review
(SA) 11-02, Tentative Parcel Map 11-01 .(Tentative Map No. 19131), Sign Program 11-
02, to re-subdivide approximately 3.6 acres into four lots and develop, in two Phases, a
37,700 square foot commercial ,center with 1,800 square feet of outdoor seating. The
Sign Program establishes the sign standards for the commercial center.
WHEREAS, an environmental Initial Study was prepared for the Project pursuant
to the California Environmental Quality Act (CEQA), which was circulated for public
review from June 13, 2011 to July 12, 2011. The Initial Study determined that the
project would not have a significant effect on the environment because mitigation
measures have been incorporated into the project to reduce all potential impacts to
insignificant.
WHEREAS, on July 14, 2011, the Planning Commission conducted a duly
noticed public hearing on the Project at the.Grand Terrace Council Chambers located at
22795 Barton Road; Grand Terrace, California 92313 and concluded the hearing on
said date by voting +0 approving Site and Architectural Review 11-02 and Sign
Program 11-02, and recommending City.Council approval of Zone Change 11-01.
. WHEREAS, on July 26, 2011, the City Council conducted a duly noticed public
hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and conducted second reading on-August 9,
2011.
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
Page 1 of 4
67
SECTION J., The City Council hereby finds that, based on the Initial Study, the
public hearing, and substantial evidence in the record, the Project will not have a
significant effect on the environment because all potential environmental impacts have
been mitigated to a level of non-significance through the incorporation of mitigation
measures in the Project approval. The Mitigated Negative Declaration has been
reviewed and considered and reflects the independent judgment of the City Council.
SECTION 2. The proposed amendment 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 amendment or be injurious to property or improvements
in the neighborhood or within the city because the re-designation permits the same level
of commercial development as the existing designation. The zone change will allow the
development of a cohesive commercial center under one zoning classification, subject
to one set of development standards, and subject to specific conditions of approval.
SECTION 3. The proposed amendment will be consistent with the latest adopted
General Plan. The Zone Change to BRSP-VC would permit a variety of village
commercial uses such drug stores, markets, .cafes, bakeries, gift shops, bookstores,
food and restaurant uses, and other similar commercial retail uses. The proposed re-
zoning will allow.for the ultimate development of a village commercial center consistent,
with the intent of the proposed GC General Plan land use designation to provide for
general commercial uses that would serve the retail and service needs of the
community.
SECTION 4. The Council hereby adopts the Mitigated Negative Declaration and
adopts Zone Change 11-01 to amend the Zoning Map by re-zoning the property shown f
on Exhibit 1, attached hereto, from Administrative Professional (AP) to Barton Road
Specific Plan-Village Commercial (BRSP-VC).
SECTION 5. 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 6. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 7. First read at a regular meeting of the City Council held on the 26tn
day,of July, 2011 and finally adopted and ordered posted at a regular meeting of said
City Council on the 26t' day of July, 2011.
ATTEST:
City Clerk Mayor
Page 2 of 4
68
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the city
Council of the City of Grand Terrace held on the 26t' day of July, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
Page 3 of 4
69
-15 7 7n
CCb
Ry
Hill
Li
V
XQ
'IN
46
1
............
ou u
Attachment 3
Ordinance
Specific Plan Amendment 11-01
71
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING SPECIFIC PLAN AMENDMENT 11-01 TO
INCORPORATE 0.75 ACRES LOCATED ON THE WEST SIDE OF MOUNT
VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH OF
BARTON ROAD INTO THE BARTON ROAD SPECIFIC PLAN
WHEREAS, ,Evergreen DevCo, Inc., represented by Katie Rounds, has applied
for the approval of General Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01,
and Specific Plan Amendment (SPA) 11-01 to amend the designations on northerly 0.75
acres by amending the General Plan land use designation from Office Commercial to
General Commercial, change the zoning classification from Administrative Professional,
to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific
Plan to include the northerly 0.75 acres of the site in the Specific Plan.
WHEREAS, concurrent applications filed include Site and Architectural Review
(SA) 11-02, Tentative Parcel Map 11-01 (Tentative Map No. 19131), Sign Program 11-
02, to re-subdivide approximately 3.6 acres into four lots and develop, in two Phases, a
37,700 square foot commercial center.with 1,800 square feet of outdoor seating. The
Sign Program establishes the sign standards for the commercial center.
WHEREAS, an environmental Initial Study was prepared for the Project pursuant
to the California Environmental Quality Act (CEQA), which was circulated for public
review from June 13, 2011 to July 12, 2011. The Initial Study determined that the
project would not have. a significant effect on the environment because mitigation
measures have been incorporated into the project to reduce all potential impacts to
insignificant.
WHEREAS, on July 14, 2011, the Planning Commission conducted a duly
noticed public hearing on the Project at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on
said date by voting 4-0 approving Site and Architectural Review 11-02 and Sign
Program 11-02, and recommending City Council approval of Specific Plan Amendment
11-01.
WHEREAS, on July 26, 2011, the City Council conducted a duly noticed public
hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and conducted second reading on August 9,
2011.
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, based on the Initial Study, the
Page 1 of 11
72
public hearing, and substantial evidence in .the record, the Project will not have a
significant effect on the environment because all potential environmental impacts have
been mitigated to a level of non-significance through the incorporation of mitigation
measures in the Project approval. The Mitigated Negative Declaration has been
reviewed and considered and reflects the independent judgment of the City Council.
SECTION 2. The proposed amendment to consistent with the adopted Barton
Road Specific Plan. The proposed Amendment to incorporate the 0.75-acre site into
the BRSP and zone it BRSP-VC is consistent with Land Use/Economic objectives of the
BRSP to maximize the economic position of the BRSP by promoting sales tax-
generating uses because commercial-retail uses will be developed on the site; and the
design promotes Land Use/Economic objectives to promote a distinctive commercial
cluster rather than strip commercial.
SECTION 3. The proposed amendment will be consistent with the latest adopted
'General Plan. The inclusion of the 0.75-acre site into the BRSP will allow for the
ultimate development of a cohesive village commercial center consistent with the intent
of the proposed GC General Plan land use designation to provide for general
commercial uses that would serve the retail and service needs of the community, and is
consistent with General Plan Amendment 110-1.
SECTION 4. The proposed amendment 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 amendment or be injurious to property or improvements
in the neighborhood or within the city because the incorporation of the 0.75 acres into
the BRSP will allow the development of a cohesive commercial center under one zoning
classification, subject to one set of development standards, and subject to. specific
- conditions of approval.
SECTION 5. The Council hereby adopts the Mitigated Negative Declaration and
adopts Specific Plan Amendment 11-01 to amend the Barton Road Specific Plan as
shown on the Exhibits 1 a through 1 h, attached hereto.
SECTION 6. 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 7. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 26tn
day of July, 2011 and finally adopted and ordered posted at a regular meeting of said
City Council on the 26th day of July, 2011.
Page 2 of 11
73
ATTEST:
City Clerk Mayor
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of, the city
Council of the City of Grand Terrace held on the 26th day of July, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
Page 3 of 11
74
Exhibit 1 a
Specif* ic Plan Area Map
CwOf Barton toad Specific Plan
Grand Terrace
Proposed.boundarycErarige.
m an
Planning Area:
M Spedfic Plan Area
Comm=&jDm pnsd -**2011.
This map is for ref mom miy_For Maled tnt mmbo m pWasecamuftw4di the Ce maunityUembpmadDepa went
Page 4 of 11
75
Exhibit 1 b
Existing Land, Use Map AN � .
City of Barton Road Specific Plan
tm►d rwmce
Propc�sed.la�undary lfiange:;
" Et_'
Planning Area:
MSpecific Plan Area
® Law Density Residential
EEO Medium Density Residential
Public!Ir>-Jjh1tiulal
Vacant Land
Office Corrneraal
General Commercial
CmmwMrDwekmff*1Desafnent JuIV2011.
Page 5 of 11
76
Exhibit 1 c
" Planning Area MapA
Oi of Barton Road Specific Plan N
ly
Grand Terrace
Proposed bwncry&mge:
PLANNING
IfIII AREA3
PLAN7%TVG PLANNING
AREA I AREA 2 Planning Area:
Speafic Plan Area
- ® Planing Areal .
Ccffnwn yDevebpnmtDepwtnenk JulyMI1. j
Rlannirut Ama?
Page 6 of 11
77
Exhibit 1 d
ZoningMaP
Ali
City of Barton Road Specific Plan
Grand Terrace
Proposes`:`""""ry`:!a"W_:
(APD�tif MST1Z4T1�)A PROFESSIONAL
PLAN12N VG.4RE4 3
u
(GC)GEVERAL (VC)VILLAGE
COMMERCUL CO'l MERCL4L
PL.411r�1WGARE.4 1(P.A.1) FL.4N11� NIGAREA 2(P.A.2) Planning Area:
= Specific Plan Area
® (GC)General Commercial(PA1)
C=mmayDewbpaerdDepw6mmt,Ady2011.�mpisTarefL o*,For�aied6 lion,pkwecrossdtvAhtheCmtyDedopmertDepatrmmt (VC)Village Commercial(P_ 2)
(AP)Administrative
Page 7 of 11
76
Exhibit 1 e
.existing Transportation MaPA N
City of Barton Road Specific Plan
P
Grand Teffac_q a-
Prop bW boundaryichancw
TFHTt
women .0mommammuml
Ilum Wm
a Road Ways
v Q Specific Plan Area
i
mango Major Highway.
m e®d Modified Major Highway
c--mzd*oe.op—t o July MI r. Secondary Highway
n,6 n3p scar reference Daly.For derated m bnm&m page ooradt mM ft Cmwwd r Dewbpm m Depmbws t Collector
Local Sheet
f
Page 8 of 11
79
Exhibit 1 f
t1t�.
Existing Water Line Map
City of Barton Road Specific Plan AN
Grand Terrace 1a
W Proposed boundary change:
/ w
12, ,
24
01 L 1 m� -
m iD ,::.
Water Line Diagram
1.:..
{ � Specific Plan Area
Water Line
Cms Ay Develapt—nd Depaiment JWy 2011.
This aW is fa refewme ady.Fv detaled hkffratm,Please consult with the CmuTwity Dmekppum t Depatment
Page 9 of 11
80
Exhibit 1 g
c�rr
Existing Sewer Line Map
city of Barton Road Specific Plan
Grand Terrace
s -
w
Proposed twilnd�y change. . ' + 1
' 1
Ti — — - - - - - - - - - - — T — - - -+ — — —�
a UZ Sewer Line Diagram
Specific Plan Area
i Sexer Line
Ca Tvnm ty DeMopment Department My 2011.
This mv is far rekqum ady.Far det Wed inh mtii6m,please tamale Wth 0:e Ca mm*Deuebpff*m Depahrea
Page 10 of 11
81
Exhibit 1 h
ExistingStorin Drain Map
- � AN.-
City of Barton Road Specific Plan
Grand Terrace
A Proposed boundary change:
27•
,
'e<'' f •,4 1
24• �_ v� fll� 111�ID
z Storm Drain Diagram
0 Specific Plan Area
f Storm Drain C.M.P.
Storm Drain R.C.P-
Coemmity Dwebpnem Department duly 2011.
TKs mV iskr referema a*.For detared inf maffum phase consstt with use Ca nffurdy DevekVrereDepaurent _
Page 11 of 11
82
Attachment 4
Resolution of Approval
Tentative Parcel Map 11-0 1
83
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING TENTATIVE PARCEL MAP 11-01 (TENTATIVE
PARCEL MAP NO. 19131) TO CONSOLIDATE NINE LOTS AND
RESUBDIVIDE THEM INTO FOUR NEW PARCELS LOCATED AT THE
NORTHWEST CORNER OF BARTON ROAD AND MOUNT VERNON
AVENUE
WHEREAS, Evergreen DevCo, Inc., represented by Katie Rounds, has
submitted applications for Site and Architectural Review (SA) 11-02, Tentative Parcel
Map 11-01 (Tentative Map No. 19131), Sign Program 11-02, General Plan Amendment
(GPA) 11-01, Zone Change (ZC) 1.1-01, and Specific Plan Amendment (SPA) 11-0 1 to
resubdivide approximately 3.6 acres into four lots and develop, in two Phases, a 37,700
square foot commercial center with 1,800 square feet of outdoor seating. Phase 1
includes grading the entire site and construction of a 14,820 square foot Walgreens
drug store, re-fagade of the existing 6,900 square foot building and site improvements.
Phase 2 includes the construction of a 10,581 square foot grocery store, a 5,400 square
restaurant/retail pad building, and remaining site improvements. -The Sign Program
establishes the sign standards for the commercial center.
WHEREAS, the concurrent GPA, ZC and SPA applications propose to amend
the designations on northerly 0.75 acres by amending the General Plan land use
designation from Office Commercial to General Commercial, change the zoning
classification from Administrative Professional, to BRSP-Village Commercial, and
amend the boundaries of the Barton Road Specific Plan to include the northerly 0.75
acres of the site into the Specific Plan.
WHEREAS, the Applicant has applied for approval of Tentative Parcel Map 11-
01 (TPM No. 19131), which contemplates the re-subdivision of nine existing lots into
four new parcels.
WHEREAS, an environmental Initial Study was prepared for the Project pursuant
to the California Environmental Quality Act (CEQA), which was circulated for public
review from June 13, 2011 to July 12, 2011. The Initial Study determined that the
project would not have a significant effect on the environment because mitigation
measures have been incorporated into the project to reduce all potential impacts to
insignificant levels.
WHEREAS, on July 14, 2011, the Planning Commission conducted a duly
noticed public hearing on the Project at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing by
voting 4-0 approving Site and Architectural Review 11-02 and Sign Program 11-02, and
recommending City Council approval of Tentative Parcel Map 11701.
Page 1 of 8
84
WHEREAS, on July 26, 2011, the City Council conducted a duly noticed public
hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313, and concluded the hearing on said date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace:
1. The City Council finds that, based on the Initial Study, the public hearing, and
substantial evidence in the record, the Project will not have a significant effect on
the environment because all potential environmental impacts have been
mitigated to a level of non-significance through the incorporation of mitigation
measures in the Project approval. The Mitigated Negative Declaration and
Mitigation Monitoring Plan prepared in connection with the Project have been
reviewed and considered .and reflect the independent judgment of the City
Council.
2. The City Council finds as follows with respect Tentative Parcel Map 11-01 (TPM
No. 19131):
a. The proposed subdivision is consistent with the City of Grand Terrace
General Plan, Zoning Code and any applicable specific plan for the area.
The subdivision re-subdivides nine small parcels into four viable parcels
for the development of a village commercial center in compliance with the
General Commercial Land Use designation, and the intended land uses of
the BRSP-VC and zoning designation.
b. The design or improvement of the proposed subdivision is consistent with
the City of Grand Terrace General Plan and any applicable specific plan
for the area. The design and improvements are consistent with the
General Plan, BRSP, Development Code and the California Subdivision
Map Act. The proposed-map, its design and improvements are consistent
with the requirements of the BRSP regarding lot assembly, street frontage,
shared access points and reciprocal access and parking. It conforms to
the development standards of the Zoning Code. The subdivision conforms
with the Circulation Element because the subdivider has been conditioned
to dedicate and improve additional right-of-way along Project frontages. It
complies with the Open Space and Conservation Element because the
tentative map'meets or will be required to meet federal, state and local
regulations governing grading, erosion control, water quality, and cultural
resources.
C. The site is physically suitable for the type and proposed density of
development proposed by the tentative map. The tentative map has been
Page 2of8
85
filed with SA 11-02 and the site plan demonstrates that the proposed
parcels can accommodate anticipated development of the 3.6-acre site,
including compliance with .building setbacks, building and landscaping
coverage requirements, in accordance with the BRSP and Zoning Code.
d. The design of the subdivision and proposed improvements are not likely to
cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat. An environmental Initial Study was
prepared, which determined that the project would. not have a significant
effect on the environment because mitigation measures have been
incorporated into the project to .reduce potential impacts to biological
resources (nesting birds) to insignificant levels.
e. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems. The subdivision can
accommodate anticipated development of the site and mitigation
measures have been incorporated into the project to reduce potential
environmental impacts to levels of insignificance.
f. The design of the subdivision provides for future passive or natural
heating and cooling opportunities in the subdivision to the extent feasible.
The subdivision design provides, to the extent feasible, for passive or
natural heating .or cooling opportunities. The proposed parcels are of
sufficient size to orient structures to take advantage of solar exposure
during the winter months, and are of sufficient size to accommodate
landscape materials include trees that will provide shading during the
summer months.
g. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through
or use of property within the proposed subdivision, or the design of the
alternate easements which are substantially equivalent to those previously
acquired by the public will not be provided. The subdivision design and
improvements include the re-location of existing water and sewer line
easements and.infrastructure that are equivalent to existing easements.
h. In approving the subdivision the approving authority has considered its
effects and the effects of adopted ordinances and actions relating to the
review and approval of subdivisions on the housing needs of the region
and balanced those needs against the public service needs of its residents
and available fiscal and environmental. The commercial subdivision will
not impact the City's housing needs.
BE IT FURTHER RESOLVED THAT based on the findings and conclusions set forth in
paragraphs 1, 2, and 3 above, this Council adopts the Mitigated Negative Declaration
and approves Tentative Parcel Map 11-01 (Tentative Parcel Map No. 19131), subject to
the following conditions of approval:
Page 3of8
86
General Conditions of Approval:
1. This approval is granted based on the 'application materials submitted by
Evergreen Devco, Inc., represented by Katie Rounds, on March 30, 2011,
including the tentative parcel map dated December 11, 2008, as revised on
June 28, 2011. All plans shall be consistent in terms of property lines,
easement location and dimensions and other measurements.
2. This approval shall expire twenty-four (24) months from the date of adoption of
this resolution. This approval shall become null and void if a final map has not
been timely filed prior to the expiration date in accordance with the provisions of
the Subdivision Map Act. An extension of time may be granted by the
Community and Economic Development Director upon submittal of a time
extension request and appropriate filing fees. In granting any such time
extension the City may impose new conditions and standards on the tentative
map, pursuant to Section 66452.6(e) of the California Government Code.
3. The applicant shall defend, indemnify, and hold harmless the City of Grand
Terrace and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of Grand Terrace, its officers, employees,
or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of Grand Terrace concerning this project, including but not
limited to any approval or condition of approval of the Planning Commission, .
City Council or Community and Economic Development Director, which action is
brought within the time period provided for in Government Code Section
66499.37. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose
its own attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
4. Details shown on .the tentative tract map are not necessarily approved. Any
details which are inconsistent with requirements of state and local ordinances,
conditions of approval, or City policies must be specifically approved in the final
map or improvement plan approvals.
5. In the event that-exhibits and written conditions are inconsistent, the written
conditions shall prevail.
6. Upon approval of these conditions and prior to becoming final and binding, the
applicant .must sign and return an "Acceptance of Conditions" form. The form
and content shall be prepared by the Community and Economic Development
Department.
Page 4of8
87
7. The applicant shall comply with all requirements of the Director of Building and
Safety/Public Works, including the conditions of approval contained in the
Director's memorandum dated May 11, 2011, attached hereto as Exhibit 1.
8. The applicant shall comply with all requirements of the San Bernardino County
Fire Department, Office of the Fire Marshal Community Safety Division,
including the conditions of approval contained in their letter dated May 5, 2011,
attached hereto attached hereto as Exhibit 2.
9. The applicant shall comply with the Mitigation Monitoring .Plan prepared for the
project, attached hereto as Exhibit 3.
Conditions Prior to Final Map Approval:
10. The Subdivider shall comply with all applicable local and state regulations
governing preparation and acceptance' of the final map, including the
requirements for all bonds, deposits and/or securities required by the
Subdivision Map Act.
11. A final parcel map prepared by, or under the direction of a registered civil
engineer authorized to practice land surveying, or a licensed land surveyor,
must be processed through the City prior to being . filed with the County
Recorder.
12. The applicant shall submit a preliminary title report and subdivision guarantee
showing all fee interest holders, all interest holders whose interest could ripen'
into a fee, all trust deeds, together with the names of the trustee and all
easement holders. The account for this title report shall remain open until the
final parcel map is filed with the County Recorder. No easements shall be
granted and recorded until after the final map is recorded, unless approved by
the City Engineer and subordinated to any City easements by a certification
upon the title sheet of the final map, prior to the grant.
13. The applicant shall incorporate into the project design all existing easements
within the project boundaries. In the case where easements are proposed to be
abandoned, the applicant shall obtain abandonment of said easements from the
affected easement holder(s). If this requirement cannot be accomplished, the
project shall be redesigned accordingly and as approved by the City.
14. Easements for all on-site facilities, public and private, shall be reviewed and
approved by the City Engineer prior to recordation. Such easements may
include, but are not limited to, sewer, water, electric, gas, telephone, storm
drains, detention basins, and landscaping.
15. Pay all required fees for the processing and approval of the final tract map.
Page 5 of 8
88
16. Prior to final map approval; all on-site and off-site curbs, gutters, paving, street
lights, sewer laterals, water services, utilities, grading, storm drain
improvements shall be installed or sufficient surety shall be posted to the
satisfaction of the City to guarantee their.installation.
17. Prior to final map approval, plans a 'd specifications for the water system
facilities shall be submitted for approval to the Riverside Highland Water
Company. The subdivider shall submit an agreement and other evidence,
satisfactory to the City, indicating that the subdivider has entered into a contract
with the water purveyor guaranteeing payment and installation of the water
improvements.
18. Prior to the final map approval, there sh 311 also be filed with the City Engineer, a
statement from the water purveyor'inc icating subdivider compliance with the
Fire Department's fire flow requirements.
19. Improvement plans for utility connecti ns and services, including water, fire
hydrant and/or fire sprinklers, sewer, torm drain, gas, electric, phone, and .
television., shall be submitted to and approved by the City.
20. Access rights shall be granted to the City for the purpose of allowing access
over private drives within the development for all City vehicles, including police,
fire, and other emergency vehicles. The document(s) recording this access
shall be prepared by the applicant for review and approval by the City Engineer,
prior to recordation.
21. The applicant shall record an easement over Parcels 1, 2, 3, and 4 proposed
within Tentative Parcel Map 11-02 for proposed reciprocal drainage, access,
sewer, and parking crossing lot lines. Prior to recordation, easement
documents shall be submitted to the City Engineer for review and approval.
22. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's)
for the commercial center and submit the CC&R's to the City for review and
approval. The CC&R's shall include provisions for the maintenance of common
area improvements including landscaping, perimeter fencing, infrastructure
improvements, and parking areas; and structural BMP's identified in the WQMP.
The CC&R's shall be recorded concurrently with the Final Map, and the
applicant shall be responsible for all City Attorney costs regarding review of said
CC&R's.
23. All perimeter walls and retaining walls shall be decorative, which may include
the incorporation of stucco, split-face block, stone veneer and/or other materials
that match the colors and materials of the project. The retaining wall shall
incorporate additional architectural interest.
24. The following intersection improvements shall be constructed:
Page 6of8
89
a. Improve the intersection of Project Access 1 (NS) at Barton Road (EW)
shall be improved to provide the following geometrics:
L Northbound: N/A
ii. Southbound: one shared left-turn and right-turn lane
iii. Eastbound: one left-turn lane, two through lanes
iv: Westbound: one through lane, one shared through and right-turn'
lane
b. Improve the intersection of Project Access 2 (NS) at Barton Road (EW)
shall be improved to provide the following geometrics:
L Northbound: N/A
H. Southbound: one right-turn lane
iii. Eastbound: two through lanes
iv. Westbound: one through lane, one shared through and right-turn
lane
C. The intersection of Project Access 3 (NS) at Barton Road (EW) shall be
improved to provide the following geometrics
L Northbound: one left-turn lane, two through lanes
ii. Southbound: one through lane, one shared through and right-turn
lane
iii. Eastbound: one shared left-turn and right-turn lane
iv. Westbound: N/A
Conditions after Final Map Approval:
25. Final map shall be filed with the County Recorder and one (1) Mylar copy of the
filed map shall be submitted to the City offices prior to the issuance of any
building permits.
26. Corner monuments indicating the new property corners shall. be set in
accordance with the Subdivision Map Act, and to the satisfaction of the City
Engineer. Appropriate documentation that the monuments have been set must
be submitted to the City Engineer.
27. Construction and operational activities associated with the project shall comply
with the regulations of the City's Noise Ordinance, Chapter 8.108 of the Grand
Terrace Municipal Code.
28. The project shall be constructed in accordance with all the approved plans and
conditions of approval, including but not limited to site plans, grading plans, wall
plans, and building elevations.
Page 7 of 8
90
29. The applicant shall maintain the Project site and perimeter boundary and
retaining walls in good condition at all times, including the prompt removal of
graffiti.
PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California,
at a meeting held on the 26t' of July, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Mesa Walt Stanckiewitz
City Clerk Mayor
Page 8 of 8
91
Exhibit 1
Building and Safety/Public Works Department Conditions of Approval
Date: May 11, 2011
Applicant: Barton Circle, LLC. Dr. Robert Ha
Site Location: Northwest Corner of Barton Road and Mount Vernon Avenue.
Barton Plaza Development Project
W.O. # 12-8-5450, SA 11-02, TPM 11-01, TPM 19131
Provide four (4) construction plans and information for review of the proposed project.
Below is a list of the plans and documents needed for plan review. The initial plan
review usually will take three weeks on most projects. You have received work order
number 12-8.5450, for. the proposed project. This number will be needed to obtain
information regarding your plan review. A plan review fee and permit fee will be
charged at the time plans are approved and are ready to issue.
Provide the following sets of plans and documents for the proposed project.
Public Works/Engineering submittal's required at first plan review.
(2) Parcel Map 19131, see attached checklist for submittal requirements.
(2) Title Reports _
(1) Grant Deed showing all easements
(2) Street Utility Plans
(1) Street Water Plans.
(2) Street Sewer Plans.
(2) Storm Water Plans
(1) Dedications of right of way prepared by a licensed Civil Engineer.
(2) Street improvement plans prepared by a licensed Civil Engineer.
(2) Proposed utility easement documents-
Building and Safety submittal's required at first plan review for each building.
(4) Architectural Plans
(4) Structural Plans
(2) Structural Calculations
(4) Plot/Site Plans
(4) Electrical Plans
(4) Electrical Load Calculations
(4) Plumbing Plans/Isometrics, Water, Sewer and Gas
(4) Mechanical Plans
(4) Mechanical Duct Layout Plans
(2) Roof and Floor Truss Plans
1
92
(2) Title 24 Energy Calculations
(4) Precise Grading Plan
. (2) Water Quality Management Plan, (WQMP) and Erosion Control Plan
(2) Storm Water Pollution Prevention Plan, (SWPPP)
(2) Soils reports that include percolation information for any proposed storm water
facility.
Building & Safety/Public Works General Information
All structures shall be-designed in accordance with the 2010 California Building Code,
2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California
Electrical Code and the 2010 California Green Building Standards Code adopted by
the State of California and the City of Grand Terrace.
All construction work performed in the public right of way shall comply with the San
Bernardino County Public Works Standards and the City of Grand Terrace
Specifications for Construction Within Public Right of Way.
The Developer/Owner is responsible for the coordination of the final occupancy. The
Developer/Owner shall obtain clearances from each department and division prior to
requesting a final building inspection from Building & Safety. Each agency shall sign
the bottom of the Building & Safety Job.Card.
Building & Safety inspection requests and Public Works inspection requests can be
made twenty four (24) hours in advance for next day inspection. 'Please contact (909)
825-3825. You may also request inspections at the Building & Safety public counter.
All construction sites must be protected by a security fence and screening: The fencing
and screening shall be maintained at all times. The city right of way next to the
construction site shall be maintained, at all times to protect pedestrians. .
Toilet facilities shall be provided for construction workers. Toilet facilities shall be
maintained in a sanitary condition at all times. Construction toilet facilities of the non
sewer type shall conform at ANSI ZA.3.
All construction projects are required to divert at least sixty percent of the estimated
tonnage of construction and demolition materials generated. Sixty percent of the
estimated tonnage of construction materials shall not include any inert materials that are
disposed in an inert backfill site. The project will be -required to comply with Grand
Terrace Ordinance No. 243, see attached ordinance.
Construction projects which require temporary electrical power shall obtain an Electrical
Permit from Building & Safety. No temporary electrical power will be granted to a
project unless one of the following items is in place and approved by Building & Safety.
(A) Installation of a construction trailer. or,
2
93
(B) Security fenced and screened area where the electrical power Will be
located.
Installation of construction/sales trailers must be located on private property. No trailers
can be located in the public street right of way.
Construction vehicles and construction workers vehicles shall be parked on site at all
times. Work hours are from 7:00 am, to 7:00 pm, or sundown Monday through
Saturday. No construction shall be permitted on Sunday or national holidays.
Public Works and Engineering Conditions
1. The applicant shall pay all development impact fees prior to obtaining Grading
permits.
2. All on site utilities are required to be underground to all new proposed structures.
3. Performance, labor and materials bonds are required before work begins in the
public right of way.
4. All proposed public street improvements shall be designed by persons registered
and licensed pursuant to the Business and Professions Code.
5. The applicant shall dedicate and construct all missing and proposed public
improvements on Barton Road and Mount Vernon Avenue. The missing public
improvements shall include, but are not limited. to, pavement, curb, gutter,
sidewalk, driveway approach, corner ramps, cross gutters and street light and all
necessary right of way construction all of which shall be shown on the street
improvement plans.
6. Curb return radius at all entrances and exit driveways shall be set at 35—feet
minimum. The curb radius at the northwest corner of Britton Way and Mount
Vernon Avenue can be reduced to no less than 15 feet to accommodate a
disabled ramp, and a building structural column in this area if desired. Creative
disabled ramp designs can be proposed to allow for a greater radius above 15
foot on this corner. All traffic sight lines shall be checked against San Bernardino
County Transportation Department Standards.
7. Existing disabled ramp and radius on the northwest corner of Mount-Vernon and
Barton shall be upgraded to comply with current standards and ADA
requirements.
8. Street work performed on Mount Vernon Avenue will be required to incorporate
petromate underpavement prior to paving repairs. All street repairs and work in
3
94
the public right of way shall be in accordance with the City of Grand Terrace
Paving Policy.
9. Pursuant to the City of Grand Terrace Circulation Element, a median is required
on Barton Road from Mount Vernon Avenue west to the projects limits. The
median will be constructed with an opening west of the median to allow full
turning access in and out of the projects. westerly driveway. The City reserves
the right to study movements generated from the westerly driveway in the event
the City finds that this area has encounter vehicular movement problems.
10. Applicant shall make all necessary public right of way improvements as required
by the City Traffic Engineer.
11. Submit Tentative Parcel Map 19131, and all standard engineering conditions of
approval used by the City.
12. Submit utility alteration and utility easement plans and documents for review.
Building Permit Conditions
1. Prior to issuance of Building Permits, on site water service shall be installed and
approved by the responsible agency. On site Fire Hydrants shall be approved by
the Fire Department. No flammable materials will be allowed on the site until the
Fire Hydrants are established and approved.
2. Prior to issuance of permits, site grading and pad certifications shall be submitted
to Building & Safety. Prior to concrete placement; submit a certification for the
finish floor elevations and set backs of structures. The certification needs to
reflect that the structures are in conformance with the Precise Grading Plans.
Compaction reports shall accompany pad certifications.
3. Prior to issuance of building permits, provide a certificate from Colton Joint
Unified School District stating that all school fees have been paid.
4. Prior to issuance of building permits, provide Building & Safety with a will service
letter from Riverside Highland Water Company. (909) 825-4128.
5. Pay all required state storm water fees and provide copy of payment along with
the Notice of Intent prior to grading permits.
6. All construction projects shall comply with the National Pollutant Discharge
Elimination Systems (NPDES) and the current San Bernardino County MS-4
permit requirements.
4
95
A•-^�^ COUNTY OF SAN BERNDINO It 2
SAN BERNARDINO COUNTY ��" • e �+ PUBLIC AND SUPPORT
FIRE DEPARTMENT r
r" +# �� i SERVICES GROUP
OFFICE OF THE FIRE MARSHAL. `��+. MARK A.HART WIG
COMMUNITY SAFETY DIVISION Fire Chief
620 South"E"Street
San Bernardino,Ca.92415-0179
(909).386.8465-Fax(909)3864460 `� : •
DATE: May 5,2011 EXPIRATION: May 2012
EVERGREEN DEVC.O,INC.
2396 E CAMELBACK RD,STE 410
PHOENIX,AZ 85016-
PERMIT NUMBER: F201100228
PROJECT NUMBER:
LOCATION: NORTHWEST CORNER OF BARTON RD&MOUNT VERNON AVE
PROJECT TYPE: SPRM
YP
OCCUPANCY TE:
APN 0275-251-14-0000
PROPOSAL:.:
PLANNER: SANDRA MOLINA
Dear Applicant:.
With respect to the conditions of approval regarding the above referenced project,. the .San Bernardino County_ Fire;
Department.requires the following fire protection measures to be provided in accordance with applicable local ordinances,,
codes, and/or recognized fire protection standards.
The Fire Conditions.Attachment of this document,sets forth the FIRE CONDITIONS and.STANDARDS which are applied.to.
this-project.
FIRE,CONDIT/ONS: All FIRE CONDITIONS FOR THIS PROJECT ARE ATTACHED
REVISION.TO AN APPROVED.ACTION:
Page-_of .
Sincerely,
.Mar Anderson, Fire Prevention Specialist
San.Bernardino County Fire Department
Valley. Division Community Safety Division
Duty, Honor, Community
96
FIRE CONDITIONS ATTACHMENT
DATE* 65-05-2011
PROJECT:
PERMIT NUMBER` F201100228A
LOCATION: NORTHWEST CORNER OF' ¢ ,
BARTON RD$MOUNT VE
PARCEL 0275 251-14-0000.
CONDITIONS
Conti: F01
Jurisdiction. The above referenced project is under°the jurisdiiction:of the San Bernardino County
Fire;Department herein("Fire Department"),Prior to any construction occurring;on any parcel,the
-olicant.shall contact the:Fire.Department for`verification of current:fire protection
[U rements.All new construction:shall..comply with the current Uniform Fire Code requirements and
applicable statutes;codes,ordinances:and_standards ofthe Fire Department.[1701]
Cond: 170.5
Water System.. Prior to.any land disturbance,the water�systems shall be designed.to meetthe
required fire flow for this',development.and shall be approved by-the Fire Department.The required
fire.flow:shalf be determined.by using Appendix IItA�of the. riiform Fire Code::[F06]
Cond:.F05B
Fit& Iota Test.Your submittal did not include a flow.test report-to establish Whether the,public
water supply is capable of meeting your project fire fiow'demand:.You'will be required to either
p"roduce;:a current.tlowaest.report from yourwater purveyor demonstrating that the.'fre.flow`demand
is satisfied or you miust install an approved fire sprinkler system. This.requirement shall be
corholeted prior to cohibthation inspection by Building,and Safety. [F05B]
Card: F41
Access. The.development shall have a minimum of, potnts;of vehicular access.These:are for
fire%mergeocy equipment access and`for evacuation routes:Sfandard:9022.1
4 :gle.Story Road,Access Width:
All buildings shatl:haveaccess-.provided by approved'roads, alleys.and private.drive&With a.
minimum twenty six(26)foot unobstructed width and vertically`to'fourteen{1.4)feet six(6)inches
in height..Qther recognized standards may be:more.restrictive by;requiring Wider.access
provisions.
Multi-Story Road Access Width:
Butidings three(3}stories in height or more shall have a minimum access of thirty(30)feet
unobstructed width and vertically to fourteen(14)feet six(6)inches in height. [F41]
Cond: F54
Water System Commercial.A water system approved and'Inspected by the Fire Department it.required.
The system shall.be operational,prior to any combustibles being stored on the site.All fire
hydrants shall.be spaced no more than three.hundred-(300)feet apart(as.measured alo_ng vehicular
travel=ways)and no more than three hundred (300)feet from any portion of a structure. [F54],
Cond: F57
Water System Certification.The applicant shall provide the Fire.Department with a letter from the
serving water company;certifying that the'requieed water improvements have been made or that'the.
existing fire hydrants.and water system will meet distance and fire.flow requirements. Fire flow
water supply shall be in place prior to.placing.combustible materials on the job=site. [F57]
Cond: F59 '
Fire Sprinkler-NFPA#13.An automatic.fire sprinkler system complying with NFPA Pamphlet#13 and
Page. �, of 3
97
FiRE CONDITIONS ATTACHMENT
.DATE: . 05-05-2041 y ".
PROJECT:
PERMIT NUMBER: F20110:0228 LOci4TION:. NORTHWEST CORNLR.OF
BARTON Rb&MOUNT WE ,
PARCEL: 0273-251:-14-0000
the Fire Department standards is required.The applicant shall hire.a Fire Department approved fire
sprinkler contractor.The fire sprinkler contractor shall submit three(3)sets of detailed plans
to the Fire.Department for review and approval.The plans.(minimum 1/8"scale)shall Include
hydraulic calculations and.manufactures.specification sheets:The.contractor shall submit plans
shoving type of storage:and use with.the`applicable protection system:The required fees-shall be
paid-A!,the time-.of plan submittal:Standard 1.01.1 [F59]
Cortd: F62
Fire.Alafm.:An automatic monitoring fire alarm system complying.with the California Fire Code,NFPA
arid all applicable codes:is requited for 100 heads_or more:The applicant shall hire,a.Fire.,
Department approved fire alarm contractor..The fire alarm contractor shall submit three(3)sets of
detailed plans to the'Fire Departmentfor review and approval.The required fees shall be paid:at.
the,time of plan submittal: Standard 1007.,1.1FA..[F6,2]
Cond:F65,
Hood-And Duct Suppression.An automatic hood-and duct fire extinguishing,system,is required..A Fire
Department approved designer/installer shall submit three(3)sets:of detailed plans,(minimum vw
scale)with manufactures'specification shee.ts:tothe Fire Department for review.and.:approval..The
required feesshall be:paid at the:time of plan submittal: [F65].
Cond: F82.
Cofnrhbrcial Addressing.Commercial andl industrial developments of T00;01)0:sq:ft or less shall have
the street address installed on the building with numbers that are a minimum six(6)inches in
height and:vwdb a three quarter(3/4)inch stroke: street address°shall be visible from the
WOO. During the.hours of darkness,the numbers.'shall be electrically illuminated"(internal or. ,
external):Whefe.the building is two hundred(200)feet.or morefrom the roadway, additionaF
non-illuminated contrasting:six:(6)inch numbers shall be displayed at the property.access.
entrances.Standard 901.4.4.[F82]
Cond'.F85
Key°B.ox.Amapproved,Fire Department key box is:required.The key box shall-be provided with'a
tamper switch and.shall be.monitored by afire Department approved central monitoring service, In
commercial„industrial:and muf tRamily complexes,all swing gates:shalt.have an approved fire
department-Knox Lock: Standard 90.4[1785]
Cond:.F88
Fire`Extinguishers: Hand portable fire-extinguishers are:required.The location, type, and cabinet
design shall be approved by.the Fire Department:[F88]
Cgnd:_F93
Fire:Lanes:The applicant_shall submit a.fire.lane plan to the Fire Department for review.and
approval:Fire lane curbs.shall be painted red.The"No Parking,.Fire.Lane"signs shall be
installed on public/private roads in accordance.with the approved ptan..S.tandard 901.4[F93]
Cond:CON0016878
Vegetation management is to be provided to maintain twenty six feet width and a clear.height of
fourteen feet six inches.
Cond:CON0016879.
Any planned rooftop photovoltaic arrays requires a separate submittal to the Fire Department for
approval'.
Page . J of
9E
o,
a) MITIGATION MONITORING AND REPORTING PROGRAM
BARTON PLAZA
X EVERGREEN DEVCO, INC.
W
PAGE 1 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
/Initials Compliance
Aesthetics
AESTH-01: All exposed retaining and Community and Prior to Review of During Withhold
perimeter walls shall be decorative, Economic issuance of a grading plans construction grading
which may include the incorporation or Development grading permits permits
combination of stucco, split-face block, Director or and approval of and/or stop
stone veneer and/or other materials that designee landscape work order for
match the colors and materials of the plans grading
Project;and shall include the installation operations.
of landscape material along the west
boundary retaining wall to the
satisfaction of the Community and
Economic Development Department.
Air Quality
AQ-01: Vehicle Emissions-The Building Official Prior to Submittal of During Withhold
following measures are recommended to or designee issuance of a evidence on construction grading
further reduce vehicle emission impacts grading permit grading plans permits
during Project construction: that include and/or stop
a. Construction equipment shall be appropriate work order for
maintained in proper tune. measures to grading
b. Utilize gasoline or electricity-powered satisfy the operations.
equipment instead of diesel intent of this
equipment whenever possible. measure.
c. Suspend use of heavy construction
equipment during first stage smog
alerts. '
.1
O
O
S 1ITIGATION MONITORING AND `. 'ORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 2 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
Initials Compliance
d. All construction vehicles shall be
prohibited from excessive idling.
Excessive idling is defined as five
minutes or longer.
e. Encourage use of"clean diesel'
equipment if modified engines
(catalyst equipped or newer Moyer
Program retrofit)are available at a
reasonable cost.
AQ-02: Fugitive Dust Emissions and Building Official Prior to Submittal of During Withhold
Control--To reduce fugitive dust or designee issuance of a evidence on construction grading
emissions during construction, the use of grading permit grading plans permits
best available control measures (BACM) that include and/or stop
shall be implemented during grading,' appropriate work order for
including the following: measures to grading
a. Water all active construction areas satisfy the operations.
three times daily. intent of this
b. Cover all haul trucks or maintain at measure.
least 2 feet of freeboard.
c. Pave or apply water three times daily
to all unpaved parking or staging
areas.
d. Reduce speed on unpaved roads to
less than 15 mph.
e. Sweep or wash any site access
points within 30 minutes of any
visible dirt deposition on any public
roadway.
0
MITIGATION MONITORING AND REPORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 3 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Verified for Non-
Party Verification Verification Frequency y /Initials Compliance
f. Cover or water twice daily any on-
site stockpiles of debris, dirt or other
dusty material.
g. Suspend all operations on any
unpaved surface if winds exceed 25
mph.
h. Take measures to limit daily
disturbance area to 5 acres or less.
AQ-03 Off-Site Impacts--The following Building Official Prior to Submittal of During Withhold
measures are recommended to further or designee issuance of a evidence on construction grading
reduce construction-related air quality grading permit grading plans permits
impacts: that include and/or stop
a. Encourage car pooling for appropriate work order for
construction workers. measures to grading
b. Limit lane closures to off-peak travel satisfy the operations.
periods, when feasible. intent of this
measure
c. Park construction vehicles off
traveled roadways.
d. Wet down or cover dirt hauled off-
site.
e. Wash or sweep access points daily.
f. Encourage receipt of materials
during non-peak traffic hours,when
feasible.
g. Sand/gravel bag construction sites
for erosion control.
N
O
1TIGATION MONITORING AND I 'ORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 4 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
Initials Compliance
Biological Resources
BIO-01: Removal of existing on-site trees Building Official Prior to Submittal of During Withhold
must be conducted outside the avian or designee issuance of a evidence to construction. grading
nesting season (February through grading permit City that a nest permits
August). If construction occurs during the or other earth- survey(if and/or stop
avian nesting season, the Project moving activity required)has, work order for
applicant shall provide evidence to the been grading
City that a pre-construction nesting bird conducted and operations.
survey has been conducted within 7 days the inclusion in
prior to any ground disturbance activities. construction
If birds are found to be nesting inside or documents of
within 250 feet(500 feet for raptors)of the appropriate
area of constraint, the nest or nesting tree measures to
plus a 250-foot buffer must be flagged satisfy the
and avoided until it is determined by a intent of this
qualified biologist that active nesting no measure
longer is occurring.
Cultural Resources
CUL-01: In the event that a Community and Prior to Incorporation of During Issuance of a
paleontological, archeological, and/or Economic issuance of a MM CUL-01 on construction Stop Work
historical resource are uncovered during Development grading permit grading plan Order and/or
the course of the construction phase of Director or citation
the project, ground disturbing activities in designee
the vicinity of the find should be redirected
until the nature and extent of the find can
M
O
MITIGATION MONITORING AND REPORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 5 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Verified for Non-
Party Verification Verification Frequency
/Initials Compliance
CUL-01 Con't. be evaluated by a
qualified archaeologist and/or
paleontologist(as determined by the
City). Any such resource uncovered
during the course of project-related to
grading or construction shall be recorded
and/or removed per applicable City and/or
State regulations.
GEOLOGY
GEO-01 The design and construction of Building Official Prior to Review of Prior to Withhold
all structures and facilities, site grading or designee issuance of construction construction building
and soil preparation activities within the building permit documents permit
Project limits shall be in accordance with
the regulations and recommendations
established by the City of Grand Terrace,
applicable and appropriate measures
identified in the Uniform Building Code,
California Building Code and the site-
specific recommendations of the
geotechnical investigation prepared for
the proposed Project.
GREENHOUSE GAS EMISSIONS
GHG-01 The following measures are Building Official Prior to Submittal of During Withhold
recommended to further reduce vehicle or designee issuance of evidence on construction grading
emission impacts during Project grading permit grading plans permits
construction that include and/or stop
a. Construction equipment shall be appropriate work order for
maintained in proper tune. measures to grading
satisfy the operations.
intent of this
measure
v
0
r
ITIGATION MONITORING AND FORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 6 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
Initials Compliance
b. Utilize gasoline or electricity-powered
equipment instead of diesel
equipment whenever possible.
c. Suspend use of heavy construction
equipment during first stage smog
alerts.
d. All construction vehicles shall be
prohibited from excessive idling.
Excessive idling is defined as five
minutes or longer.
e. Encourage use of"clean diesel'
equipment-if modified engines
(catalyst equipped or newer Moyer
Program retrofit)are available at a
reasonable cost.
GHG-02 Encourage building construction Building Official Prior to Submittal of During Withhold
design to exceed the minimum statewide or designee issuance of evidence on construction building
energy requirements of Title 24; this may building permit building permits.
include but is not limited to: construction
a. Use of low emission water heaters plans that
include
b. Use of central air heating systems appropriate
c. Use of energy efficient appliances measures to
d. Use of increased insulation satisfy the
e. Use of energy-efficient parking lot intent of this
lights measure
f. Use of lighting controls and energy
efficient lighting.
Ln
0
MITIGATION MONITORING AND REPORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 7of10
Responsible Timing of Method of . Monitoring Date Sanctions
Mitigation Measure Verified for Non-
Party Verification Verification Frequency / Initials Compliance
NOISE
NOS-01: During all Project site Building Official Throughout On-site During grading Stop.-work
excavation and grading on site, the or designee construction inspection and construction order and/or
project contractors shall equip all activities citation
construction equipment,fixed or mobile,
with properly operating and maintained
mufflers consistent with manufacturers'
standards.
NOS-02: The Project contractor shall Building Official Throughout Show During grading Stop work
place all stationary construction or designee construction construction and construction order and/or
equipment so that emitted noise is staging area on activities citation
directed away from sensitive receptors site plan/On-
nearest the project site. site inspection
NOS-03: The construction contractor Building Official Throughout Show During grading Stop work
shall locate equipment staging, building or designee construction construction and construction order and/or
materials, and grading debris a minimum staging area on activities citation
of 50 feet from the west property line site plan /On-
-during all Project construction. site inspection
NOS-04: On-site construction activities Building Official Throughout On-site During grading Stop work
shall be restricted to the hours permitted or designee construction inspection and construction order and/or
under the City's Noise Ordinance.The activities citation
Noise Ordinance prohibits noise
associated with construction activities
between the hours of eight p.m. and
seven a.m. on weekdays, including
Saturday, or at any time on Sunday or a
national holiday.
NOS-05: A six-foot high shielding wall Building Official Prior to On-site Prior to Withhold
shall be constructed along the northwest or designee issuance of inspection occupancy certificate of
corner property line(adjacent to occupancy occupancy
residential units)and along the Market
Phase II loading dock.
- j: r
0
ITIGATION MONITORING AND 'ORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 8 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
/ Initials Compliance
NOS-06: Truck deliveries and loading Community and Ongoing On-site Ongoing Issuance of a
dock activity shall be limited to between Economic throughout inspection throughout citation
the hours of 7:00 AM to 9:00 PM. Development occupancy of occupancy of
Director, Code site site
Enforcement
NOS-07: Deliveries should limit their Community and Ongoing On-site Ongoing Issuance of a
engines to idle 5 minutes or less. Trucks Economic throughout inspection throughout citation
should be encouraged to turn off engines Development occupancy of occupancy of
once they reach loading dock Director, Code site site
destination. Enforcement
TRANSPORTATION
TRANS-01: Prior to the issuance of Building Official Prior to Evidence of the Prior to issuance Withhold
grading permits for Phase 1 of the or designee issuance of payment of of grading grading
Project, the Developer shall participate in grading permits impact fees permit and/or
a fair-share contribution, via the payment building
of Development Impact Fees,for the permit
construction of a southbound left turn
lane and an eastbound thru lane at the
1-215 Southbound Ramps and Barton
Road.
TRANS-02: Prior to the issuance of Building Official Prior to Evidence of the Prior to issuance Withhold
grading permits for Phase 1 of the or designee issuance of payment of of grading grading
Project, the Developer shall participate in grading permits impact fees permit and/or
a fair-share contribution, via the payment building
of Development Impact Fees,for the permit
construction of a northbound left-turn
lane and Michigan Street and Barton
Road.
0
MITIGATION MONITORING AND REPORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 9 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure Party Verification Verification Frequency Verified for Non-
q Y / Initials Compliance
TRANS-03: The Developer shall Building Official Prior to Acceptance of Prior to issuance Withhold
complete any remaining half-section or designee occupancy improvements of grading grading
street improvements along Mount Vernon by the City permit permit and/or
Avenue and Barton Road, directly building
adjacent to the Project boundaries. permit
TRANS-04: The Developer shall submit Building Official Prior to grading Site inspection Prior to issuance Withhold
a signing and striping plan prior to the or designee permit issuance and acceptance of grading grading
issuance of grading permits, and signing and prior to of improvements permit and prior permit or
and striping shall be completed prior to occupancy to occupancy occupancy
opening of Phase 1.
TRANS-05: Prior to the issuance of Building Official Prior to Acceptance of Prior to issuance Withhold
building permits for Phase 2 of the or designee occupancy improvements of grading grading
Project, the Developer shall implement by the City permit permit and/or
Mitigation Measures TRANS-01 through building
TRANS-05, if not already completed. permit
TRANS-06: Construct on-site circulation Building Official Prior to On-site Prior to Withhold
system per the detailed site plan, or designee occupancy inspection occupancy of occupancy
including the phasing plan. each Phase.
TRANS-07: Install stop signs, stop bars, Building Official Prior to On-site Prior to Withhold
and stop legends at all Project access or designee occupancy inspection occupancy of occupancy
points. each Phase.
TRANS-08: Install one (1) southbound Building Official Prior to On-site Prior to Withhold
left/right turn land and one (1)eastbound or designee occupancy inspection occupancy of occupancy
left turn lane at Project Access 1 at each Phase.
Barton Road.
TRANS-09: Install one (1)southbound Building Official Prior to On-site Prior to Withhold
right turn lane at Project Access 2 at or designee occupancy inspection occupancy of . occupancy
Barton Road. each Phase.
00
0
AITIGATION MONITORING AND`,. -PORTING PROGRAM
BARTON PLAZA
EVERGREEN DEVCO, INC.
PAGE 10 of 10
Responsible Timing of Method of Monitoring Date Sanctions
Mitigation Measure PartyVerification Verification Frequency Verified for Non-
q Y / Initials Compliance
TRANS-10: Install one (1)northbound Building Official Prior to On-site Prior to Withhold
left turn lane at Mount Vernon Avenue or designee occupancy inspection occupancy of occupancy
and Project Access 3. each Phase.
TRANS-11: Prior to the certificate of Building Official Prior to On-site Prior to Withhold
occupancy, the Developer shall or designee occupancy inspection occupancy of occupancy
implement Mitigation Measures TRANS-. each Phase.
05 through TRANS-10, if not already
completed.
Community and Economic Development Department
DRAFT MITIGATED NEGATIVE DECLARATION
CALIFORNIA
Date: June 9, 2011
Project Title: Barton Plaza (Site and Architectural Review 11-01, Tentative Parcel Map 11-
01, Sign Program 11-02, General Plan Amendment 11-01, Zone
Change/Specific Plan Amendment)
Project Location: Northwest corner of Barton Road and Mount Vernon Avenue, and northwest
corner of Britton Way and Mount Vernon Avenue (Assessor's Parcel Numbers
0275-251-14, 21 27, 30, 31, 32, 55, 73 and 74)
Description of Project: A proposal to develop, in two Phases, a commercial center made up of four
buildings totaling 37,700 square feet with 1,800 square feet of outdoor seating. Phase 1 includes
grading the entire site and construction of a Walgreens drug store, re-fagade of the existing building
and site improvements. Phase 2 includes the construction of the grocery store, restaurant/retail pad
building, and remaining site improvements. The General Plan and Zoning designations of the
northerly 0.75 acres are proposed to be amended as follows: amend the General Plan designation
from Office Commercial to General Commercial, change the Zoning from Administrative Professional
to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific Plan to include
the northerly 0.75 acres of the site into BRSP. A tentative parcel map and sign program are included.
Project Proponent: Evergreen Devco, Inc.
Lead Agency: City of Grand Terrace, Community and Economic Development Department
Contact Person: Sandra Molina, Senior Planner
(909)430-2218.
Public Hearing: Planning Commission -Thursday, July 14, 2011 at 6:30 P.M.
Environmental Finding: On the basis of'the Initial Study prepared for the project, it has been
determined that the project been modified to incorporate the mitigation measures listed below so that
it would not have a potentially significant effect on the environment. A copy of said Initial Study is
available for review from June 13, 2011 to July 12, 2011 at the} Community and Economic
Development Department, 22795 Barton Road, Grand Terrace, California 92313. This document
constitutes a Mitigated Negative Declaration.
AESTH-01: All exposed retaining and perimeter walls shall be decorative, which may include the
incorporation or combination of- stucco, split-face block, stone veneer and/or other
materials that match the colors and materials of the Project; and shall include the
installation of landscape material along the west boundary retaining wall to the
satisfaction of the Community and Economic Development Department.
AQ-01 Vehicle Emissions - The following measures are recommended to further reduce
vehicle emission impacts during Project construction:
a. Construction equipment shall be maintained in proper tune.
110
Mitigated Negative Declaration
Barton Plaza
Page 2 of 4
b. Utilize gasoline or-electricity-powered equipment instead of diesel equipment
whenever possible.
c. Suspend use of heavy construction equipment during first stage smog alerts.
d. All construction vehicles shall be prohibited from excessive idling. Excessive idling
is defined as five minutes or longer.
e. Encourage use of "clean diesel' equipment if modified engines (catalyst equipped
or newer Moyer Program retrofit) are available at a reasonable cost.
AQ-02 Fugitive Dust Emissions and Control - To reduce. fugitive dust emissions during
construction, the use of best available control measures (BACM) shall be implemented
during grading, including the following:
a. Water all active construction areas three times daily.
b. Cover all haul(trucks or maintain at least 2 feet of freeboard:
c. Pave or apply water three times daily to all unpaved parking or staging areas.
d. Reduce speed on unpaved roads to less than 15 mph.
e. Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
f. Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
g. Suspend all operations on any unpaved surface if winds exceed 25 mph.
h. Take measures to limit daily disturbance area to 5 acres or less.
AQ-03 Off-Site Impacts - The following measures are recommended to further reduce
construction-related air quality impacts:
a. Encourage car pooling for construction workers.
b. Limit lane closures to off-peak travel periods, when feasible.
c. Park construction vehicles off traveled roadways.
d. Wet down or cover-dirt hauled off-site.
e. Wash or sweep access points daily.
f. Encourage receipt of materials during non-peak traffic hours, when feasible.
g. Sand/gravel bag construction sites for erosion control.
BIO-01: 'Removal of existing on-site trees must be conducted outside the avian nestin season
-- - —(Fe rb uary f roug AugGiitty If construction occurs during the avian nesting season, the
Project applicant shall provide evidence to the City that a pre-construction nesting bird
survey has been conducted-within 7 days prior to any ground disturbance activities. If
birds are found to be nesting inside or within 250 feet (500 feet for raptors) of the area
of constraint, the nest or nesting tree plus a 250-foot buffer must be flagged and
avoided until it is determined by a qualified biologist that active nesting no longer is
occurring.
CUL-01 In the event that a paleontological, archeological, and/or historical .resource are
uncovered during the course of the construction phase of the project, ground disturbing
activities in the vicinity of the find should be redirected until the nature and extent of the
find can be evaluated by a qualified archaeologist and/or paleontologist (as determined
by the City). Any such resource uncovered during the course of project-related to
YAProject Files\SA 11-02 Barton Plaza\Environmental Review\MND Barton Plaza 6.9.2011.doc
111
Mitigated Negative Declaration .
Barton Plaza
Page 3 of 4
grading or construction-shall be recorded and/or removed per applicable City and/or
State regulations.
GEO-01 The design and construction of all structures and facilities,.,site grading and soil
preparation activities within the Project limits shall be in accordance with the
regulations and recommendations established by the City of Grand Terrace, applicable
and appropriate measures identified in the Uniform Building Code, California Building
Code and the site-specific recommendations of the geotechnical investigation prepared
for the proposed Project.
GHG-01 The following measures are recommended to further reduce vehicle emission impacts —
during Project construction
a. Construction equipment shall be maintained in proper tune.
b. Utilize gasoline or electricity-powered equipment instead of diesel equipment
whenever possible.
c. Suspend use of heavy construction equipment during first stage smog alerts.
d. All construction vehicles shall be prohibited from excessive idling. Excessive idling
is defined as five minutes or longer.
e. Encourage use of"clean diesel" equipment if modified engines (catalyst equipped
or newer Moyer Program retrofit)are available at a reasonable cost.
GHG-02 Encourage building construction design to exceed the minimum statewide energy
requirements of Title 24; this may include but is not limited to:
a. Use of low emission water heaters
b. Use of central air heating systems
c. Use of energy efficient appliances
d. Use of increased insulation
e. Use of energy-efficient parking lot lights
f. Use of lighting controls and energy efficient lighting.
NOS-01: During all Project site excavation and grading on site, the project contractors shall
equip all construction equipment, fixed, or mobile, with properly operating and
maintained mufflers consistent with manufacturers' standards.
-NOS-02: The Project contractor shall place all stationary construction equipment so that emitted
noise is directed away from sensitive receptors nearest the project site.
NOS-03: The construction contractor shall locate equipment staging, building materials, and
grading debris a minimum of 50 feet from the west property line during all Project
construction.
NOS-04: On-site construction activities shall be restricted to the hours permitted under the City's
Noise Ordinance. The Noise Ordinance prohibits noise associated with construction
activities between, the hours of eight p.m. and seven a.m. on weekdays, including
Saturday, or at any time on Sunday or a national holiday.
YAProject Files\SA 11-02 Barton Plaza\Environmental Review\MND Barton Plaza 6.9.2011.doc
112
Mitigated Negative Declaration /
Barton Plaza
Page 4 of 4
NOS-05: A six-foot high shielding wall shall be constructed along the northwest corner property
line (adjacent to residential units) and along the Market (Phase II) loading dock.
NOS-06: - Truck deliveries and loading dock activity shall be limited to between the hours of 7:00
AM to 9:00 PM.
NOS-07: Deliveries should limit their engines to idle 5 minutes or less. Trucks should be
encouraged to turn off engines once they reach loading dock destination.
TRANS-01: Prior to the issuance of grading permits for Phase 1 of the Project, the Developer shall
- participate in a fair-share contribution, via the payment of Development Impact Fees,
for the construction of a southbound left turn lane and an eastbound thru lane at the
1-215 Southbound Ramps and Barton Road.
TRANS-02: Prior to the issuance of grading permits for Phase 1 of the Project, the Developer shall
participate in a fair-share contribution, via the payment of Development Impact Fees,
for the construction of a northbound left-turn lane and Michigan Street and Barton
Road.
TRANS-03: The Developer shall complete any remaining half-section street improvements along
Mount Vernon Avenue and Barton Road, directly adjacent to the Project boundaries.
TRANS-04: The Developer shall submit a signing and striping plan prior to the issuance of grading
permits, and signing and striping shall be completed prior to opening of Phase 1.
TRANS-05: Prior to the issuance of building permits for Phase 2 of the Project, the Developer shall
implement Mitigation Measures TRANS-01 and TRANS-05, if not already completed.
TRANS-06: Construct on-site circulation system per the detailed site plan, including the phasing
plan.
TRANS-07: Install stop signs, stop bars, and stop legends at all Project access points.
TRANS-08: Install one (1) southbound left/right turn land and one (1) eastbound left turn lane at
Project Access 1 at Barton Road.
TRANS-09: Install one (1) southbound right turn lane at Project Access 2 at Barton Road.
TRANS-10: Install one (1) northbound left turn lane at Mount Vernon Avenue and Project Access 3.
TRANS-1 1: Prior to the certificate of occupancy, the Developer shall implement Mitigation
Measures TRANS-05 and TRANS-10, if not already completed.
Signature:
Joyce Powers
Community and Economic Development Director
Date:
YAProject Files\SA 11-02 Barton Plaza\Environmental Review\MND Barton Plaza_6.9.2011.doc
113
City of Grand Terrace
Community and Economic Development Department
Environmental Checklist Form
1. Project Title: Barton Plaza
Site and Architectural Review 11-02, Tentative Parcel
Map 11-01 (TPM 19131), Sign Program 11-02, General
Plan Amendment 11-01, Zone Change/Specific Plan
Amendment 11-01
2. Lead Agency Name &Address: City of Grand Terrace
Community & Economic Development Department
22795 Barton Road
Grand Terrace, CA 92313
3. Contact Person & Phone Number: Sandra Molina, Senior Planner
(909)430-2218
4. Project Location: The northwest corner of Barton Road and Mount
Vernon Avenue
5. Project Sponsor's Name: Dr. Robert Ha
5661.Ocean Terrace Drive
Huntington Beach, California 92648
6. General Plan Designation: Existing: General Commercial and Office Commercial
Proposed: Change Office Commercial designation to
General Commercial
7. Zoning Designation: Existing: BRSP-Village Commercial and Administrative
Professional
Proposed: Change Administrative Professional
designation to BRSP-Village Commercial
8. Description of project:
----- ---The appoiximatety-3.6—acre Project site is located at the northwest corner of Mount Vernon
Avenue and Barton Road in the City of Grand Terrace. The majority of the site is located within
the City's Barton Road Specific Plan (BRSP), with the exception of the northerly 0.75 acres
square feet (32,527) of the site.
The applicant proposes to develop a cohesive retail commercial center made up of four
buildings. In addition to the existing 6,900 square foot building with outdoor seating, the
proposed Project consists of the construction of a 14,820 square foot drugstore with pharmacy
pick up window (Walgreens), 10,581 square foot grocery market to include alcohol sales, a
5,400 square foot multi tenant restaurant with 750 square.feet of outdoor seating. The facade of
the existing structure will be upgraded in keeping with the proposed architectural themes of the
new center. In total, the Project will encompass approximately 37,700 square feet of building
area, and about 1,800 square feet of outdoor dining area. The proposed Project includes the
Page 1 of 65
114
Environmental Initial Study
Barton Plaza
installation of 182 parking spaces, landscaping, and lighting features and will require
,connections to existing utility features. Because the site is currently served by utilities, the
extension of utility infrastructure to the site is not required. Access to the Project site will be via two driveways on Barton Road and one driveway.on Mount Vernon Avenue. Britton Way was
previously vacated, and it will be closed off to through traffic. Construction of the Project is
proposed in two phases. Phase 1 includes grading the entire site and- construction of the
Walgreens drug store, re-fagade of the existing building and relating parking, landscaping and
driveways to support the operation of Phase 1 uses. Phase 2 includes the construction of the
grocery store (anticipated to be Fresh & Easy), restaurant/retail pad building, and remaining
parking lot and landscaping improvements. Additionally, the applicant proposes to revise the
designations of the.northerly 0.75 acres as follows: amend the General Plan designation from
Office Commercial to General Commercial, change the Zoning from Administrative Professional
to BRSP-Village Commercial, and amend the boundaries of the BRSP to include the northerly
0.75 acres of the site into BRSP.
Site and Architectural Review 11-01 has been submitted to establish the site and building
design of the commercial center and the associated uses. Tentative Parcel Map 11-01
(Tentative Parcel Map No. 19131) has been submitted'to consolidate the nine underlying lots
and create four new underlying lots. General Plan Amendment 11-01, Zone Change 11-01, and
Specific Plan Amendment 11-01 have been submitted to effectuate the changes described
above. Additionally, in accordance with the BRSP, the developer is allowed development
incentives when lots are consolidated. In this instance, nine separate lots are being
consolidated into a cohesive shopping center with four underlying parcels. The developer is
requesting development incentives related to a reduction of the amount of'required onsite
landscaping.
The proposed Project includes a Sign Program that is compatible with the architectural theme
and site layout, and compliant with the intent of the BRSP and Chapter 18.80 (Signs) of the .
Grand Terrace Municipal Code. The'Sign Program for the proposed Project identifies a unified
sign design and guidelines for all monument and wall signs for the Project. In accordance with
the BRSP, monument type signs shall not exceed 32 square feet for any parcel with 300 feet or
more of street-frontage and shall not exceed a height of"6 feet above grade. Wall signs are
limited to a maximum sign area of 75 square feet per building street frontage for single tenants
and a maximum sign area of 50 square feet per building street frontage for multiple tenants.
However, pursuant to the BRSP, the Planning Commission has the authority to allow deviations
from the City's sign ordinance to approve,creative and innovative sign programs or sign
solutions under exceptional or unusual circumstances.
___-- 9. Descriptior-of-Site; --The project site is located at the intersection of two of the City's primary streets: Barton Road
and Mount Vernon Avenue. Adjacent land uses include the Stater Bros. shopping center and.
Chevron gas station to the south (across Barton Road), the CVS shopping center and single-
family residential uses to the east (across Mount Vernon Avenue), a nursing/rehabilitation
center and multiple-family residences to the north, and commercial, day care and multiple-family
residential uses to the west.
Aside from the existing commercial building and parking lot, the site is vacant. The site is
relatively level with.onsite grades trending downward east to west.
Paae 2 nf R.s
115
Environmental Initial Study
Barton Plaza
10. Surrounding Land Uses, General Plan Designations, and Zoning:
ZoningGeneral Plan Existinq Land Uses
North Administrative Professional
(AP) Office Commercial Vacant/Commercial
Barton Road Specific Plan-
East Village Commercial and Single General Commercial General Commercial and
FamilyResidential R1-7.2 Single Family Residential
South Barton Road Specific Plan-
Village Commercial General.Commercial Commercial
Barton Road Specific Plan-
West Village Commercial General Commercial F.WestCommercial
11. Other public agencies whose approval is required:
■ City of Grand Terrace Department of Building and Safety: Building Permit
■ County of San Bernardino Fire Department: Plan Check Review and Approval
■ Regional Water Quality Control Board, Santa Ana Region: Storm Water Pollution
Prevention Plan, Water Quality Management Plan
■ Riverside Highland Water Company: Water connection.
■ City of Grand Terrace Public Works: Street storm drain and utilities.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the
following pages.
❑ Aesthetics ❑ A riculture Resources ❑ Air Quali
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ Hydrology/Water Quality
Emissions Materials
[E3 Land Use/Planning aw' erat-Resourc— Now
Po
ulation/Housin ❑ Public Services El Recreation
❑Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of
Si nificance
papa I of Rr,
116
Environmental Initial Study
Barton Plaza
DETERMINATION:
On the basis of this initial evaluation:
❑ I find that the project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
0 1 find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ 1 find that the proposed project MAY have a "potentially significant impact' or"potentially .
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Prepared by:
Date Sandra Molina
Senior Planner
Approved by:
Date doycd Powers
Community and Economic Development Director
Page 4 of 65
117
Environmental Initial Study
Barton Plaza
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A No Impact answer is adequately supported if the referenced
information sources show that the impact simply does not apply,to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer
should be explained where it is based on project-specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on a
project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as
on-site, cumulative as well as project-level, indirect as well as direct, and construction as
well as operational impacts.
3. Once the lead agency has determined that a particular physicalimpact may occur, then
the checklist answers must indicate whether the impact is potentially significant, less
than significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially
Significant Impact" to a "Less Than Significant Impact". The lead agency must describe
the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from "Earlier Analyses," as described in (5) below,
may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other
CEQA process, an effect has been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D).
Earlier analyses are discussed in Section XIV at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference
.to-the_page-or-pages-where4h&statemer*is-substantiate .
Studies cited are available for review at the City of Grand Terrace Community and
Economic Development Department located at 22795 Barton Road, Grand Terrace,
CA 92313
7. Supporting Information Sources: A source list should be attached, and other sources
used or individuals contacted should be cited in the discussion.
Page 5 of 65
118
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
I. AESTHETICS-Would the project:
a. Have a substantial adverse effect ❑ ❑ ❑
on a scenic vista?
b. Substantially damage scenic
❑ ❑ 0 ❑
resources, including, but not limited to,
trees, rock outcroppings, and historic
buildings within a state scenic
highway?
The Project site is located adjacent to the existing commercial uses and development and is'
bound by two public roadways, Barton Road and Mount Vernon Avenue. According to the
General Plan EIR there are no state or county scenic highways within the City', nor does the
site contain any scenic trees, rock outcroppings or historic buildings2.
Views afforded from the Project site consist of existing single-family residential uses to the west,
vacant land to the north, and commercial to the east and south. Beyond the developed area
immediately surrounding the project Blue Mountain is visible to the southeast and the San
Bernardino Mountains' can be seen to the north. The Proposed project would slightly modify
views of the Project site but would not obstruct.views of Blue Mountain or the San Bernardino
Mountains to any greater extent than what occurs in the existing partially developed condition of
- the site and surrounding area. Because the proposed Project would not significantly impact a
designated or eligible scenic highway or scenic resource,.impacts associated with this issue
would be less than significant and no mitigation would be required.3
Finding: Less Than Significant Impact. No mitigation is required.
c. Substantially degrade the existing ❑ ❑ ❑
visual character or quality of the site
and its surroundings?
---The-Project-site-is----adjacent-tom-exis#tng--cornmercial-development--to-the--east-and-west.----------
Development of the commercial Project within the City's commercial corridor would not result in
an adverse aesthetic impact. Temporary visual impacts from construction activities would occur
but are temporary and would not have and would not have a significant impact on surrounding
uses.
The Project would create a commercial center with a cohesive architectural and sign design
theme in compliance with existing design guidelines of the City and the BRSP. The buildings
' City of Grand Terrace General Plan EIR,Section 4A,April 27,2011.
2 Historical Resources Assessment for the Mount Vernon and Barton Road Commercial Center, City of Grand Terrace, San
Bernardino County LSA Associates,Inc.November 24,2008.
Barton Plaza Initial Study and Environmental Analysis,December 18,2008
Page 6 of 65
119
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
are proposed to have a stucco finish with the incorporation of a ledger stone wainscoting,
variation in building wall planes, the use of trellises, insets and the use of earth tone colors in
conformance with the BRSP architectural guidelines.
The Barton Road Specific Plan permits a relaxation of development standards as an incentive
when a developer consolidates lots. In this instance, the developer is consolidating nine
separate lots and_'is requesting a reduction in the amount of landscaping to be provided for the
project. A review of the proposed site and landscaping plans indicate that the reduction in
landscaping will not have a demonstrable negative visual effect and can be supported.
The Project includes a Sign Program that is compatible with the architectural theme and site
layout of the Project in accordance with the provisions of the BRSP and the City's Sign
Ordinance.
The Sign Program identifies a unified sign design and guidelines for all signs for the Project.
The Sign Program includes guidelines for wall, monument, and directional signs; identifies
prohibited signs, and includes construction requirements: The Sign Program provides greater.
sign flexibility for the two major tenants (Walgreens and Market) by allowing up to 300 square
feet of sign area for the major tenants, transferable from one building elevation to another. Two
monument signs are also proposed at a height of 9.5 feet with 49 .square feet of sign area.
These guidelines exceed the BRSP requirements._The BRSP states that monument type signs
shall not exceed 32 square feet of sign area (single sided) for any parcel with 300 feet or more
of street frontage and shall not exceed a height of 6 feet above grade. Wall signs are limited to
a maximum sign area of 75 square feet per building street frontage for single tenants and a
maximum sign area of 50 square feet per building street frontage for multiple tenants. However,
pursuant to the BRSP, the Planning Commission has the authority to allow deviations from the
City's sign ordinance to approve creative and 'innovative sign programs or sign'solutions under
exceptional or unusual circumstances. Because the design and placement of signs associated
with the proposed Project would adhere to provisions of the Sign Program, BRSP, and the
GTMC, a less than significant impact related to this issue would occur and no mitigation is
required.
A retaining wall will be constructed along the west and north property lines. The retaining wall
height along the west boundary will range from 2 feet to approximately 7 feet in height with open
view fencing on top. The retaining wall will be visible along the west boundary of the Project
site. However, incorporation of Mitigation Measure AESTH-01 will reduce potential impacts
from the retaining walls to less than significant levels.
Mitigation Measure
AESTH-01: All exposed retaining and perimeter walls shall be decorative, which may include
the incorporation or combination of stucco, split-face block, stone veneer and/or
other materials that match the colors and materials of the Project; and shall
include the installation of landscape material along the west boundary retaining
Page 7 of 65
120
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
wall to the satisfaction of the Community and Economic Development
Department.
Development of the proposed project would not completely obstruct any prominent scenic view
or vista, or create a negative visual impact to the environment. As such, impacts related to this
issue are considered to be less than significant and no mitigation is required.
Finding: Less Than Significant Impact with the Incorporation of Mitigation Measures.
d. Create a new source of substantial O C3 0 I]
light or glare which would adversely
affect day or nighttime views in the
area?
Develof of the Project would result in the. installation of outdoor lighting for parking,
-nnage, and the maintenance of public safety and security. The City Municipal Code4 contains
..ards for outdoor lighting. These standards identify the preferred lighting source, maximum
liy: lg ': tensity, and dictate shielding requirements that the developer must comply with for the
installation of the lighting standards. Adherence to the lighting,standards established by the City
would reduce potential impacts related to this issue to less than significant levels.
Finding: Less Than Significant Impact. No mitigation is required.
II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Department of
conservation as an optional model used in assessing impacts on agriculture and farmland.
Would the project:
a. Convert Prime Farmland, Unique I] I] i] IF]
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
-"- "- .'---tf a maps prepare pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
The proposed subject site is classified as "urban and built-up land" and is not farmland,
according to the State of California, Department of Conservation, Division of Land Resource
Protection, California Farmland Mapping and Monitoring Programs. Therefore, no impact to
agricultural resources will occur.
°Chapter 18.60,Section 18.60.040(C)of the Grand Terrace Municipal Code 1990
e California Department of Conservation.htto:l/www.consrv.ca.gov/dlm/FMMP/Pages/index.asox,site accessed March 28,2011.
Paae 8 of 65
121
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Finding: No Impact. No mitigation is required.
b. Conflict with existing zoning for ❑ ❑ ❑ 21
agricultural use, or a Williamson Act
contract?
See response to Section Il.a above.
Finding: No Impact. No mitigation is required.
c) Conflict with existing zoning for, or ❑ ❑ ❑ 0
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))? .
The Project site contains an existing 6,900 square foot commercial building. The remainder of
the site has been disturbed through demolition of previous commercial structures and paving,
and weed abatement activities on the north portion of the site. No forest land or timberland ;
exists on the site. Therefore, no impact will occur.
Finding: No Impact. No mitigation is required.
d. Result in the loss of forest land or ' ❑ ❑ ❑ 0
conversion of forest land to non-forest
use?
See response to Section Il.c. above.
-.-- .- - --Finding;-No-lmpact—No_mitigatioa-is-require _.---- --. --
e. Involve other changes to the ❑ ❑ 0 ❑
existing environment which, due to
their location or nature, could result in
conversion of Farmland, to non-
agricultural use?
The Project site is located at the intersection of Barton Road and Mount Vernon Avenue,
adjacent to the existing commercial uses and development, in the City's main commercial
intersection. Farmland is located over approximately one mile to the southwest of the Project
Paqe 9 of 65
122
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
sites. Development of the Project, in the City's commercial corridor, would not result in the
conversion of Farmland to non-agricultural uses.
Finding: No Impact. No mitigation is required.
III. AIR QUALITY— Where available, the significance criteria established by the applicable air
quality management or air pollution control district may be relied upon to make the following
determinations.Would the project:
a. Conflict with or obstruct 0 E3 191
implementation of the applicable air
quality plan?
The City is located in the South Coast Air Basin (Basin). The air pollution control agency for the
Basin is the South Coast Air Quality Management District(SCAQMD). SCAQMD is responsible
for controlling emissions primarily from stationary sources. The SCAQMD and the Southern
California Association of Governments (SCAG) are responsible for formulating and
implementing the Air Quality Management Plan (AQMP), which has a 20-year horizon for the
Basin. The current regional air quality plan is the.Final 2007 Air Quality Management Plan
adopted by the SCAQMD on June 1, 2007.
The AQMP for the Basin sets forth a comprehensive program that will lead the Basin into
compliance with all federal and state air quality standards. The AQMP's control measures and
related emission reduction estimates are based upon emissions projections for a future
development scenario derived from land use, population, and employment characteristics
defined in consultation with local governments. Accordingly, conformance with the AQMP for
development projects is determined by demonstrating compliance with local land use plans
and/or population projections.
The 3.6-acre Project site is zoned BRSP-VC except for the northerly 0.75 acres which is
designated Administrative Professional (AP). The Project includes an amendment to the Zoning
Map to change the AP designation to BRSP-VC, consistent with the remainder of the site. The
- - - -BRSP bourrdary-wouWb�arnanded-Wi ciude-the-Or.-75-acres-an-d-th-e- enera Pan tan designation
--
designation will be amended consistent with the zoning changes. The current AP designation
allows administrative professional land uses and all uses permitted in the C-2 General
Commercial classification, which would allow for a variety of commercial uses and intensities.
The proposed BRSP-VC designation would allow similar land uses to the existing AP
classification. Therefore,for purposes of intended land uses, the Project is in compliance with
local land use plans and will not conflict with or obstruct implementation of the AQMP. No
mitigation is required.
Finding: Less Than Significant Impact. No mitigation is required.
e Ibid
Page 10 of 65
123
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
b. Violate any air quality standard or ❑ 0 ❑ ❑
contribute substantially to an existing
or projected air quality violation?
The SCAQMD California Environmental Quality Act (CEQA) Handbook (SCAQMD, 1993) -
establishes mass daily thresholds on a regional level for both construction and operational
impacts. The SCAQMD has developed suggested significance thresholds based on the volume
of pollution emitted rather than on actual ambient air quality because the direct air quality impact
of a project is not quantifiable on a regional scale. The 1993 SCAQMD Handbook (as
subsequently revised) states that any projects in the SCAB (South. Coast Air Basin) with daily
emissions that may exceed any of the thresholds should be considered as having an individually
and cumulatively significant air quality impact.
The SCAQMD has also developed analysis parameters to evaluate ambient air quality on a
local level in addition to the more regional emissions-based thresholds of significance. These
analysis elements are called Localized Significance Thresholds (LST). LSTs were developed in
response to Governing Board's Environmental Justice Enhancement Initiative 1-4 and the LST
methodology was provisionally adopted in October 2003 and formally approved by SCAQMD's
Mobile Source Committee in February 2005. LSTs represent the maximum emissions from a
project that are not expected to cause or contribute to an exceedance of the most stringent
applicable federal or state ambient air quality standard, and are developed based on the —
ambient concentrations of that pollutant for each source receptor area (SRA) and distance to
the nearest sensitive receptor.
Air pollution emissions associated with the proposed Project would occur over both a short and
long-term time period. Short-term emissions include fugitive dust from construction activities
(i.e., demo, grading, and exhaust emission) at the Project site. Long-term emissions review the
operational effect the Project would have over the Project's life cycle. Long-term emissions
include vehicle exhaust traveling to and from the Project site, electricity and natural gas.
An Air Quality Impact Study dated February 21, 2011, was prepared by RK Engineering Group,
__-_-- Inc'The_Air OuaUty- mpact_Stud�evaluated-air-quality--imparts-associated-with-the4kojeetby------ - - --
evaluating both short-term (construction) and long-term (operational) impacts and comparing
them to SCAQMD regional and localized significance thresholds. The study determined that the
Project would not exceed SCAQMD regional and localized thresholds.
To evaluate both construction and operational emission impacts of the proposed project,
URBEMIS 2007 (9.2.4) was utilized. Construction data, starting with project construction
phasing, typical construction equipment and timeline was inputted into the computer model to
simulate realistic construction activities. The short-term and long-term impacts were compared
to the regional and localized significance thresholds
'Mt. Vernon Avenue and Barton Road Commercial Center Air Quality Analysis RK Engineering Group,Inc.March 1,2011.
Panes 11 of RR
124
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Short Term Impacts
Regional Significance Thresholds
Temporary,construction activity emissions will occur during Project build-out. The Project site is
subject to follow SCAQMD rules for the reduction of fugitive dust emissions, Rule 403.
- SCAQMD Rule 403 requires the use of best available control measures (BACM) to mitigate
construction and operation activities. In order to assess short-term construction emissions and
potential impacts, the following assumptions were made:
• Phase 1 is expected to begin construction in late 2011 and will take approximately nine
months to one year to complete.
• Phase.1 site grading will take approximately one week, building/construction will take 7
months and painting/paving will take three weeks.
• Phase 2 is expected to begin in late 2014 and will take one year to complete.
• Phase 2 site grading will take approximately two,weeks, building/construction will take
12 months and painting/paving will take three months.
• It is estimated'that a maximum of two acres would be disturbed on any one day. There
is no estimated soil hauling.
As shown in Table 1, the short-term construction emissions for Phase,1 and Phase 2 do not
exceed SCAQMD daily emission thresholds.
Table 1
Regional Significance-Maximum Daily Construction Emissions (lbs/day)
ActivityTime VOC NO, CO S02 PM10 PM2.5 CO2
Period
Grading 1 Week 2.86 23.49 12.93 0.0 4.58 1.79 2,371.69
ConstruBuildlc9on Months n 7
1.15 8.70 5.72 0.01 0.56 0.51 1,041.71
-- N ---Painting- 2-Weeks 2-1_1Z .0_ a22- 0 71-- - -
Pavin 1 Week 1.84 10.92 8.51 0.0 0.94 0.85 1,229.2
W
Q
= Maximum - 21.17 23.49 12.93 0.01 1 4.58 1 1.79 2,371.69
a
SCAQMD Threshold 75 100 550 150 150 55 N/A
Exceeds Threshold ? No No No No No No N/A
Paoe 12 of 65
125
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
'ActivityTime VOC NO, CO S02 PM110 PM2.5 CO2
Period
Grading 3 Weeks 2.44 19.12 11.52 0.0 4.50 1.57 2,371.64
Building 12 0.86 6.20 5.16 0.03 0.36 0.33 1,053.26
o Construction Months _
N Painting Months 16.30 0.01 0.13 0.0 0.0 0.0 23.65
N
W Paving1 Month 1.38 8.43 7.86 0.0 0.65 0.59 1,209.2
N '
Q
= Maximum 16.30 19.12 11.52 0.03 4.50 1.57 2,371.64
a
SCAQMD Threshold 75 100 550 150 150 -55 N/A
Exceeds Threshold ? No No No No No No N/A
Source:RK Engineering Group,Inc.2011
' Construction activities are not expected to overlap except during paving and painting;therefore the maximum emissions represent
the largest of each activity alone and the combined paving and painting emissions.
2 There is no significance threshold for COZ emissions.
Localized Significance Thresholds
Since the Project's maximum disturbance area is approximately 2 acres per day, the SCAQMD
localized thresholds lookup tables for a 1, 2 and 5 acres site was utilized. The information is
provided for a 2 acre disturbance footprint, the LST concentration thresholds for a 2 acre site
were compared to the Project's emissions. The SCAQMD tables contain emission thresholds at
a distance of 50 meters, 200 meters and 500 meters. For purposes of this project, the
thresholds for a distance of 50 meters (164 feet)were used. As shown in Table 2, the Project's
emissions from construction will not exceed the SCAQMD localized significance thresholds.
Table 2
Localized Significance-Daily Construction Emissions'
--- -- CO NO,- PM,,, - PMrr-- - - -
N LST Pollutants Ibs/da Ibs/da Ibs/da Ibs/da
N Maximum from Table 1 12.93 23.49 4.58 1.79
w SCAQMD Construction
a Threshold 1,877 200 19 8
a
Exceeds Threshold (?)2 No No No No
Page 13 of 65
126
-Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
CO NO, PM10 PM2.5
LST Pollutants Ibs/da Ibs/da Ibs/da Ibs/da
N Maximum from Table 1 11.52 19.12 4.50 1.57
N SCAQMD Construction
Q Threshold 1,877 200 19 8
a
Exceeds Threshold (?)2 No No No No
Source:RK Engineering Group,Inc.2011
'Reference LST thresholds are from 2006-2008 SCAQMD Mass rate Localized Significant Thresholds for construction and
operation Table C-1 for a disturbance area of 2 acres and at a receptor distance of 50 meters.
While the proposed Project would not exceed any of the SCAQMD regional or localized
significance construction emissions thresholds, the proposed Project would be required to
comply with standard regional rules that assist in reducing short-term air pollutant emissions. In
addition', the following recommended emissions reduction Mitigation Measures AQ-1 through
AQ-3, are proposed to be incorporated into the Project conditions to yield further reductions in
potential air quality impacts, resulting in a less than significant impact.
AQ-1 Vehicle Emissions - The following measures are recommended to further reduce
vehicle emission impacts during Project construction:
a. Construction equipment shall be maintained in proper tune.
b. Utilize gasoline or electricity-powered equipment instead of diesel equipment
whenever possible.
C. Suspend use of heavy construction equipment during first stage smog alerts.
d. All construction vehicles shall be prohibited from excessive idling. Excessive
idling is defined as five minutes or longer.
e. Encourage use of "clean diesel" equipment if—modifmd_engines--(catalyst----_------
equipped or newer Moyer Program retrofit) are available at a reasonable cost.
AQ-2 Fugitive Dust Emissions and Control - To reduce fugitive dust emissions during
construction, the use of best available control measures (BACM) shall be
implemented during grading, including the following:
a. Water all active construction areas three times daily.
b. Cover all haul trucks or maintain at least 2 feet of freeboard.
C. Pave or apply water three times daily to all unpaved parking or staging areas.
d. Reduce speed on unpaved roads to less than 15 mph.
e. Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
Pon= 1 A of AS;
127
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
f. Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
g. Suspend all operations on any unpaved surface if winds exceed 25 mph.
h. Take measures to limit daily disturbance area to 5 acres or less.
A4-3 Off-Site Impacts — The following measures are recommended to further reduce -
construction-related air quality impacts:
a. Encourage car pooling for construction workers.
b. Limit lane closures to off-peak travel periods, when feasible.
C. Park construction vehicles off traveled roadways.
d. Wet down or cover dirt hauled off-site.
e. Wash or sweep access points daily.
f. Encourage receipt of materials during nbn-peak traffic hours, when feasible.
g. Sand/gravel bag construction sites for erosion control.
Long-Term Impacts
Regional Significance Thresholds
Long-term operational impacts typically include vehicles traveling in and out of the Project site
and land use emissions. Land use emissions can include natural gas and electricity use (i.e.
stove, lawn mower, 'etc). The .URBEMIS 2007 Version 9.2.4 was utilized to determine the
estimated daily emissions from mobile sources. In order to calculate accurately the mobile
emissions, the daily trip rates for the Project and the fleet mix (per the traffic impact study) were
used to reflect the vehicle distribution data. The default trip lengths, average speed, fleet mix,
and parking spaces were utilized with the URBEMIS model.
Table 3 compares the long-term operational emissions for Phase 1 and Phase 2. Long-term
o ep rational emissions--do-noLexceed-SCAOAM da*emission thresh° -
Page 15 of 65
128
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Table 3
Regional Significance- Maximum Daily Operational Emissions (lbs/day)
Activity VOC NO, CO S02 PM10 PM2.5 CO2
_ Vehicles Emissions 7.39 8.81 76.65 0.07 11.19 2.19 6,730.1
C'' Area Source
N Emissions 0:22 0.02 1.60 0.0 0.00 0.0 2.75
v
r
U)
w Total:Vehicles +Area 7.61 8.83 78.25 0.07 11.19 2.19 6,732.8
Source
a
SCAQMD Threshold 55 55 550 150 150 55 N/A'
Exceeds Threshold (?) No No No No No No N/A
Activity VOC NO, CO S02 PM10 PM2.5 CO2
_ Vehicles Emissions 9.61 10.92 90.37 0.09 13.61 2.66 8,217.0
t° Area Source
cC4 Emissions 0.36 0.19 3.34. 0.0 •0.00 0.0 190.87
N
w Total: Vehicles +Area 9 97 11.11 93.71 0.09 13.61 2.67 8,407.9
Source
a
SCAQMD Threshold 55 55 550 150 150 55 N/A'
Ehreshold (?) No No No No No No N/A
--- --Soarse Rrex Inc.-
'There is no significance threshold for CO2 emissions
Localized Significance Thresholds
According to the LST methodology, mobile source emissions do not need to be included in the
LST analysis. Only land use emissions and on-site vehicle emissions need to be analyzed for
the Project. Table 4 compares the operational emissions from the land use emissions to the
localized significance thresholds. The emissions from operations will not exceed the SCAQMD
localized thresholds of significance.
Panp 1 R of AR
129
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Table 4
Localized Significance—Daily Operational Emissions'.2
CO NO, PM10 PM2.5 -
LST Pollutants Ibs/da lbs/da Ibs/da Ibs/da
Emissions (calculated from
CD Table 2)3 7.7 0.90 1.12 0.22
QSCAQMD Operational
= Thresholds 1,877 200 3 2
a
Exceeds Threshold ? No No No No
NO, PM10 PM2.s
LST Pollutants CoIbs/da Ibs/da Ibs/da Ibs/da
`O Emissions (calculated from
N Table 2 3
12.4 12.38 1.36 0.28
N
---f
N SCAQMD Operational
aThresholds 1,877 200 3 2
Exceeds Threshold ? No No No No
Source:RK Engineering Group,Inc.2011
'Reference LST thresholds are from 2006-2008 SCAQMD Mass rate Localized Significant Thresholds for construction and
operation Table C-1 for a disturbance area of 2 acres and at a receptor distance of 50 meters.
Per LST methodology,mobile source emissions do not need to be included except for land use emissions and on-site vehicle
emissions.
3 It is estimated that only 10% of the overall trip length for the project will occur on-site (parking lot), therefore LST mobile
emissions are reduced to 10%of the overall LST emissions.LST=(.1•vehicle emission)+Area Source
The Project will not exceed any of the SCAQMD regional or localized significance_operationai._.
---- -(tong-termremissions thresholds. Therefore,-no mitigation is required.
Finding: Less Than Significant Impact. No mitigation is required.
c. Result in cumulatively considerable ❑ ❑ p ❑
net increase of any criteria pollutant for
which the project region is non-
attainment under an applicable federal
or state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)?
130
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than -No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
According to the General Plan EIR8, the Basin is non-attainment for ozone (03), particulate
matter (PM), nitrogen oxides (NO,), and carbon monoxide (CO). Since reactive hydrocarbons
and nitrogen oxides are precursors to ozone, pollutants of concern include volatile organic
- „ compounds (VOC), NO,,, CO, particulate matter less than 10 micrometers (PM-10) and
particulate matter less than 2.5 micrometers (PM-2.5). However, as noted in Tables 1 through
4, above, the Project will not exceed short or long-term emission thresholds for these pollutants.
Further, given the low emission levels, the Project is not expected to result in a cumulatively
considerable increase in area pollutants. Therefore, a less than significant impact will occur.
Finding: Less Than Significant Impact. No mitigation is required.
d. Expose sensitive receptors to ❑ ❑ p ❑
substantial pollutant concentrations?
Sensitive receptors are defined as populations that are more susceptible to the effects of
pollution than the population at large. The SCAQMD _identifies the following as sensitive
receptors: long- term health care facilities, rehabilitation centers, convalescent centers,
retirement homes, schools, playgrounds, child care centers, and athletic facilities. The closest
sensitive receptors to the project site are the existing residences adjacent to the project site on
the west and approximately 80 feet to the east of the project site, a child care center
_ approximately 125 feet west of the project site, and a nursing rehabilitation center 130 feet to
the north of the site.9 As stated in the Air Quality Impact Study performed for the Project,
SCAQMD tables contain emission thresholds a distance of 50, 200 and 500 meters, and
thresholds for a distance of 50 meters (164)feet were used. As identified in Tables 1 through 4,
above, the Project will not exceed regional or local threshold emissions; therefore, no significant
impact to adjacent sensitive receptors would occur, and no mitigation is required.10
Finding: Less Than Significant Impact. No mitigation is required.
e. Create objectionable odors affecting ❑ ❑ p ❑
------- -a-substantial-numbevofpeopl ---- ----
Heavy-duty equipment in the project area during construction would emit odors. However, the
construction activity would be short term and would cease to occur after individual construction
is completed. The application of architectural coatings and installation of asphalt may generate
odors. However, these odors are temporary and not likely to be noticeable beyond the project
boundaries. SCAQMD Rules 1108 and 1113, which are required for all development, identify
standards regarding the application of asphalt and architectural coatings, respectively". No
e City of Grand Terrace General Plan EIR,Section 4B,April 27,2010.
s Barton Plaza Initial Study and Environmental Analysis,December 18,2008.
10 Mt. Vernon Avenue and Barton Road Commercial Center Air Quality Analysis RK Engineering Group,Inc.March 1,2011.
" Barton Plaza Initial Study and Environmental Analysis,December 18,2008.
Donn 1 A of QC.
131
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
other sources of objectionable odors have been identified for the proposed project, and no
mitigation measures are required.
As further discussed in previous Initial Study'Z, the proposed project would result in the
development of commercial and restaurant uses. Odors typically associated with the proposed
uses include those associated with the preparation of food products. The control of such odors is typically achieved through the sanitary storage and disposal of organic waste and the
utilization of equipment and/or measures to contain and/or neutralize objectionable odors.
Finding: Less Than Significant Impact. No mitigation is required.
IV. BIOLOGICAL RESOURCES—Would the project:
a. Have a substantial adverse effect, ❑ ❑ ❑ 0
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional.plans, policies, or regulations
by the Cal Dept. of Fish and Game or
U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect ❑ ❑ ❑ 0
on any riparian habitat or other
sensitive natural community identified
in local or regional plans, policies,
regulations or by the Cal Dept. of Fish
and Game or U. S. Fish and Wildlife
Service?
IV a. and b: LSA Associates, Inc. conducted an Updated Biological Resources Assessment of
the site which included a site visit on May 25, 2011, by LSA Biolo gist Sarah rera
--- -visit-determFned-tffaT-ffFe—sl a is Ighly disturbed due to previous site activities and most of the
site contains sparse cover of weedy species. The site contains ruderal vegetation community
with the most dominant species being cheeseweed (Malva parviflora), wild oats (Avena sp.),
fostail barley (Hordeum miurinum), red brome (Bromus madritensis ssp. Rubens), Russian
thistle (Salsoala tragus), and Canadian horseweed (Conyza Canadensis). . No burrows were
observed and it is likely that the site is only used by species common to disturbed areas.
Although twelve federal and/or state threatened or endangered species and thirty special
interest species are known to occur in the San Bernardino County region, suitable habitat does
'Z Ibid.
Pono 1 Q of RR
132
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
not occur due to the developed and disturbed nature of the site, nor were any observed.
Therefore, no impact would occur and no mitigation is necessary.13.
Finding: No Impact. No mitigation is required.
c. Have a substantial adverse effect on ❑ ❑ ❑ O
federally protected Wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
As noted in the Updated Biological Resources Assessment conducted by LSA Associates,
Inc.14, there are no on-site drainage features subject to jurisdiction by the California Department
of Fish and Game, Army Corps of Engineers and/or the Regional Water Quality Control Board.
Therefore, no impact will occur.
Finding: No Impact. No mitigation is required.
d. Interfere substantially with the ❑ 0 ❑ ❑
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
The Project site is located at the northwest corner of the intersection of Barton Road and Mount
Vernon Avenue, generally the center of the City and surrounding by development. According to
the General Plan EIR, the only area of substantial open space with the potential for wildlife
corridors to exist is at the southeast corner ofthe-ri�he_.B1ue_Mountain-area;whir-�h eenneets
other mountains to the south, southeast and southwest.15 Therefore, given the Project
location there is'no potential to impact wildlife movement, including corridors.
During the avian breeding season (typically February 1 through August 31), most birds and their
active nests are protected from "take" (destruction, pursuit, possession, etc.) under' the
Migratory Bird Treaty Act (META) and/or Sections 3503-3801 of California Fish and Game
Code. Activities that cause destruction of active nests, or that cause nest abandonment and
subsequent death of eggs or young, may constitute violations of one or both of these laws.
11 Updated Biological Resources Assessment for the Mount Vernon and Barton Road Commercial Center,City of Grand Terrace,
San Bernardino County,LSA Associates,Inc.,October 17,2008
14 Ibid.
15 City of Grand Terrace General Plan EIR,Section 4C.1,April 27,2010
Paoe 20 of 65
133
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Trees on site and adjacent to the site provide suitable nesting habitat for small birds. Although
no birds were observed using the site at the time of the survey, birds protected under the MBTA
and/or Fish and Game Code may use the site for nesting. If development of the.Project occurs
during the breeding season, a nesting survey should be conducted by a qualified biologist in
order to avoid impacts to nesting avian species. Implementation of Mitigation Measure BIO-01
would reduce to a less than significant level any impacts to nesting birds during the avian
breeding season.
Mitigation Measure
BIO-01: Removal of existing on-site trees must be conducted outside the avian nesting
season (February through August). If construction occurs during the avian nesting
season, the Project applicant shall provide evidence to. the City that a pre-
construction nesting bird survey has been conducted within 7 days prior to any
ground disturbance activities. If birds are found to be nesting inside or within 250
feet (500 feet for raptors) of the area of constraint, the nest or nesting tree plus a
250-foot buffer must be flagged and avoided until it is determined by a qualified
biologist that active nesting no longer is occurring.
Finding: Less than Significant Impact with Implementation of Mitigation
e. Conflict with any local policies or ❑ ❑ ❑.
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
The degree of site disturbance and adjacent development reduces the potential for significant
biological resources to be present. Nevertheless, the Biological Assessment that was
conducted concluded that sensitive resources are not present on the site. Additionally, the
Project does not conflict with any policies or ordinances protecting biological resources. No
impact will occur.
Finding: No Impact. No mitigation is required.
f. Conflict with the provisions of an ❑ ❑ ❑ 0
adopted Habitat Conservation Plan_,
Natural Community Conservation
Plan, or other approved local, regional,
or state habitat conservation plan?
The Project site is not included in any Habitat Conservation Plans, or other conservation plans.
Therefore, no conflicts occur.
Finding: No Impact. No mitigation is required.
Panes 91 of 6..5
134
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With . Impact
Mitigation
Incorporated
V. CULTURAL RESOURCES-Would the project:
a. Cause a substantial adverse ❑ 0 ❑ 13
change in the significance of a
- historical resource as defined in §
15064.5?
b. Cause a substantial adverse ❑ 0 ❑ ❑
change in the significance of an
archaeological resource pursuant to §
15064.5''
c. Directly or in( My destroy a ❑ 0 ❑ 0
unique paler :cal resource or site
or unique-- feature?
i c. The site previously contained numerous commercial buildings and associated
.,lg lot improvements. A Historical Resources Assessment1a dated November 24, 2008,
was prepared for the original project, which evaluated the then existing on-site buildings for
historical significance. The Historical Resources Assessment determined that none.of the
structures c:stituted a historical resource. In 2009, all structures, except for the existing
bUildir-i- lemolished including removal of building foundations, and onsite paving
ir- determined by the Historical Resources Assessment, the remaining structure
does i,,jt constitute a historical resource.
In accordance with California Government Code 65352.3, the City contacted the Native
American Heritage Commission to solicit a list of California Native Tribes for the purpose of
informing them of the proposed general plan and specific plan amendments. Upon receipt of
the list, staff sent written notifications to the five listed tribes advising them of the Project and
-- -- asking--ttie-Tribes-to-contact-City-staff-if-consultattorr,Ivontd-bia—required—C - response-was------ -----
received from the Soboba Band of Luiseno Indians indicating that the Proje c :Ae falls within the
bounds of their Tribal Traditional Use Areas; however that the Soboba Band did not have any
specific concerns regarding the Project."
Further, due to the level of prior site disturbance and previous development on the site there is
little potential for previously undocumented cultural resources within the Project boundaries.
Although the Project site is not anticipated to yield any paleontological- !haeological, and/or
historical resources, the potential for unknown buried paleontologica;, !ogical, and/or
18 Historical Resources Assessment for the Mount Vernon and Barton Road Commercial Center, City of Grand Terrace, San
Bernardino County LSA Associates,Inc.November 24,2008
"Letter from Joseph Ontiveros Soboba Band of Luiseno Indians,November 24,2010..
PanP 22 of 65
135
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
historical resources is present. Implementation of Mitigation Measure CUL-01 would ensure
that any potential impacts to paleontological, archeological, and/or historical resources are
reduced to a less than significant level18.
Mitigation Measure:
CUL-01 In the event that a paleontological, archeological, and/or historical resource are
uncovered during the course of the construction phase of the project, ground
disturbing activities in the vicinity of the find should be redirected until the nature and
extent of the find can be evaluated by a qualified archaeologist and/or paleontologist
(as determined by the City). Any such resource uncovered' during .the course of
project-related to grading or construction shall be recorded and/or removed per
applicable City and/or State regulations.
Finding: Less Than Significant Impact with Implementation of Mitigation
d. Disturb any human remains, ❑ ❑ ❑
including those interred outside of
formal cemeteries?
The Project site has not been identified as having been utilized for religious or sacred purposes.
Additionally, no evidence is in place to suggest the Project site has been used for human
burials. However in the unlikely event that human remains are found, California Health and
Safety Code (Section 7050.5) states that if human remains are discovered on site, no further
disturbance shall occur until the County Coroner has made a determination of origin and
disposition pursuant to Public Resources Code Section 5097.98. As adherence to State
regulations is required for all development, no mitigation is required in'the unlikely event human
remains are discovered on site. No impact to a sacred or religious site, including a human
interment site, would occur.19
Finding: No Impact. No mitigation is required.
VI. GEOLOGY AND SOILS—Would the project:
a. Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
i. Rupture of a known earthquake fault, ❑ El ❑
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
'a Barton Plaza Initial Study and Environmental Analysis,December 18,2008
18 Ibid.
136
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault?
The Alquist-Priolo Earthquake Fault Zoning Act (A-P Act) mitigates fault rupture hazards by
prohibiting the location of structures for human occupancy across the trace of an active fault.
The boundary of an "Earthquake Fault Zone" is generally 500 feet from major active faults and
from 200 to 300 feet from well defined minor faults. The mapping of active faults is distributed to
all affected cities, counties, and state agencies for their use in developing planning policies and
controlling renovation or new construction. As identified in the Geotechnical Engineering
Investigation completed for the. proposed Project, the nearest significant active fault to the
project site is the San Bernardino-San Jacinto Fault Zone which is approximately 1.86 miles
away. No active fault traverses the project site, nor is the site located within an earthquake fault
zone.20.
Finding: No Impact. No mitigation is required.
ii.,Strong seismic ground shaking? ❑ IF] ❑ ❑
Although there are no known seismic faults within the Project site, the Project is located in an
area of high regional seismicity. The site is likely to experience ground shaking in the event of
an earthquake. However, the applicant will be required to adhere to the California Building
Code (California Code of Regulations, Title 24), which establishes engineering standards
appropriate for the seismic zone in which development may occur. Implementation of
Mitigation Measures GEO-01 would ensure that potential ground shaking impacts would be
reduced to a less than significant level.
Mitigation Measure:
GEO-01 The design and construction of all structures and facilities, site grading and soil
preparation activities within the Project limits shall be in accordance with the
recZulations and recommendations_..established--by-the-City-oVGfand-Terrace;-------
--- applicable and appropriate measures identified in the Uniform Building Code,
California Building Code and ' the site-specific recommendations of the
geotechnical investigation prepared for the proposed Project.
Finding: Less than Significant Impact with Implementation of Mitigation
20 Geotechnical Engineering Investigation,Proposed Walgreens Pharmacy Barton Road and Mt. Vernon Avenue,Grand Terrace,
CA Salem Engineering Group, February 28,2011.
Pane 24 of 65
137
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
iii. Seismic-related ground failure, ❑ ❑ px ❑
including liquefaction?
Liquefaction is a phenomenon that occurs when strong earthquake shakes-causes soils to
collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a
liquefied state. This happens in areas where the soils are saturated with groundwater. Loose
soils with particle size in the medium sand to silt range are particularly susceptible to
liquefaction when subject to seismic ground shaking. Affected soils lose all strength during
liquefaction and failure of building foundations can occur. Liquefaction typically occurs when
groundwater is present within 50 feet of the surface. According to the Geotechnical Engineering
Investigation performed for the Project, soil borings were taken throughout the site at a depth of
50 feet. The soils encountered predominately consisted of silty sand and sandy silt, and no
groundwater was encountered. The Geotechnical Investigation concluded that site soils had a
low potential for liquefaction under seismic conditions.2 Therefore, a less than significant
impact would occur.
Finding: Less Than Significant Impact. No mitigation is required.
iv. Landslides? ❑ ❑ p p
According to Exhibit 4E-1 of the General Plan EIR, the Project site is not located in area
susceptible to landslides.22
Finding: No impact. No mitigation is required.
b. Result in substantial soil erosion or ❑ ❑ p ❑
the loss of topsoil?
Although onsite building construction will occur in two phases, the overall site will be graded at
one time. Project-grading would require the movement of on-site soils, and all on-site grading
activity would conform to City grading standards, which is a requirement of any development in.
—- --the-City:—The-proposed--project-wiWbe-requirect-to-adhere-tcvappttcab el provisions of the I s -� --- -
National Pollution Discharge Elimination System (NPDES) permit, including the submittal of a
Storm Water Pollution Prevention Plan (SWPPP) to address erosion and discharge impacts
associated with the proposed on-site grading. In addition to the preparation of an SWPPP, the
developer will be required to submit a Project-specific Water Quality Management Plan
(WQMP). The WQMP will identify measures to treat and/or limit the post-construction entry.of
contaminants into storm flows. A preliminary Water Quality Management Plan has been
submitted which identifies these measures23. Additionally, the Final WQMP is required to be
incorporated by reference or attached to the project's SWPPP as the Post-Construction
Z' Ibid.
zz City of Grand Terrace General Plan EIR,Section 4E.3—Geology and Soils,April 27,2010
Z'Water Quality Management Plan(WQMP)for Barton Plaza Collins&Associates Engineering,Inc.March 24,2011
o.,.,e 0c F ac
139
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Management Plan. Adherence to the grading regulations, SWPPP, and WQMP would ensure a
less than significant impact, and no mitigation is required.
Finding: Less Than Significant. No mitigation is required.
c. Be located on a geologic unit or soil ❑ p ❑ ❑
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on-or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
The Project site is relatively level. As indicated in Section VI.a.iv, above, the Project site is not
located within an area that is designated as being susceptible to landslides or liquefaction.
Subsidence is the sudden sinking or gradual downward settling of the earth's surface with little
or no horizontal motion that may result from any number of human activities (e.g., subterranean
mining, groundwater withdrawal, or oil drilling) or natural phenomena (e.g., dissolution in
limestone aquifers, hydrocompaction, liquefaction, or crustal deformation). Fill .soils are
anticipated to be present on site since the site was previously graded, and will be required to be
replaced24. Adherence to Mitigation Measure GEO-01, above, would reduce impacts associate
with this issue to a less than significant level..
Finding: Less than Significant Impact with Implementation of Mitigation
d. Be located on expansive soil, as ❑ ❑ p ❑
defined in Table 18-1-B of the Uniform
Building Code (1994), creating
substantial risks to life or property?
According to the previous Initial Study prepared for the Barton Square Project, expansive soils-
are those with a significant amount of clay particles that have the ability to give up water(shrink)
--- ortake-on-water(swear-Utfherrthese-soiis-swetrthe-chartg-e-in volume exerts Ignl Icanf -'--- -
pressures on loads (such as buildings) that are placed on them. Two types of soil are present
on the Project site: Greenfield Sandy Loam, 2-9 percent (GtC) and Ramona Sandy Loam
(RmC). The design and construction of all structures and facilities within the Project limits would
be in accordance with the regulations and recommendations established by the City of Grand
Terrace and the applicable and appropriate measures identified in the Project-specific
geotechnical study and/or the Uniform Building Code. Adherence to these measures would
ensure a less than significant impact related to this issue would occur and no mitigation is
required.28
24 Geotechnical Engineering Investigation,Proposed Walgreens Pharmacy Barton Road and Mt. Vernon Avenue, Grand Terrace,
CA Salem Engineering Group,February 28,2011.
25 Barton Plaza Initial Study and Environmental Analysis,December 18,2008
n.....:1110 -c 110
139
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Finding: Less Than Significant. No mitigation Is required.
e. Have soils incapable of adequately ❑
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not
available for the disposal of waste
water?
The Project will connect to the public sanitary sewer system; therefore, there is no potential for
an adverse impact, relating to septic tanks.
Finding: No Impact. No mitigation is required.
VII. GREENHOUSE GAS EMISSIONS.—Would the project: ❑ ❑ ❑
a. Generate greenhouse gas
emissions, either directly or indirectly,
that may have a significant impact on
the environment?
An Air Quality Impact Study dated February 21, 2011, was prepared by RK Engineering Group, _
Inc., which included an analysis of short-term (construction) and long-term (operational)s
greenhouse gas emissions.
The Climate is generally defined as average weather, and as such climate change and weather
are intertwined. The Earth's climate is regulated by naturally occurring atmospheric gases such
as water vapor, carbon dioxide (CO2), oxygen, methane (CH4) and nitrous oxide (N20). As
sunlight strikes the atmosphere some of the infrared radiation passes through, but most is
absorbed and re-emitted in all directions by these greenhouse gas molecules and clouds. The
effect of this is to warm the Earth's surface and lower atmosphere. This effect is known as
"green house effect. Many Greenhouse Gas (GHG) emissions from human sources are
—expected-to--increase-a&-a-result-of-urbaft-deveiopment-growttr tn--arreffort-tcy-curtall emission
levels an ongoing effort of newer cleaner technologies and policies continue to be explored.
These efforts extend from local municipalities to the national government all the way to
international territories. At each agency level, GHG reduction measures are being formulated.
In an effort to help quantify GHG emissions, the EPA has constructed an index of Global
Warming Potentials (GWPs) based upon the radiative properties each individual greenhouse
gas. GWP is based on a variety of factors including; radiative efficiency (relative to that of CO2)
and the decay rate of each gas. The EPA has defined GWP, as the cumulative radiative forcing
effects of a gas over a specified time horizon, resulting from the emission of a unit mass of gas
2e Mt. vemon Avenue and Barton Road Commercial Center Air Quality Analysis RK Engineering Group,Inc.March 1,2011.
Paae 27 of 65
140
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
relative to a reference gas (the reference gas being COA One teragram of carbon dioxide
equivalent (Tg CO2 Eq) is the emission of the gas multiplied by the GWP.
The United Nations Framework Convention on Climate Change (UNFCCC) has complied
annual GHG data. According to the UNFCCC, in 2004 the U.S. contributed 7,074.4 Tg CO2 Eq.
(nearly 35% of global emissions). A total of 20,135 Tg CO2 Eq., were emitted worldwide
(excluding emissions from removals from land use, land use change and forestry). The U.S. had
an increase of 15.8% from 1990 emission levels.
California is the second largest contributor to GHGs in the U.S. During 1990 to 2003,
California's gross state product grew by 83% while GHG emissions grew by 12%. In 2004,
California produced 492 Tg CO2 Eq, which is approximately 7% of U.S. emissions. The main
contributors to California's GHG emissions are transportation (41%).and electricity generation
(22%). Over that same period of time (1990 to 2004), GHG emissions from the
residential/commercial sectors decreased by 9.7%. This decrease in GHGs could illustrate the
effectiveness of energy conservation in buildings (Title 24 requirements) and appliances. During
that same period of time, California saw an increase in population.
In 2006, Governor Arnold Schwarzenegger signed Assembly Bill (AB) 32, the California Climate
Solutions Act. AB 32 requires that statewide GHG emissions be reduced to 1990 levels by the
year 2020. This reduction will be accomplished by an enforceable statewide cap on GHG
emissions. AB 32 requires that the CARB adopt a quantified cap on GHG emissions
representing 1990 levels and disclose how it arrives at the cap. The CARB must institute a
schedule to meet emission standards, develop'tracking, reporting and enforcement mechanisms
to ensure that the state achieves reductions in GHG emissions necessary to meet the cap.
Currently, GHG levels have been estimated to be 600 million metric tons (MMTs) of CO2 Eq.,
while 1990 levels have been estimated to be 427 MMTs. Accordingly, emissions need to be
reduced by 173 MMTs by 2020.
In 2007, the Legislature adopted Senate Bill 97 (SB 97) which requires the California Office of
Planning and Research (OPR) t"repar-e—and_transn it new C QA guidelines for mitiga#Gn------- ---
of GHG emissions or the effects of GHG emissions to the Resources agency by July 2009.
These guidelines for mitigation must address but are not limited to, GHG emissions and effects
associated with transportation and energy consumption.
On December 11, 2008, CARB adopted a scoping plan to reduce GHG emissions to 1990
levels. The Scoping Plan's recommendations for reducing GHG emissions to 1990 levels by
.2020 include, a cap-and-trade program linked to Western Climate Initiative partner jurisdictions,
green building strategies, recycling and waste-related measures, and Voluntary Early Action
and Reductions. CARB has until January 11, 2011, to adopt the necessary regulations to
implement that plan. Implementation of the plan must begin no later than January 1, 2012, so
that emission reduction target can be achieved by 2020.
Pnoe 28 of 65
141
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
In 2008, Senate Bill (SB) 375 was signed by Governor Arnold Schwarzenegger. SB 375
requires the CARB to develop regional GHG emission reduction targets to be achieved from
passenger vehicles, for 2020 and 2035. The 18 metropolitan planning organizations (i.e. SCAG)
are responsible to prepare a "sustainable communities strategy" to reduce the amount of vehicle
miles traveled (VMT) in their respective regions and demonstrate the ability for the region to
attain CARB's targets.
On January 8, 2009, OPR released its preliminary draft CEQA Guideline Amendments for GHG
emissions. Shortly thereafter in April, OPR submitted its final proposed guidelines to the
Secretary of Natural Resources. On March 18, 2010, the final proposed guidelines were
approved. In the CEQA Guideline amendments, the OPR does not identify a threshold of
significance for GHG emissions, nor does it specify an assessment methodology or specific
mitigation measure. Furthermore it states that a lead agency shall have discretion to determine
whether to: (1) Use a model or methodology to quantify GHG emissions resulting from a
project, and which methodology to use...; or (2) Rely on a qualitative analysis or performance
standards.
The OPR calls for a "good faith effort, based on available information, to describe, calculate or
estimate the amount of GHG emissions resulting from a project." The Amendments are
relatively modest and leave substantial discretion to lead agencies to evaluate and mitigate
GHG emissions in an environmental document. The Technical Advisory encourages lead
agencies to follow three basic steps: (1) identify and quantify the greenhouse gas emissions that
could result from the proposed project; (2) analyze the effects of those emissions and determine
whether the effect is significant, and (3) if the impact is significant, identify feasible mitigation
measures or alternatives that will reduce the impact below a level of significance.
In the' effort to develop the CEQA Guidelines Amendments, OPR's Technical Advisory has
asked CARB to recommend GHG-related significance thresholds. CARB released a draft
proposal in Oct, 2008 with interim guidance on significance thresholds. The proposal takes a
different approach for different sectors — (1) industrial projects and (2) commercial and
_ residential projects. A numerical threshold-for industrial orniectc of 10,000
eq/year has been devised by the SCAQMD, however for commercial and residential projects,
CARB recommends the consideration of performance standards which address energy usage
(transportation, water use, waste and construction) above Title 24 requirements.
Short-Term Construction Emissions
During the construction phase, GHG emissions will be released through the burning of fossil
fuels in construction equipment. During Phase 1 of construction, the Project's worst-case GHG
emissions are expected to be approximately 5, 629 pounds per day of CO2 equivalents. During
Phase 2 of construction, the Project's worst-case GHG emissions are expected to be
approximately 4,844 pounds per day of CO2 equivalents. There are no significant' criteria for
these emissions at this time. Given the scope of the Project in relation to the region
construction related GHG emissions would not be considered significant. Additionally,
142
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
implementation of Mitigation Measure GHG-01 would further serve to reduce potential impacts
to less than significant levels.
Mitigation Measure:
GHG-01 The following measures are recommended to further reduce vehicle emission
impacts during Project construction
a. Construction equipment shall be maintained in proper tune.
b. Utilize gasoline or electricity-powered equipment instead of diesel equipment
whenever possible.
c. Suspend use of heavy construction equipment during first stage smog alerts.
d. All construction vehicles shall be prohibited from excessive idling. Excessive
idling is defined as five minutes or longer.
e. Encourage use of "clean diesel" equipment if modified engines (catalyst
equipped or newer Moyer Program retrofit) are available at a reasonable cost.
Table 5
Construction Greenhouse Gas Emissions Ibs/da
CO2 N20 CH4
` (Ibs/day) (Ibs/day) (Ibs/day) (Ibs/day) (Ibs/day)
;. Activity CO2 EQ ICO2EQ
o Grading 1,599.96 0 0.00 0.17 3.57
Building
w Construction/Painting2,101.15 0 0.00 0.17 3.57
a Paving 1,916.11 0 0.00 0.22 4.62
a Total Ibs/da 5,617.22 0.00 0.00 0.56 11.76
Total (Teragrams CO2
equivalent) 0.00562898
CO2 N20 CH4
Activity (lbs/day) (Ibs/day) (lbs/CO 2EQ (Ibs/day) (CO2dEQ
m
CD Grading 1,476.12 0 0.00 0.21 4.41
Building
Construction/Painting 1,945.40 0 0.00 0.23 4.83
N
a Pavina 1,408.52 0 0.00 0.24 J 5.04
a Total Ibs/da 4,830.04 0.00 0.00 0.68 14.28
Total (Teragrams CO2
equivalent) 0.00484432
Source:RK Engineering Group,Inc.2011
' Pounds(Ibs)per day
2 See Appendix B of Study for GHG Emission Calculations
Paae 30 of 65
143
Environmental Initial Study
Barton Plaza
1
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Long-Term Operational Emissions
The projected GHG operational emissions are presented in Table 6. The Project site is
expected to produce on average 4,266 tons of COZ per year. These emissions include mobile
sources, electrical usage, and combustion of natural gas. The EPA estimates that
approximately 5% of the VMT's for the project would include CH4 and NZO emissions. It should
be noted that mobile source emissions will vary due to the fact there is existing traffic in the
area.
Table 6
Proposed Project Greenhouse Gas Emissions during Operation (MTPY')Z
COZ NZO CH4
N
mtpy CO2 mtpy CO2
Emission Source mtpy mtpy EQ mtpy EQ
CO
Mobile Source 1,379.2 0.00 0.006 0.055 1.15
NElectrical Usage 1.4 0.00 0.006 0.000. 0.00
= Natural Gas 0.0 0.0 0.00 0.0 0.0
a
Total (mtpy) 1,380.6 0.0 0.0 0.1 1.15
Total (Teragrams COZ
equivalent) 0.001382
COa NZO CH4
mtpy CO2 mtpy CO2
-- Emission Source mtpy mtpy EQ mtpy EQ
co
CO
Mobile Source 2,793.2 0.00 0.001 0.111 2.34
N
y Electrical Usage 88.1 0.00 0.566 0.002 0.04
a Natural Gas 0.0 0.0 0.00 0.0 0.0
a
Total (mtpy) 2,881.2 0.0 0.6 0.1 2.38
Total (Teragrams COZ
equivalent) 0.002884
n___ n• _s n -
144
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact - With Impact
Mitigation
Incorporated
CO2 N20 CH4
c7 mtpy CO2 mtpy CO2
_ mtpy mtPy EQ mtPY EQ
_ Emission Source
w to 4,172.4 0.0 3.5
-- Z Z Mobile Source
m O 89.5 0.0 0.6 0.0 0.0
y Electrical Usa e
v w Natural Gas 0.0 0.0 0.0 0.0 0.0
Total mt 4,261.8 0.0 0.6 0.2 3.5
O Total (Teragrams CO2 0.004266
equivalent)
Source:RK Engineering Group,Inc.2011
' Metric Tons Per Year
2 See Appendix B of Study for operational GHG emission calculations
3 See Appendix C of Study for Existing GHG emission calculations
In accordance with the 2007 AQMP, the emission levels'in California are estimated to -be
approximately 600 million metric tons of CO2 equivalents (Eq.) for 2010. At approximately 4,266
tons per year, the Project's emissions from operations represent less than 0.0007.percent of this
state's annual 2011 emissions budget. Applying the conversion factor of teragrams per year to
the CO2 Eq, the overall estimated GHG contribution to California's emission levels is .0043 Tg
CO2 as indicated in Table 6. At approximately 0.0043 CO2 Eq. per year, the Project operations
emissions represent less than 0.00008 percent of California's annual emissions budget.
Strategies that reduce California's overall emission levels include design features, and
operational procedures that aim to reduce energy consumption, reduce the generation of waste,
encourage recycling of resources, and reduce water usage. The Project will be required to
comply with standard regulations relating to water efficient landscaping, recycling during
construction, water quality treatment, and the California Building Code. In addition, the following
energy-efficient features are expected to be incorporated into the Project:
W algreens27 1
• An option of using a white roof membrane in building specifications.
• Energy usage exceeds ASHRAE 90.1-2004 standards by 17-23% depending 'on
location.
All Flooring meets either FloorScore or Green Guard standards for low VOC emissions.
LEED standards are met for fundamental refrigerant management and use all non-CFC
refrigerants._
Specified materials contain over 10% recycled content.
27 Email correspondence with Katie Rounds,Evergreen DevCo.,May 16,2011
Paae 32 of 65
145
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant ' Significant Impact
Impact With Impact
Mitigation
Incorporated
• Over 10% of specified materials originate from within a 500 mile radius of the store.
• HVAC system uses increased ventilation and complies with ASHRAE 55 standards for
thermal comfort. It also complies with minimum indoor air quality standards set forth by
ASHRAE 62.1-2004 standards. --
r'
• Lighting contains extremely low levels of mercury that qualify. for an Innovation Credit
according to LEED standards.
• Use of LED lighting in the store to reduce energy usage.
Market (the Market is expected to be Fresh & Easy)
• Skylights on Fresh & Easy buildings with overhead lighting that dims automatically as
ambient light levels increase from natural sources.
• Increased insulation, reducing the need for heating and air conditioning.
• Night shades on refrigeration cases to keep cool air from escaping.
• Hybrid parking spaces and bike racks for employees and customers.
• In-store recycling available for employees and customers.
• Secondary-loop system on refrigeration cases designed to capture and reuse cool air.
• LED lighting in external signage and freezer cases, reducing energy use.
• Water conserving plumbing fixtures.
• Buildings constructed from environmentally friendly materials.
• Low VOC emitting finishes and materials as part of creating indoor environmental quality
for customers and employees
• Fresh & Easy is a member of the California Climate Action Registry, California's only
voluntary registry for greenhouse gas emissions, and the Climate registry, a group that
standardized the measurement for .greenhouse gas emissions across North America.
www.climateregistry.org
• Every Fresh & Easy store recycles all of its display and shipping materials. _
• Sites that promotes community connectivity and are near residential development and
basic community services to promote walking and biking to reduce vehicular usage.
• Maximize water efficiency within the building to reduce the burden on municipal water
supply and wastewater systems.
• Design the building envelope, HVAC; lighting, and other systems.to maximize energy
performance that will comply with both California codes.28
The Project's expected operational emissions would represent less than 0.00008 percent of
California's annual emissions budget. This incremental contribution of potential climate Chane
impacts would be less than significant. However, as recommended in the Air Quality Study
28 Email correspondence with Katie Rounds,Evergreen DevCo.,May 26,2011
ze Mt. Vernon Avenue and Barton Road Commercial Center Air Quality Analysis RK Engineering Group,Inc. March 1,2011.
146
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
incorporation of Mitigation Measure GHG-02 would further reduce potential impacts to less
.than significant levels.
Mitigation Measure
- GHG-02 Encourage building construction design to exceed the minimum statewide energy
requirements of Title 24; this may include but is not limited to:
a. Use of low emission water heaters
b. Use of central air heating systems
c. Use of energy efficient appliances
d. Use of increased insulation
e. Use of energy-efficient parking lot lights
f. Use of lighting controls and energy efficient lighting.
Finding: Less Than a Significant With the Implementation of Mitigation.
b. Conflict with an applicable plan, O IRI ❑ ❑
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
As discussed in Section Vll.a, above, there are no established thresholds of significance for
greenhouse gas emissions. However, the Project's GHG operational emission levels represent
less than 0.00008 percent of California's annual emissions budget. This incremental contribution
of potential GHG emissions and the incorporation of Mitigation Measures GHG-01 and GHG-
02 would result in a less than significant impact.
Finding: Less Than a Significant With the Implementation of Mitigation.
Vill. HAZARDS AND HAZARDOUS MATERIALS—Would the project:
a. Create a significant hazard to the ❑ ❑
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
b. Create a significant hazard to the ❑ ❑ p ❑
public or the environment through
reasonably foreseeable upset-and
accident conditions involving the
release of hazardous materials into the
environment?
147
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Vill. a and b: The proposed Project would require the transport of potentially hazardous
materials (e.g., paints and fuels). The transport and use of hazardous materials during the
construction of the proposed Project would comply with applicable city, state, and federal
requirements, standards, and/or guidelines pertaining to the use of these substances. - -
Compliance with applicable hazardous material regulations would reduce any such potential
hazardous material impact to a less than significant level. The proposed Project is composed of
commercial and restaurant uses. The commercial operations may sell household chemicals in
small quantities and they may be used on site for store operations. It is not anticipated that.the
quantity or type of chemicals kept or transported to the site would cause a significant hazard in
relation to this issue. Hazardous substances associated with these uses are household
chemicals and may include cleaners, paint, and pesticides; however, these are typically found in
small quantities. Therefore, construction and operational impacts associated with this issue are
anticipated to be less than significant and no mitigation is required. 30
Finding: Less Than a Significant Impact. No mitigation is required.
c. Emit hazardous emissions or handle ❑ ❑ 2) ❑
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
The Project site is 0.26 miles north of Terrace Hills Middle School and less than a quarter mile
from the Grand Terrace Child Care Center. As discussed in Section Vlll.a above, construction-
and operation of the Project would include the use of potentially hazardous materials, such as
the transport and use of paints and fuels during construction, the use of cleansers and
pesticides associated with housekeeping and gardening activities and the sale of cleansers,
paints, batteries or pesticides. However, as concluded in Section Vlll.a it is not anticipated that
the quantity or type of chemicals kept, transported or used would cause a significant hazard in
relation to this issue. Therefore, a less than significant impact will occur.
Finding: Less Than a Significant Impact. No mitigation is required.
d. Be located on a site which is ❑ D O 0
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5
and, as a result, would it create a
significant hazard to the public or the
environment?
3
0 Barton Plaza Initial Study and Environmental Analysis,December 18,2008
Panp 'AS of 9.9;
148
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
The Project site is not included on the Department of Toxic Substance Control, Hazardous
Waste and Substance Site List31 compiled pursuant to Government Code Section 65962.5;
therefore no adverse impact will be created.
Finding: No Impact. No mitigation is required.
e. For a project located within an ❑ ❑ ❑ p
airport land use plan or, where such a
plan has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard for people residing or
working in the project area?
f. For a project within the vicinity of a ❑ ❑ ❑ p
private airstrip, would the project result
in a safety hazard for people residing
or working in the project area?
Vlll.e and f: Pursuant to the General Plan EIR32, no portion of the City is located within an
airport land use plan or within two miles of a public or private airport.
Finding: No Impact. No mitigation is required.
g. Impair implementation of or ❑ ❑ p ❑
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
The proposed Project would be designed, constructed, and maintained to comply with
applicable requirements related to emergency access and evacuation plans. Primary access to
---- the-Project-site-mmid-be-Ma-Bartorr--Road-arid-Mount Verr on venue. Inese roa ways will-----'--'----
remain open and unimpeded at completion of the Project. Britton Way was vacated in 2008 and
it will terminate at the west boundary of the Project site, eliminating through access to Mount
Vernon. However the San Bernardino County Fire Office of the Fire Marshal Community Safety
Division has reviewed the Project design and indicated that termination of Britton Way would not
impact fire services or access33, and have provided conditions of approval for the Project.
Construction activities, which may temporarily restrict vehicular traffic, would be required to
implement adequate and appropriate measures to facilitate the passage of persons and
71 California Department of Toxic Substance Control,
htto://www.envirostor.dtsc.ca.00v/oublic/search asp?cmd=search&rer)orttvoe=CORTESE&site tvoe=CSITES ERAP OPEN FUDS C
LOSE&status=ACT,BKLG COM&reoorttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST,site accessed May 2,2011.
32 City of Grand Terrace General Plan EIR,Appendix A,April 27,2010
33 Telephone conversation with Mark Anderson, Fire Prevention Specialist,October 2010.
1R -f ac
149
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
vehicles through/around any required road closures. Therefore, a less than significant impact
will occur.
Finding:Less Than Significant Impact. No mitigation is required.
h. Expose people or structures to a ❑ ❑ ❑ p
significant risk of loss, injury or death
involving wildland fires, including
where wildlands are adjacent to
urbanized areas or where residences
are intermixed with wildlands?
The Project site is not located within or in proximity to a designed Very High Fire Hazard
Severity Zone as shown on Exhibit 4F-1 of the General Plan. Additionally, construction of the
Project would be in accordance with current building and fire codes. Therefore, the potential for
a significant impact related to wildland fires is not expected to occur.
Finding: No Impact. No mitigation is required.
IX. HYDROLOGY AND WATER QUALITY—Would the project:
a. Violate any water quality standards ❑ ❑ 0 ❑
or waste discharge requirements?
The southeast corner of the Project site is developed and the remainder of the site is vacant.
The developer will also be subject to standard permitting requirements relating to water quality.
Any site disturbance of an acre or more is required to obtain an NPDES permit, which includes
the preparation of a Storm Water Pollution Prevention Plan (SWPPP). The purpose of the
SWPPP is to identify various best management practices (BMPs) that would prevent and
reduce construction-related pollutants from entering local drainage ways. These BMPs may
include the use of gravel bags, silt fences, hay bales, check dams, hydroseed, and soil binders.
The construction contractor will be required to operate and maintain these controls throughout
--- —the-duration--of-on-site-activities The-use-of-these-BMPswoutd-preventerosimf —om occurnng- -------
and construction-related sediment from entering nearby waterways.
The applicant has submitted a preliminary Water Quality Management Plan (WQMP) to address
post-construction water quality measures that will be put in place. Storm waters will be directed
to onsite catch basins that have filter devices in them to treat storm waters. Storm water is then .
conveyed to an underground storage filtration system at the northwest corner of the site. With
implementation of the identified BMPs in the WQMP, runoff from the Project site would be
reduced and flows would be treated before leaving the site; thereby maintaining existing water
quality. Other operational BMP's include regular inspection of the infiltration system and catch
basins, and regular upkeep of the site', such as litter pickup and parking lot sweeping.
.34 Water Quality Management Plan for Barton Plaza, Collins &Associates Engineering Inc. March 24, 2011
150
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Adherence to BMP's during and after construction would reduce potential water quality impacts
to a less than significant level.
Finding: Less Than Significant Impact. No mitigation is required.
b. Substantially deplete groundwater ❑ ❑ O ❑
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer
volume or a lowering of the local
groundwater table level (e.g., the
production rate of pre-existing nearby
wells would drop to a level which
would not support existing land uses
or planned uses for which permits
have been granted)?
The Project site is underlain by the Riverside-Arlington Sub basin of the Upper Santa Ana Valley
Groundwater Basin which encompasses approximately 58,600 acre.35 The project site would be
_ provided water service through an existing distribution system owned and operated by the
Riverside Highland Water Company. The RHWC provides domestic and irrigation water
services to the City of Grand Terrace, portions of the City of Colton, and portions of the
unincorporated areas of the Counties of San Bernardino and Riverside. The majority of the
Project site would be permanently covered with impermeable surfaces. This area represents
0.006 percent of the total area of the local groundwater basin's area. Therefore, the project
would not adversely interfere with groundwater recharge.
The Project would increase the overall demand for water within the RHWC service area.
However, build-out of the City has been considered and accounted for within the Urban Water
Management Plan (UWMP) prepared by RHWC. Re-designation of the northerly 0.75 acres
-- --fron-f-AP-to-BRSP-VE-wiN no"dvemeiy-affect-watersupptres-because-trotFrthL--curren"nd-------
proposed designations allow commercial uses, including the restaurant use proposed on this
portion of the site. Additionally, the Project has been reviewed by RHWC, and RHWC has
indicated that they can serve the Projecea. Therefore, the Project will not adversely impact
water supplies:
Finding: Less than Significant Impact. No mitigation is required.
35 Environmental Impact Report Grand Terrace Town Square Master Development Plan,July 27,2010.
'°Conversation with Don Hough,RHWC General Manager,May 3,2011.
Paae 38 of 65
151
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
c. Substantially alter the existing U0 191
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, in a
manner which would result in a
substantial erosion or siltation on-or
off-site?
d. Substantially alter the existing U C3 0
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or .
off-site?
IX c and d: There are no onsite streams or rivers. As identified in the Preliminary Hydrology
Study prepared for the Project, in the present condition, off-site runoff from the west side of
Mount Vernon Avenue flows onto Britton Way and is conveyed west. The east side of Mount
Vernon flows into an existing catch basin at the southeast corner of existing Britton Way and
Mount Vernon Avenue, which is then conveyed to Britton Way. Runoff from the north half of the
Project (north of Britton Way) and including runoff from the vacant land north of the Project site
flows .southwesterly to.Britton Way. The area with the existing commercial building flows to
Mount Vernon Avenue and is conveyed north, then ultimately onto Britton Way. The remainder
of the site flows northwesterly onto Britton Way. Thus, on and offsite runoff, eventually makes
its way to Britton Way where it flows westward to other catch basins in Britton Way continuing
through the storm drain system. 37
In the developed condition the site will be designed to match the drainage patterns,of the
existing condition. To adjust for the grade differences, retaining walls will be constructed along
__ the-north-and-w€.st-propertit hnea to-adjtst-€or-#%-elesure--Of Brtttan-Waq;a-new-storm-drain-Hne----------- --
and catch basins will be constructed to continue to convey runoff that enters from the Mount
Vernon Avenue to Britton Way, west of the Project site. All on site drainage will be conveyed
via onsite inlets and storm drain lines to the proposed underground filtration system at the
northwest corner of the site for water quality treatment, before discharging into Britton Way.
The proposed drainage pattern essentially matches the existing condition and therefore, it does
not result in adverse on or offsite erosion. As shown in the Preliminary Hydrology Study,
development of the Project site would result in an a slight increase in runoff of 0.2 cfs during a
.10 year storm event and of 0.3 cfs during a 100-year storm event, from the existing condition.
However, development in the City is required to design the Project so that post-development
"Preliminary Hydrology Study Grand Terrace Commercial Plaza,Collins&Associates Engineering,Inc.March 2011.
Pane 39 of 65
152
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant .Significant Significant Impact
Impact . With Impact
Mitigation
Incorporated
flows leaving the project site are not greater than pre-development runoff flow rates. Therefore,
this slight increase in post-development flows would be attenuated by the underground
treatment basins, which would not only treat runoff for water quality but to ensure that flows
leaving the site would be no greater than what currently exists. Therefore, impacts associated
with this issue would be less-than significant and no mitigation would be required.
Finding: Less Than Significant Impact. No mitigation is required.
e. Create or contribute runoff water ❑ ❑ 0 ❑
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff.
Refer to Sections IX c and d.
Finding: Less Than Significant Impact. No mitigation is required.
f. Otherwise substantially degrade ❑ ❑ 0 ❑
- water quality?
Refer to Section IX.a.
Finding: Less Than Significant Impact. No mitigation is required.
g. Place housing within a 100-year ❑ ❑ ❑ IZI
flood hazard area as mapped on a
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
h. Place within 100-year flood hazard ❑ ❑ ❑ 0
area structures which would impede or
redirect flood flows?
IX.g and h: No residential uses are associated with the Project. As depicted on Exhibit 4G-1 of
the General Plan EIR38, the Project site is not located within a Flood Hazard Zone. Therefore,
no adverse flooding impact to housing or structures will occur.
Finding: No Impact. No mitigation is required.
38 City of Grand Terrace General Plan EIR,Section 4G.3,April 27,2010
153
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation .
Incorporated
i. Expose people or structures to a ❑ ❑ ❑ p
significant risk of loss, injury or death
involving flooding, including flooding
as a result of the failure of a levee or
dam?
According to Exhibit 4G-1 of the General Plan EIR, the subject site is not located within a Flood
Hazard Zone. There are no major dams or levees located within the surrounding subject site
that would create significant risk of flooding if they were to fail.
Finding: No Impact. No mitigation is required.
j. Inundation by seiche, tsunami, or ❑ ❑ ❑ p
mudflow?
As discussed in the General Plan EIR (Appendix A)39, the City is not exposed to conditions
triggering inundation by seiche, tsunami or mudflow; therefore, no impact will occur.
Finding: No Impact. No mitigation is required.
X. LAND USE AND PLANNING—Would the project:
a. Physically divide an established ❑ ❑ ❑ p
community?
The 3.86-acre site contains an existing 6,900 square foot commercial building and the
remainder of the site is vacant. The north portion of the site is proposed to be re-zoned from
Administrative Professional (AP) to BRSP-Village Commercial (BRSP-VC). However, the AP
designation also allowed commercial uses; therefore, BRSP-VC land uses would be similar to
the AP designation, which in fact also allows market, retail and food service uses, and is
consistent with intended commercial land uses. Britton Way through the Project site was
previously vacated in 2008. The Project design would eliminate through access to create a
cohesive commercial center on commercially designated land. Therefore, the Project would not
—_ divide-an-estab is-hed-E -nity;and no significant impact will occur. No-mitigation Is required.
Finding: Less Than Significant Impact. No mitigation is required.
b. Conflict with any applicable land use ❑ ❑ p ❑
plan, policy, or regulation of an agency
with jurisdiction over the project
(including, but not limited to the
general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
39
City of Grand Terrace General Plan EIR,Appendix A,April 27,2010
E3-- . A A -S M-c
154
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than 'No
Significant Significant Significant Impact
Irr pact With Impact
Mitigation
Incorporated
mitigating an environmental effect?
The 3.6-acre Project site is designated General Commercial on the General Plan Land Use Map
and zoned BRSP-VC on the Zoning Map, with the exception of the northerly 0.75 acres, which
is currently, designated Office Commercial an J Administrative Professional, respectively, but for
which a general plan amendment, zone cha ige and specific plan amendment are proposed.
The zone change/specific plan amendment w uld include the 0.75 acres into the boundaries of
BRSP and change the zoning to BRSP-V ; and the general plan amendment would re-
designate the land to General Commercial, consistent with the remainder of the site. from Off,
The General Commercial Land Use designation is intended for general commercial uses to
serve the retail and service needs of the community. The BSRP-VC zoning designation is
intended to allow for varied types of commercial development such as cafes, bakeries, gift
shops, florist shops, bookstores, and other similar commercial retail uses of a scale and quality
that are compatible with a pedestrian-oriented village atmosphere. The proposed drug store,
grocery, retail and restaurant uses are consistent with the intended uses of both the General
Plan and BRSP-VC designation. Further, the incorporation of the 0.75 acres into the BRSP is
appropriate because it results in cohesive development of the commercial corner in terms of
land uses and development standards.
The Project promotes Land Use Element Policies 2.32 and 2.34 to maintain and develop the
commercial corridor and to avoid strip commercial projects; and Circulation Element Policy 3.1.7
to maintain LOS D at peak hours. The Project is consistent with Open Space and Conservation
Element Policies 4.8.1 and 4.8.2 regarding protection of water quality. Specifically, the City has
evaluated the Project in both the CEQA and Project-review process to identify and, address
potential point and non-point sources of groundwater contamination; enforcing compliance with
NPDES, WQMP, BMP and RWQCB requirements. The Project conforms to Noise Element
Policy 6.2.1 regarding potential noise impacts.because the Project has been evaluated for
potential noise impacts and appropriate mitigation is being applied. The Project promotes the
Sustainable Development Element in that recycling will incorporated during construction (Policy
9.2.2), and the Walgreens and the Market buildings promote energy efficiency (Policy 9.1.2).
---Therefore-,-the-Project-doerrrottonfiicYwith-any-tarn-use-pottcy-an ePtatk3h-adUp-ted-for tfie
purpose of avoiding or mitigating an environmental effect. No mitigation is required.
Finding: Less Than Significant Impact. No mitigation is required.
c. Conflict with any applicable habitat ❑ ❑ ❑ O
conservation plan or natural
community conservation plan?
The Project Site is not located within a habitat conservation plan, or natural community
conservation-plan area; therefore, no impact will occur.
Finding: No impact. No mitigation is required.
Page 42 of 65
155
Environmental Initial Study
Barton Plaza
l
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XI. MINERAL RESOURCES—Would the project:
a. Result in the loss of availability of a ❑ ❑ ❑ l]
known mineral resource that would be
of value to the region and the
residents of the state?
b. Result in the loss of availability of a ❑ ❑ ❑ p
locally important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
Xl.a and b: No significant mineral resources have been identified in the City40. Therefore, a
less than significant impact will occur.
Finding: No Impact. No mitigation is required.
XI1. NOISE—Would the project result in:
a. Exposure of persons to or ❑ 0 ❑ ❑
generation of noise levels in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies?
Implementation of the Project would create both short-term and long-term noise sources. The .
City's General Plan Noise Element establishes exterior noise levels of 65 dBA and interior noise
levels 45 dBA for residential land uses, and establishes noise/land use-compatibility noise levels
of conditionally acceptable at 60 dBA CNEL for residential land uses41.. The majority of the land
surrounding the project is commercial property; with residential land uses to the northwest and
across Mount Vernon to the east.
Short Term Impacts
Short-term noise impacts associated with on-site excavation, grading, and building construction
will occur during each phase of the Project. (Although the Project is phased, the entire site will
be graded at one time.) Short-term construction-related noise levels would be higher than
existing ambient noise levels in the project area today but would no longer occur once
construction activities have been completed.
40 City of Grand Terrace General Plan EIR,Appendix A,April 27,2010
4'Grand Terrace General Plan Noise Element,April 27,2010
n--- IA _l..r
156
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
As discussed in the original Initial Study42, construction is completed in discrete steps, each of
which 'has its own mix of equipment and, consequently, its own noise characteristics. These
various sequential phases would change the character of the noise generated on the site and,
therefore, the noise levels surrounding the site as construction progresses. Despite the variety
in the type and size of construction equipment, similarities in the dominant noise sources and
patterns of operation allow construction-related noise ranges to be categorized by work phase.
The site preparation phase, which includes excavation and grading of the site, tends to generate
the highest noise levels because the noisiest construction equipment is typically earthmoving
equipment. Earthmoving equipment includes excavating machinery, such as backfillers,
bulldozers, draglines, and front loaders. Earthmoving and compacting equipment includes
compactors, scrapers, and graders.
Construction of the proposed Project is expected to require the use of earthmovers, bulldozers,
and water and pickup trucks. The maximum noise level generated by each earthmover on the
proposed project site is assumed to be 88 dBA Lmax43 at 50 feet from the earthmover. Each
bulldozer would also generate 88 dBA Lmax at 50 feet. The maximum noise level generated by
water and pickup trucks is approximately 86 dBA Lmax at 50 feet from these vehicles. Each
doubling of the sound sources with equal strength increases the noise level by 3 dBA. Assuming
that each piece of construction equipment operates at some distance from the other equipment,
the worst-case combined noise level during this phase of construction would be 91 dBA Lmax at
a distance of 50 feet from the active construction area.
The residences nearest to the project site are within 50 feet of the northwest Project site
boundary. These residences may be subject to short-term, intermittent noise generated by
construction activities on the project site. Construction-related noise impacts from the proposed
project would be above the City's identified exterior and interior noise levels of 65 dBA CNEL
and 45 dBA CNEL. However, Section 8.108.040.D. of the City's Noise Ordinance exempts
noise sources associated with construction or grading, provided those activities do not occur
between the hours of eight p.m. and seven a.m. on weekdays, including Saturday; or at any
time on Sunday or a national holiday. Nevertheless, to minimize potential short term noise
impacts to adjacent residential uses, Mitigation Measures NOS-1 through NOS-04 have been
incorporated into the Project to reduce short term noise impact to less than significant levels.
Mitigation Measures
NOS-01: During all Project site excavation. and grading on site, the project contractors
shall equip all construction equipment, fixed,or mobile, with properly operating
and maintained mufflers consistent with manufacturers' standards.
NOS-02: The Project contractor shall place all stationary construction equipment so that
emitted noise is directed away from sensitive receptors nearest the project site.
42 Barton Plaza Initial Study and Environmental Analysis,December 18,2008
43 dLmax=The maximum sound level
Paae 44 of 65
157
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
NOS-03: The construction contractor shall'locate equipment staging, building materials,
and grading debris a minimum of 50 feet from the west property line during all
Project construction:
NOS-04: On-site construction activities shall be restricted to the hours permitted under the
City's Noise Ordinance. The Noise Ordinance prohibits noise associated with
construction activities between the hours of eight p.m. and seven a.m. on
weekdays, including Saturday, or at any time on Sunday or a national holiday.
Long-Term Impacts
Potential long-term stationary noise impacts would primarily be associated with operation of
proposed onsite uses. The proposed on-site commercial uses would generate noise from truck
delivery, loading/unloading activities at the loading areas, and other noise-producing activities at
the parking lots, such as speakerphone usage. These activities are potential noise point
sources that could affect noise sensitive receptors such as existing residential to the northwest
and northeast of the Project site; however they are intermittent uses that vary with operation of
the uses.
Noise levels from the proposed Project are not anticipated to have a significant impact to the
nearest sensitive land uses (residential). The worst case unmitigated noise level from the
project site would range from 58.7 (residential to the west) to 59.0 (commercial uses to the
west) dBA Leq during daytime hours. Although this represents an increase in noise levels, the
noise levels do not exceed the City's noise level thresholds of 65 dBA (exterior) for residential
land uses, or the Noise/Land Use Compatibility Index which finds that noise levels less than 60
dBA are generally acceptable. Further, with the incorporation of the following mitigation
measures, stationary noise levels will be further reduced to less approximately 56 dBA.
Therefore, with incorporation of Mitigation Measures NOS-05 through NOS-7, a less than
significant noise impact will occur.
__-- -- Mitigation Measur .
NOS-05: A six-foot high shielding wall shall be constructed along the northwest corner
property line (adjacent to residential units) and along the Market (Phase II)
loading dock.
NOS-06: Truck deliveries and loading dock activity shall be limited to between the hours of
7:00 AM to 9:00 PM.
NOS-07: Deliveries should limit their engines to. idle 5 minutes or less. Trucks should be
encouraged to turn off engines once they reach loading dock destination.
Finding: Less Than Significant Impact with Implementation of Mitigation
Donn AS;r%f AR
158
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
b. Exposure of persons to or ❑ ❑ p ❑
generation of excessive groundbourne
vibration or groundbourne noise
levels?
Vibration refers to groundborne noise and perceptible motion. Some common sources of
ground-borne vibration are trains, buses on rough roads, and construction activities such as
blasting, pile-driving and the operation of heavy earthmoving equipment. The rumbling sound
caused by the vibration of equipment during construction building structures is referred to as
ground-borne noise.
The Project site is not near a rail line, and roadways in the Project area are paved and would
not result in traffic driving over rough roads. Construction activities for the Project site do not
include blasting or pile driving. The primary vibratory source during the construction of the
proposed project would be large bulldozers. The primary receptors of potential groundborne
vibration impacts are the residences to the west during grading operations. However, any
groundborne vibration generated will be short term limited to during grading. Additionally,
grading and construction activities are regulated by the City's Municipal Code. Therefore,
adherence to Municipal Code Section 8.108.040.D which prohibits vibration created by
construction activities between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday,
and at any time on Sunday or a national holiday, will reduce impacts to a level below
significance and no mitigation is required.
Finding: Less Than Significant Impact. No mitigation is required.
c. A substantial permanent increase in ❑ ❑ p ❑
ambient noise levels in the project
vicinity above levels existing without
the project?
Roadway traffic along Barton Road and Mount Vernon would be the main source of off-site _
roadway noise impacting the Project site. The projected build-out average daily traffic volumes
taken from the Traffic Impact Analysis were used to predict the exterior noise levels for the
Project. The General Plan EIR indicates that the normally acceptable exterior residential noise
standard is 65 dBA CNEL. A significant impact would be created if Project-generated traffic
does not exceed the 65 dBA threshold but adds 5 dBA CNEL or more to existing noise levels`.
Although the Project will be phased, noise level increases were tabulated at Project build-out
conditions. Project-generated traffic will create noise levels of 65.6 dBA CNEL from the
centerline of Barton Road and 64.0 dBA CNEL from the centerline of Mount Vernon Avenue.
This results in an increase of 1.5 dBA CNEL and 1.6 dBA CNEL, respectively.45 Noise level
increases are less than 5 dBA CNEL; further, exterior noise levels for the residential uses will
as Grand Terrace General Plan Noise Element,April 27,2010
as Mt. Vernon Avenue and Baton Road Commercial Center Acoustical Study,RK Engineering Group,Inc.March 22,2011
Paae 46 of 65
159
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact .
Impact With Impact
Mitigation
Incorporated
not be greater than 65 dBA because the residential uses located on Britton Way are over 100
feet from the centerline of Barton Road. Thus, a significant impact will not be created.
Finding: Less Than Significant Impact with Implementation of Mitigation.
d. A substantial temporary or periodic ❑ ❑ ❑
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
Refer to response to XII a. above.
Finding: Less Than Significant Impact with Implementation of Mitigation.
e. For a project located within an ❑ ❑ ❑ 191
airport land use plan or, where such a
plan has not been adopted, within two
miles of a public airport or public use
airport, would the project expose
people residing or working in the
project area to excessive noise levels? —
f. For a project within the vicinity of'a ❑ ❑ ❑ El
private airstrip, would the project
expose people residing or working in
the project area to excessive noise
levels?
XII. a and f: Pursuant to the General Plan EIR", no portion of the"City is located within an
airport land use plan or within two miles of--a public'or private airport. Therefore, no airport
related noise impacts will occur.
-- in ing: No Impact. No mitigation is required.
XIII. POPULATION AND HOUSING —Would the project:
a. Include substantial�population ❑ ❑ ❑ 0
growth in an area, either directly (for
example, by proposing new homes
and businesses) or indirectly (for
example, through extension of roads
or other infrastructure)?
Ae City of Grand Terrace General Plan EIR,Appendix A,April 27,2010
Paae 47 of 65
160
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
The Project site is located within an existing suburban area. The area surrounding the site.is
currently developed with similar commercial uses and existing residential uses. The existing
commercial use is served with all utilities. Gas, electricity, water, and wastewater lines are
located in an immediately accessible area within existing adjacent roadways and within the
Project site. Because the proposed Project would be constructed in an area currently fully
serviced by roadway and utility infrastructure, the Project would not induce, either directly or
indirectly, growth not previously anticipated by the City or local utility providers.
Finding: No Impact. No mitigation is required.
b. Displace substantial numbers of ❑ ❑ ❑ p
existing housing, necessitating the
construction of replacement housing
elsewhere?
c. Displace substantial numbers of ❑ ❑ ❑ H]
people, necessitating the construction
of replacement housing elsewhere?
Xlll.b. and c.: The 3.86-acre Project site contains one commercial structure and the remainder
of the site is vacant. No aspect of the Project will displace housing or people.
Finding: No Impact. No mitigation is required.
XIV. PUBLIC SERVICES
a. Would the project result in
substantial adverse physical impacts
associated with the provision of new or
physically altered governmental
facilities, need for new or physically
afte[ed_governmental facilities the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
i. Fire protection? 0 ❑ 0 ❑
Fire protection services for the City are provided by the San Bernardino County Fire Protection
District (County Fire). Primary fire protection services are operated from the City's only fire
station, Station 23 located at 22582 Center City Court in Grand Terrace. This station is staffed
by three full-time fire personnel during the fire season (May 1 through November 30) and by two
fulitime fire personnel during the non-fire season (December 1 through April 30). The full time
Pane 48 of 85
161
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
personnel are augmented by an on-call company of 20 paid call firefighters who respond to fire
and rescue calls and provide response coverage to the station when on-duty personnel are
committed to an emergency call. Equipment stationed at Station 23 includes a Type 1 Fire
Engine, Type 3 Rescue, Type 2 Squad Truck, and a shoring trailer. The City of Grand Terrace is
located in one Fire Demand Zone. The combined average response time is 5 minutes, 23
seconds. All fire personnel and facilities of County Fire are available to the City's contract fire
services. In the event of an emergency that challenges existing capabilities, the City of Grand
Terrace may also request assistance from surrounding jurisdictions pursuant to established
mutual aid agreements.
Development of the proposed Project may incrementally increase the demand for fire protection
services. The proposed Project would be designed and constructed per applicable fire
prevention/protection standards, including the determination of the water supply to meet fire flow
requirements. Fire Department personnel have reviewed the proposed Project including site
plans and determined that the project can be served and have established conditions of
approval for fire protection service 48. Therefore, impacts related to the provision of fire protection
services are less than significant and no mitigation is required.
Findings: Less Than Significant Impact. No mitigation is required.
❑ ❑
ii. Police protection?
0 ❑
Police services to the Project area would be provided by the San Bernardino County Sheriffs
Department (SBCSD). Development of the proposed commercial and restaurant uses may
result in an incremental increase in demand for police protection services. Sheriffs Department
Sher
personnel have reviewed the proposed Project and no service issues were identified 49
Therefore, impacts related to the provision for police protection services to a less than
significant level
Findings: Less Than Significant Impact. No mitigation is required.
iii. Schools?
School facilities and services are provided by the Colton Joint Unified School District (CJUSD).
While the commercial Project will not generate students, it is subject to the payment of
development, which are currently assessed at $0.47 per square foot' of commercial
development.50 These fees would go to CJUSD 'to compensate for the impacts of the
commercial uses on local school capacity and the maintenance of adequate classroom seating
and facilities. Therefore, a less than significant impact would occur and no mitigation is required.
41 Grand Terrace General Plan April 27,2010.
48 San Bernardino County Fire Conditions of Approval,May 5,2011
49 Email Correspondence from Sergeant Finneran,April 21,2011
so Correspondence from Daryl Taylor,Director,Facilities Planning&Construction,April 8,2011
Page 49 of 65
162.
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With
Mitigation
Incorporated
Findings: Less Than Significant Impact. No mitigation is required.
❑ ° o °
iv. Parks?
�- The proposed commercial use is subject to�Chapter
project do nloper ot di ectPlyct Fees)generatef populati n.
the Grand
Terrace Municipal Code. Although con P
increases, developers of commercial projects
of lts pay
into
the
Parkland
f$0.51 per
Acquisition Fund for the future acqu parkland and open space. Payment o
square foot of commercial space satisfies the developer's impact to parks. Therefore, a less
than significant impact would occur and no mitigation is required.
Findings: No Impact. No mitigation is required.
v. Other public facilities?
The proposed project would result in the development of an approximately 37,700 square foot
enger cr trips on lol roads. Chapter
commercial center and would increaedCode Irequi pass es theaasses ment aof T affic Signal
4.80 of the Grand Terrace Municipal
Improvement and Arterial Improvement Fees to fund of designatedtstreetsstThe City determines on of traffic thetiming
which will improve the carrying capacity
_ of necessary roadway improvements to
the Cure ha's construction
perfo mince standards t improvements
that
occurs before the LOS degrades bey tY
significant impacts are avoided.
Pursuant to Chapter 4.80 of the Municipal Code,
the developer is also required to pay General
eneral
Facilities impact fees, which will be ith the deman acquire
d from additio construct
nal additional
res'ide tsgand bus nesses.
vehicles and equipment to contend wll
To offset the increase in storm runoff created ed ll be du used to nt theextend the eveIoper sameNlevell of d ainage
subject
to Storm Drainage impact fees, which
protection currently provided to existing development. ---- --
No mitigation is required.
Findings: No impact. No mitigation is required.
XV. RECREATION ❑ ❑ ❑ 0
a. Would the project increase the use
of existing neighborhood and regional
parks or other recreational facilities
such that substantial physical
deterioration of the facility would occur
or be accelerated?
Page 50 of 65
163
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
b. Does the project include ❑ ❑ ❑ p
recreational facilities or require the
construction or expansion of
recreational facilities which might have
an adverse physical effect on the
environment?
XV.a and b: The 3.86-acre Project site contains an existing 6,900 square foot commercial
structure and the remainder of the site is vacant. The Project site is intended for commercial
uses and the Project entails the construction of a commercial center. The Project does not
contain nor propose any residential uses that would increase the number of residents that would
utilize recreational facilities. Therefore, no impact to parks or other recreational facilities would
occur and no mitigation is required.
Finding: No Impact. No mitigation is required.
XVI. TRANSPORATIONITRAFFIC -Would the project:
a. Cause an increase in traffic which is ❑ 0 ❑ ❑
substantial in relation to the existing
traffic load and capacity of the street
system (i.e., result in a substantial
increase in either the number of
vehicle trips, the volume to capacity
ratio on roads, or congestion at
intersections)?
A Traffic Impact Study was prepared by RK Engineering Group, Inc. to analyze Project-
generated impacts. Because the Project is proposed to be constructed in two phases, the
Study analyzed traffic impacts associated with development of Phase 1 (Walgreens and
renovation of existing building) and traffic impacts associated with build-out, which includes
Phases -deveta-pnwt-arfd development of Phase 2 (Market an new 5, 0 square-food------
building). Phase 1 of the Project will generate a total net increase of 1,202 daily trips, and
Project build-out would generate a net increase of 2,529 daily trips.51
5'Mount Vernon Avenue and Barton Road Commercial Center Traffic Impact Study,RK Engineering Group,Inc.June 9,2011.
Pana R1 of AS;
164
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant. Impact
Impact With Impact
Mitigation .
Incorporated
Table 7
Phase 1 and Project Build-out (Phase 1 & 2)Trip Generation
L Peak Hour
�= ° AM PM
Condition In Out Total In Out Total Daily
r t� Proposed 20 15 35 67 67 134 .1,202
a P
Net Total
Peak Hour
N �
Cd .°
a AM PM
c
H Condition In Out Total In Out Total Daily
m
a Proposed 62 49 111, 137 127 264 2,529
Net Total
Source:RK Engineering Group,Inc.2011
The City's General Plan Circulation Element requires that all intersections operate at a level of
Y service (LOS) of D or better. Any intersection operating at an LOS of E or F would be deficient
Fourteen study intersections were included in the Traffic Impact Study. These intersections are
currently operating at acceptable levels of service.
The Traffic Study evaluated LOS for the 14 intersections for Phase 1 Year 2012, shown in Table
8 and for Project build-out Year 2016 (Phase 1 and 2) , shown in Table 9.
Paae 52 of 65
165
Environmental Initial Study
Barton Plaza
Potentially, Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Table 8
Opening Year 2012 Levels of Service (Phase 1)
Levels of Service
Intersections Without Project With Project
AM PM AM PM
1-215 Southbound Ramps @ Barton Road D F D F
With Mitigation C C
1-215 Northbound Ramps @ Barton Road A B A B
Michigan Street @ Barton Road (CMP) C E D F
With Mitigation B D
Canal Street @ Barton Road (CMP) B B B B
Project Access 1 @ Barton Road N/A N/A B C
Project Access 2 @ Barton Road N/A N/A B B
Mount Vernon Avenue @ Washington Street B B B B
Mount Vernon Avenue @ 1-215 Northbound Ramps C B D B
Mount Vernon Avenue @ Grand Terrace Road C C C C
Mount Vernon Avenue @ Project Access 3 C B B C
Mount Vemon Avenue @ Barton Road (CMP) C C C C
Mount Vernon Avenue @ De Berry Street B B. B B'
Mount Vernon Avenue @ Van Burn Avenue B C B C
Mount Vernon Avenue @ Main Street C C C C
Source:RK Engineering Group,Inc.2011
Panes .riA of RR
166
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
t
Table 9
Project Build-out Year 2016 Levels of Service (Phase 1 and 2)
Levels of Service
Intersections Without Project With Project
AM PM AM PM
I-215 Southbound Ramps @ Barton Road D F D F
With Mitigation C D
1-215 Northbound Ramps @ Barton Road A C A B
Michigan Street @ Barton Road (CMP) D F D F
With Mitigation 6 D
Canal Street @ Barton Road (CMP) B B B B
Project Access 1 @ Barton Road N/A N/A B D
Project Access 2 @ Barton Road. N/A N/A B B
Mount Vernon Avenue @ Washington Street B B B B
Mount Vernon Avenue @ 1-215 Northbound Ramps C B C B
Mount Vernon Avenue @ Grand Terrace Road C C C C
Mount Vernon Avenue @ Project Access 3 C C B C
Mount Vernon Avenue @ Barton Road (CMP) C C C C
Mount Vernon Avenue @ De Berry Street C B B B
Mount Vernon Avenue@ Van Burn Avenue B C B C
Mount Vernon,Avenue @ Main Street C D C D
Source:RK Engineering Group,Inc.2011
-- As-shawrT above,-twa-fintei Ions , - South bound amps al-rtonRoad, and Michigan
Street @ Barton Road)would operate at unsatisfactory LOS during the PM peak hours at Phase
1 Year 2012 without development and with development of Phase 1 of the Project. The same
two intersections would also operate at unsatisfactory LOS during the PM peak hours at Project
Build-out Year 2016 without Project Build-out and with Project build-out of both Phase 1 and 2.
It should be noted that these two intersections would operate at unsatisfactory LOS even
without the Phase 1 and Project Build-out (Phase 1 and 2); nevertheless, mitigation is required
due to the Project's incremental increase to traffic volumes. Implementation of Mitigation
Measures TRANS-01 through TRANS-05, will result in satisfactory LOS, as shown in Tables 8
and 9, above, and a less than significant impact will occur.
Paae 54 of 65
167
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Mitigation Measures—Phase 1:
TRANS-01 Prior to the issuance of grading permits for Phase 1 of the Project, the Developer
shall participate in a fair-share contribution,'via the payment of Development
Impact Fees, for the construction of a southbound left turn .lane and an
eastbound thru lane at the 1-215 Southbound Ramps and Barton Road.
TRANS-02 Prior to the issuance of grading permits for Phase 1 of the Project, the Developer
shall participate in a fair-share contribution; via the payment of Development
Impact Fees, for the construction of a northbound left-turn lane and Michigan
Street and Barton Road.
TRANS-03 The Developer shall complete any remaining half-section street improvements
along Mount Vernon Avenue and Barton Road, directly adjacent to the Project
boundaries.
TRANS-04 The Developer shall submit a signing and striping plan prior to the issuance of
grading permits, and signing and striping shall be completed prior to issuance of
a certificate of occupancy of Phase 1.
Mitigation Measures—Project Build-out(Phase 1 &2):
TRANS-05 Prior to the issuance of building permits for Phase 2 of the Project, the Developer
shall implement Mitigation Measures TRANS-01 and TRANS-04, if not already
completed.
Finding: Less Than Significant Impact with Implementation of Mitigation Measures.
b. Conflict with an applicable 0 I] ❑
congestion management program,
including, but not limited to level of
-- SE R R—Te s ar s an rave eman
measures, or other standards
established by the county congestion
management agency for designated
roads or highways?
The Project is required to conform to the requirements of the San Bernardino Congestion
Management Program (CMP), administered by SANBAG. In accordance with the CMP Nexus
Study, the City 'has adopted its current transportation development impact fee program. In
accordance with City regulations, the Developer is subject to the payment of Traffic Signal
Improvement and Circulation Improvement Fees.
Page 55 of 65
168
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
Three of the fourteen study intersections are CMP intersections: Michigan Street at Barton
Road, Canal Street at Barton Road and Mount Vernon Avenue at Barton Road.
Consistent with the CMP, the City has adopted an acceptable LOS of D. As shown Tables 8
and 9, the CMP intersection of Michigan Street and Barton Road will operate at unsatisfactory
levels with implementation of Phase 1 - Year 2012 and at Project Build-out-Year 2016 (Phase 1
and 2). Although, not a CMP intersection the same Tables show that the intersection of the
1-215 Southbound ramps at Barton Road would also operate at unsatisfactory LOS. However,
incorporation of Mitigation Measures TRANS-01 through TRANS 05, above, will reduce
impacts intersection impacts to less than significant levels.
Finding: Less Than Significant Impact with Implementation of Mitigation Measures.
c. Result in a change in air traffic
patterns, including either an increase
in traffic levels or a change in location
that results in substantial safety risks?
Pursuant to the General Plan EIR, no portion of the City is located within an airport land use
plan or within two miles of a public or private airport.
Finding: No Impact. No mitigation is-required.
d. Substantially increase hazards due ❑ ❑ ❑
to a design feature (e.g., sharp curves
or dangerous intersections) or
incompatible uses (e.g.,farm
equipment)?
The Project is fronted by Barton Road on the south and Mount Vernon Avenue on the east. The
Project will have three access points: Project Access 1 is the westerly driveway on Barton_RQad___-._--- --
---airyd-ftuil turning movemen s are proposed at this intersection, Project Access 2 is the easterly
driveway on Barton Road, which is limited to right turn in and right turn out movements and
Project Access 3 is the driveway at Mount Vernon Avenue with full turning movements. As
shown in Tables 8 and 9, above, Project-intersections will operate at satisfactory levels of
service. However, the design of the access points for the Project must provide adequate site
distance and traffic control measures. Therefore, as identified in the Traffic Impact Studyb2,
Mitigation Measures TRANS-06 through TRANS-11 would ensure that impacts related to this
issue remain less than significant.
Mitigation Measures —Phase 1:
52 Ibid.
Page 56 of 65
169
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
TRANS-06 Construct on-site circulation system per the detailed site plan, including the
phasing plan.
TRANS-07 Install stop signs, stop bars, and stop legends at all Project access points.
TRANS-08 Install one (1) southbound left/right turn land and one (1) eastbound left turn lane
at Project Access 1 at Barton Road.
TRANS-09 Install one (1) southbound right turn lane at Project Access 2 at Barton Road.
TRANS-10 Install one (1) northbound left turn lane at Mount Vernon Avenue and Project
Access 3.
Mitigation Measures-Project Build-out(Phase 1 &2):
TRANS-11 Prior to the certificate of occupancy, the Developer shall implement Mitigation
Measures TRANS-05 and TRANS-10, if not already completed.
e. Result in inadequate.emergency ❑ ❑ 0 ❑
access?
Emergency access to the site will be via Barton Road and Mount Vernon Avenue. The site plan
shows that Britton Way will terminate at the west boundary of the Project site and through traffic
will no longer be able to access Mount Vernon Avenue. Emergency access to the uses west of
the site will still be available via Canal Street, Terrace Pines Drive and Chaparral Lane. The
San Bernardino County Fire Office of the Fire Marshal Community Safety Division has reviewed
the Project design and indicated that termination of Britton Way would not impact fire services or
access5. and have provided conditions of approval for the Project. Therefore, a less than
significant impact will occur
--__ -FiindingrLess-Thar-Significant-impact-.-No-mitigation-is ------- -
f. Result in inadequate parking ❑ ❑ ❑ 0
capacity?
As required by Chapter 18.60 Off-Street Parking of the City's Zoning Code, 180 parking spaces
are required to serve on site uses and 182 are proposed to be provided. Further, 102 spaces
are required to support Phase 1 (drug store and existing commercial building uses, and 144
spaces will be provided. With the completion of Phase 2 (grocery store, pad building) the
remaining 38 spaces will be constructed. Therefore, no impact will occur.
Finding: No Impact. No mitigation is required.
53 Telephone conversation with Mark Anderson,Fire Prevention Specialist,October 2010.
Page 57 of 65
170
Environmental Initial;Study
Barton Plaza
Potentially Less Than Less Than No
Significant 'Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
g. Conflict with adopted policies, plans, ❑ ❑ 0 ❑
or programs regarding public transit,
bicycle, or pedestrian facilities, or
otherwise decrease the performance
or safety of such facilities?
Public transit in the City is provided by Omnitrans, which operates OmniGo Route 325. OmniGo
Route 325, generally runs along Barton Road and connects residents to locations such as the
Grand Terrace Senior Center, Loma Linda University Medical Center, City Hall, Pettis Veterans'
Hospital, and the future Grand Terrace High School. Development of the site will not impact
bus service along Barton Road, nor will it impact' pedestrian or bicycle transportation.
Therefore, a less than significant impact will occur.
Finding: Less Than Signifcant Impact. No mitigation is required.
XVII. UTILITIES AND SERVICE
SYSTEMS—Would the project:
a. Exceed wastewater treatment ❑ ❑ ❑
requirements of the applicable
Regional Water Quality Board?
Developed uses will connect to the public sanitary sewer system, which are maintained by the
City of Grand Terrace. Wastewaters are conveyed through sewer main lines to the City of
Colton Wastewater Treatment Facility. The City of Colton owns, operates and maintains a
wastewater collection, pumping and treatment system. The wastewater treatment plant also
serves the City of Grand Terrace and unincorporated County areas. The plant utilizes a
conventional and extended aeration secondary treatment process to product treated effluent in
compliance with Regional Water Quality Control Board regulations.55 Therefore, the Project will
not adversely impact RWQCB regulations relating to wastewater.
Finding: Less Than Significant Impact. No mitigation is required. _-----
b. Require or result in the construction ❑ ❑ ❑
of new water or wastewater treatment
facilities or expansion of existing
facilities, the construction of which
could cause significant environmental
effects?
The Project will connect to the public sanitary sewer system which conveys wastewater to the
City of Colton wastewater treatment facility. The City contracts with the City of Colton for
u Omnitrans.http://www.omnitrans.ora/index.shtmi,accessed May 31,2011.
es City of Colton Water Department htto://www.ci.colton.ca.uslwwd.htmi.May 31,2011
Page 58 of 65
171
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
wastewater treatment. Current capacity at this facility is 6.4 million gallons per day (mgd) with
an existing inflow of approximately 5.0 mgd. For current conditions, the average daily surplus
treatment capacity is approximately 1.4 mgd.58 Based on a wastewater generation factor of 80
gallons of wastewater per 1,000 square feet of restaurant use and 300 gallons of wastewater
per 1,000 square feet of commercial use per day, the proposed Project would increase
wastewater flows in local conveyance and treatment facilities by approximately 2,727 gallons
per day, or 0.0027 mgd 57. The additional wastewater treatment demand of 0.0027 mgd
expected to be generated by the Project totals approximately 0.20 percent of the current surplus
capacity.
The Project site is served by the Riverside Highland Water Company (RHWC). Existing water
mainlines are located within Mount Vernon Avenue, Barton Road, and vacated Britton Way. A
easement for public utilities has.been retained with the Britton Way vacation for water and
sewer main lines. The easement and utility lines are proposed to be shifted slightly towards the
north within the Project site; however, they would still connect to the main lines within Britton
Way to the west of the site. This relocation of the water main line was discussed with General
Manager Don Hough, who indicated that the relocation would be feasible, and subject to review
of improvement plans. Additionally, Mr. Hough indicated that sufficient water supplies exist to
serve the Project5B. Therefore, a less than significant impact will occur.
Finding: Less Than Significant Impact. No mitigation is required.
c. Require or result in the construction ❑ ❑ p ❑
of new storm water drainage facilities
or expansion of existing facilities, the
construction of which could cause
significant environmental effects?
Development of the commercial center includes shifting a segment of an existing storm water
main line within the Project boundaries approximately 50 feet to the north of its current location.
The new storm drain main line would remain within the Project site. The new segment will
_ connect with the existing storm drain main line to the west of the-Project-site A-sedes_of_Wets______
and storm lines within the development will convey onsite storm waters to the main line;
however, the Project will not require the expansion of existing or construction of new public
storm drain lines that would cause significant environmental effects. Therefore, no mitigation is
required.
Finding: Less Than Significant Impact. No mitigation is required.
d. Have sufficient water supplies ❑ ❑ p ❑
58 Environmental Impact Report Grand Terrace Master Development Plan,July 27,2010
57 Barton Plaza Initial Study and Environmental Analysis,December 18,2008
58 Direct conversation with Don Hough,Grand Terrace City Hall,May 3,2011.
Page 59 of 65
172
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed?
Refer to XVll.b above.
Finding: Less Than Significant Impact. No mitigation is required..
e. Result in a determination by the ❑ ❑ 0 ❑
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project's projected demand in addition
to the provider's existing
commitments?
Refer to XVll.b above.
Finding: Less Than Significant Impact. No mitigation is required.
f. Be served by a landfill with sufficient ❑ ❑ [] ❑
permitted capacity to accommodate
the project's solid waste disposal
needs?
Solid waste collection services in the City are provided under a franchise agreement with
Burrtec Waste Industries, Inc. Solid waste from the City, which includes the project site, would
be collected and transported to the San Timoteo Landfill in the City of Redlands. The San
Timoteo Landfill is permitted to accept a maximum of 1,000 tons of solid waste per day with
average daily disposal rates at the landfill totaling approximately 593 tons/day59. This would
result in an excess daily capacity of approximately 407 tons/day at the San Timoteo.
Based on this solid waste generation, the propose on-site uses wou gees erate approximately---- —
2,448 pounds (1.22 tons) of waste per day. Waste generated from the proposed Project would
be approximately 0.12 percent of the daily permitted throughput and approximately 0.29 percent
of the daily existing surplus capacity. As a substantial daily surplus capacity exists at the San
Timoteo landfill, development of the proposed Project would not significantly impact current
operation or the expected lifetime of this facility. Therefore, a less than significant impact is
anticipated to occur and no mitigation is required.so
Finding: Less Than Significant Impact. No mitigation is required.
59 htto•//www calrecycle ca aov/Profiles/Facility/Landfill/LFProfilel.aso?COID=36&FACID=36-AA-0087 date accessed May 11,2011.
80 Barton Plaza Initial Study and Environmental Analysis,December 18,2008
Page 60 of 65
173
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
g. Comply with federal, state, and local ❑ ❑ ❑
statutes and regulations related to
solid waste?
In 2009 the City adopted Ordinance 243, Recycling and Diversion of Construction Waste and
Demolition Ordinance, in compliance with the California Waste Management Act of 1989. The
Ordinance promotes the reduction of solid waste and reduces the solid waste stream going to
landfills. The developer is subject to this ordinance and will be required to prepare a waste
management plan that identifies the Project parameters, the estimated waste to be generated,
the weight of waste materials that can be recycled for the purposes of demonstrating that at
least 60 percent of the estimated tonnage of construction and demolition material generated
from the Project is diverted from disposal. Therefore, the Project complies with state and local
statutes related to solid waste. No mitigation is required.
Finding: No Impact. No mitigation is required..
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a. Does the project have a potential to ❑ ❑ ❑
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause fish or wildlife population to drop
below self-sustaining levels, threaten
to eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant of animal or
eliminate important examples of the
rnajor-perbds_of-CWif=ia history or -------
prehistory?
Development of the 3.6 Project site would result in the development of a 37,700 square foot
commercial center with approximately 1,800 square feet of outdoor dining area and associated
parking, landscaping and lighting improvements. As discussed in this analysis, no aspect of the
Project has the potential to degrade the environment, adversely impact plant or animal life, or
adversely impact cultural resources. Therefore, impacts related to this issue are considered to
be less than significant.
Finding: Less than Significant Impact. No mitigation is required.
b. Does the project have impacts that ❑ ❑ IHI
are individually limited, but
Page 61 of 65
174
Environmental Initial Study
Barton Plaza
Potentially Less Than Less Than No
Significant Significant Significant
Impact
Impact With
Mitigation
Incorporated
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a project
are considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects)?-
The proposed Project"site is located within an ra that eelated aas been ir quality gang noise esignated bmpacts would
y the City for
commercial uses. While short-term constructionto
result from construction of the proposed commercial
Study would reducethese ihmpactstora less
and mitigation identified in this
than significant level. The proposed cumulatively roject would be considerable. with Therefore, potential impacts
d uses
and would not have effects that are
associated with land use compatibility, land use density, noise, traffic,-and aesthetics would be
less than significant.
Finding: Less than Significant Impact. No mitigation is required.
U U (]
c. Does the project have
environmental effects which will cause
substantial adverse effects on human
beings, either directly or.indirectly?
Build out of the proposed Project m y result in with strong direct seismic ground-shaking, increased traffic,
such as exposure to hazards associated9
and impacts to air quality and noise. However han significantg due on the yto adhsis erence el to h standard�
such impacts are anticipated to be I
ficant level with the identified mitigation measures.
requirements or reduced to a less than signi
J
Finding: Less than Significant Impact. No mitigation is required.
Page 62 of 65
175
XIV. Earlier Analysis. rocess,
Earlier analysis may
be used where, pursuant to the tiering, program EIR, or other CEQA p
cts have been adequately analyzed in an earlier EIR, or negative declaration. Section
one or more effe
15063(c)(3)(D).
a) Ea
rlier analysis used. Identify earlier analysis and state where they are available for review.
Barton Plaza Initial Study and Environmental Analysis, December 18, 2008 al Plan Update and AmendmentNo.
Environmental Impact Report, City of Grand TerraceCommunity Redevelopment
Gener Terrace
6 to the Redevelopment Plan for o r 2 the 20ROevise dGrand
Project(SCH#2008011109), April
and Terrace Town Square Master Development Plan (SCH
Envi
ronmental Impact Report Gr
#2008071017),July 27, 2010
e available for review at. the Grand Terrace Community and Economic
These documents ar
Development Department.
b) the
Impacts adequately addressed. Identify which effectursuant to applicable legal standardss from the above checklist were ,
scope of and adequately analyzed in an earlier document p
stat
e whether such effects were addressed by mitigation measured based on the earlier analysis.
Not Applicable
measures. For effects that are "Less than Significant from the earlier documenmpact with ton of
and
c) Mitigation
Mitigation," describe the mitigation
iti ati specific conditions easured lfor the project r
the extent they addressP
Not Applicable
page 63 of 65
176
Environmental Initial Study
Barton Plaza
References
te
California Department of Toxic Substance
clsearchras ?cmd stearor Dch&rea ort se eeSICORTESE&site e=
htt ://www.envirostor.dtsc.ca. ovl
CSITES ERAP OPEN FUDS CLOSE&status=ACT BKLG COM&re orttitle=HAZARDOUS+WASTE+
ND+SUBSTANCES+SITE+LIST.
California Division of Mines and Geology, Regional Geologic Hazards & Mapping Program—Alquist-
Priolo Earthquake Fault Zone Maps website htto'/lwww.auake.ca.aov/gmapsla !�•htm.
California Department of Conservation website
htt •//www consrv.ca.aovldlrp/FMMPI I esllndex.asax
California Integrated Waste Management Board website
htt ://www.calrec cle.ca. ? OD6oAA-
vlProfleslFaci (Landfill/ F
ht ://www.calrec cle. o ?CO D=36&FAC DO
ov/Profiles/Facilit /Land LFProfletas
and
0087
City of Grand Terrace 2010 General Plan, April 27, 2010.
City of Grand Terrace Municipal Code, Title 4 Comprehensive Fee Schedules, Fines, and Taxes,
1983 and subsequent amendments
City of Grand Terrace Municipal Code, Title 18 Zoning, 1983 and subsequent amendments
Collins &Associates Engineering, Inc, Preliminary Hydrology Study Grand Terrace Commercial
Plaza, March 24, 2011
Collins &Associates Engineering, Inc, Water Quality Management Plan (WQMP) for Barton Plaza,
March 24, 2011
Environmental Impact Report, City of Grand Terrace Commeneral lan unity Redevelopment ProjectUpdate and AmendmentNAprilt27,
the Redevelopment Plan for the Revised Grand Terrace
2010.
Environmental Impact Report Grand Terrace Town Square 010 Master Development Plan (SCH
#2008071017) prepared by LSA Associates, July
ber 18, 2008
Barton Plaza Initial Study and Environmental Analysis, Decem
LSA Associates, Inc., Updated Biological Resources Assessment
for the Mount
, May 31er2011 on and Barton
Road Commercial Center, City of Grand Terrace,
San LSA Associates, Inc., Historical Resources Assessment for
he Mtynt Vernon a d Barton
008 Road
Commercial Center, City of Grand Terrace, San
RK Engineering Group, Inc., Mt. Vernon Avenue and Barton Road Commercial Center Acoustical
Study, March 22, 2011
Page 64 of 65
177
Environmental Initial Study
Barton Plaza
RK Engineering Group, Inc., Mt. Vernon Avenue and Barton Road Commercial Center Air Quality
Analysis, March 1, 2011
'RK Engineering Group, Inc., Mt. Vernon Avenue and Barton Road Commercial Center Traffic Impact
Study, June 9, 2011
Salem Engineering Group, Geotechnical Engineering Investigation, Proposed Walgreens Pharmacy
Barton Road and Mt. Vernon Avenue, Grand Terrace, CA, February 28, 2011
Page 65 of 65
178
CALIFORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item ( X ) CRA Item ( )
TITLE: Ordinance Electing to Comply with and Participate in the
Alternative Voluntary Redevelopment Program Contained in
Park 1.9 of Division 24 of the California Health and Safety
Code
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Conduct a public hearing and move the Ordinance to
participate in - the Alternative Voluntary Redevelopment
Program to the second reading.
BACKGROUND:
On July 12, 2011 the City Council had the first reading of the Ordinance to continue the
Community Redevelopment Agency as required by ABX1 27, a 2011-12 budget trailer
bill signed by the.Governor on June 28. Subsequent to the Council Meeting, special
counsel to the City's redevelopment agency, Stradling Yocca Carlson & Rauth, advised
the City that additional language should be added to the Ordinance which necessitates
a first reading of the revised ordinance.
DISCUSSION:
The focus of the discussion will be on the revisions recommended by the agency's
special counsel which focus primarily on reserving constitutional, legal and appeal rights
for the City. On page 4 of the proposed Ordinance, the second, third and fourth
paragraphs have been highlighted-to note where language was added to preserve these
rights. On page 5 of the Ordinance, in the last paragraph on the page, two phrases
(subject to the provisions hereof and appeal rights in relation thereto) have been added
to also preserves the rights. On page 6 of the proposed Ordinance are the final two
additions. The first is the second sentence in the first paragraph which authorizes the
City manager to implement the Ordinance and copy with Part 1.9 of the California
Community Redevelopment Law. The Council will be advised of any actions taken to
do this. The second is the addition of the third paragraph which explicitly reserves the
City's right to challenge the validity of the ABX1 26 and ABX1 27, including the right to
recover any payments remitted under Part 1.9.
On July 18, 2011, the League of California Cities and the California Redevelopment
Association filed a law suit with the California Supreme Court challenging the
COUNCIL AGENDA ITEM NO. C,
180
Ordinance Electing to Comply with and Participate in the Alternative
Voluntary Redevelopment Program Contained in Park 1.9 of
Division 24 of the California Health and Safety Code
Page 2
constitutionality of ABX1 26 and ABX1 27. The cities of San Jose and Union City are
also plaintiffs in the lawsuit which includes the request that the Court issue a stay to
prevent the legislation from going into effect until the Court can decide the lawsuit. If
the Court grants the stay then the dates noted in this staff report for various activities
required by ABX1 27 will be delayed.
FISCAL IMPACT:
The redevelopment agency's fiscal consultant, Rosenow Spevacek Group Inc. (RSG),
will present five year cash flow analysis showing the impacts of the ABX1 27 mandated
payments on the.City of Grand Terrace as well as the Community Redevelopment
Agency at the July 26 Council Meeting.
In addition, the information below was provided at the July 12 Council Meeting in the
staff report for the first version of the ordinance:
ABX1 27, section 34194 (J), states that the Director of Finance shall notify each city or
county of its payment amount for the 2011-12 fiscal year on or before August 1, 2011.
On June 20, the California Redevelopment Association (CRA) published its estimate of
the required payments for each City that could choose to make a payment in order to
avoid dissolution of its redevelopment agency. For Grand Terrace, the CRA estimates
the City's 2011-12 payment to be $2,850,665 and for subsequent fiscal years the
payment to be $670,745. The City may file an appeal on these numbers with the
Director of Finance on or before August 15, 2011 and intends to do so. The Director of
Finance is required to make a decision on the appeal by September 15, 2011 but has
the discretion to extend the decision deadline until October 15.
One-half of the required payment is due on or before January 15 and the remaining on-
half is due May 15 of each year. ABX1 27 specifies that it is a city, not its
redevelopment agency, which is required to make the payments. A city is allowed to
enter into an agreement with its redevelopment agency to transfer a portion of its tax
increment to the city in an amount not to exceed the annual payment.
For 2011-12, the City expects to have the funds available to make the payment. The
combination of funds used to make the 2011-12 payment will be determined after the
City receives the Director of Finance's decision on its appeal.
Respectfully submitted:
Betsy . Adams, City Manager
181
Ordinance Electing to Comply with and Participate in the Alternative
Voluntary Redevelopment Program Contained in Park 1.9 of
Division 24 of the California Health and Safety Code
Page 3
ATTACHMENTS:
Attachment A: Changes highlighted on Ordinance of the City of Grand Terrace
Electing to Comply with and Participate in the Alternative
Voluntary Redevelopment Program Contained in Part 1.9 of
Division 24 of the California Health and Safety Code
Attachment B: Ordinance of the City of Grand Terrace Electing to Comply with
and Participate in the Alternative Voluntary Redevelopment
Program Contained in Part 1.9 of Division 24 of the California
Health and Safety Code
182
Attachment A
Changes Highlighted on
Ordinance of the City of Grand Terrace Electing to Comply with and
Participate in the Alternative Voluntary Redevelopment Program
Contained in Part 1.9 of Division 24 of the California Health and
Safety Code
183
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAND TERRACE ELECTING TO
COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE
VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9
OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace,'
("Agency") is a community redevelopment agency organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has
been authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council("City Council")of the City of Grand Terrace("City'.); and
WHEREAS, the City Council approved a redevelopment plan for a redevelopment project
and project area(the "Original Plan" and"Original Project Area", respectively, by Ordinance No. 25
adopted September 27, 1979, which has subsequently been amended by an amendment
("Amendment No. I"), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional
amendment("Amendment No. 2") as approved by Ordinance No. 52 on July 15, 1981, an additional
amendment("Amendment No. 3") as approved by Ordinance No. 187 on July 22, 1999, an additional
amendment ("Amendment No. 4") as approved by Ordinance No. 202 on September 12, 2002, an
additional amendment ("Amendment No. 5") as approved by Ordinance No. 212 on July 22, 2004,
and an additional amendment ("Amendment No. 6") as approved by Ordinance No. 250 on May 11,
2010 approving an amended and restated redevelopment plan (herein, the "Amended Redevelopment
Plan") for the project area as established by Ordinance No. 25 and thereafter amended as set forth
above under the Amended Redevelopment Plan(the"Amended Project Area");and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were
184
approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28,
2011; and
WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all.
redevelopment agencies, including the Agency, as of October 1, 2011, and provides that,thereafter, a
successor agency to administer the enforceable obligations of the Agency and otherwise wind up the
Agency's affairs, all subject to the review and approval by an oversight committee; and
WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations"
and to actions required for the general winding up of affairs, preservation of assets, and certain other
goals delineated in Part 1.8; and
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and
economic well-being of the residents of the City and cause irreparable harm to the community,
because, among other reasons, the redevelopment activities and projects made possible,
implemented; and funded by the Agency are highly significant and of enduring benefit to the
community and the City, and are a critical component of its future; and
WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an ordinance
agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program
established in Part 1.9 ("Program");and
WHEREAS, as a condition of the Agency's continued existence and operation of its
redevelopment agency, the City is required to make certain annual remittances to the county
auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
2
185
the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15,
2012 and May 15, 2012; and
WHEREAS, the City will have sufficient moneys and revenues to fund an amount equal to
the City's payment of the First Remittance and.expects to have sufficient moneys and revenues to
fund the subsequent annual remittances required by Part 1.9; and
WHEREAS, the City's needs are such that it can commit to spend the funds received from
the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance
activities,within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Project, including without limitation:the promotion of public improvement facilities;
the provision of adequate roadways to correct street alignment problems, to provide adequate
circulation and access to highways; the provision of needed improvements to the community's
recreational, cultural and other community facilities to better serve the Amended Project Area; to
eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of
businesses within the Amended Project Area; and expanding the resource of developable land by
making underutilized land available for development; and
WHEREAS, the City and Agency intend to execute an agreement pursuant to CRL Section
34194.2, whereby the Agency shall make an initial transfer of a portion of its tax increment to the
City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment
equal to any subsequent remittance which the City is required to make to the county auditor-
controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax
Increment"); and
WHEREAS,.the City is aware.that the validity, passage, and applicability of ABX1 26 and
ABX1 27 may become the subject of a judicial challenge; and
3
186
WHEREAS, the City, by the adoption of this Ordinance, does not represent, disclaim, or
take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City
seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order
to preserve the ability of the Agency to continue to operate and thereby benefit the community; and
WHEREAS it'is.hereby acknowledged.bv tlie'_City Council that the Leae►ie of California
Cities and the:California Redevelopment Association have'respectivel expressed the view that
certain-or`.all provisions of ABX1 26 and ABXl`27. including;-but not limited to the effectiveness
date,violate.the-State'Constitution and�`other laws(collectively; "Laws")-, Arid
WHEREAS 'the City Council'does not-intend:by:enactment of this.Ordinarice;to_waive aiiy
constitutional:and/or legal_ri is by virtue of the enactment of this Ordinance and,
therefore."reserves
all of its'`rhts.under Laws re ag rdiri `cg hallen a s;by the City:or others; to the validity-of any or. alI
provisions'of ABX1.26 and•ABXl 27 in any administrative,or Judicial pioceeding and/or repeal this
Ordinance.-withouf judice to.theCity's-iigli't to recover my,am unts remitted under Part 1.9; and
WHEREAS,the.City Council does nob intend: hv-enactment of this,-Ordinance to waive any
ri is-'ofappeAFie'gaiding the amount of any remittance established by the Department of Finance,as
provided in Part "and
WHEREAS,the City is the lead agency concerning this Ordinance pursuant to the California
Environmental Quality Act (codified as Public Resources Code Sections 21000 et seq) ("CEQA")
and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant
to CEQA Guidelines Section 15378 (b)(4), because such authorizations are not considered a project
subject to CEQA review. The community remittance is a government funding mechanism and fiscal
4
187
activity, which does not involve 'any commitment to any specific project which may result in a
potentially significant environmental impact; and
WHEREAS, the City has duly considered all other related matters and has determined that
the City's participation in the Program is in the best interests of the City; and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and.correct.
2. The City hereby finds that(i)the dissolution of the Agency would be detrimental and
cause irreparable harm to the community and to the health, safety, and economic well-being of the
citizens of the City, and (ii) the types of activities and,projects made possible, implemented, and .
funded by the Agency are highly significant and of enduring benefit to the community and the City,
and are a critical component of its future; and
3. The City hereby ordains that the City shall comply with the Constitution and the laws
of the State of California, subi6ct--id.'the"provisions hereof including Part 1.9, including the
determination of remittance amounts, appeal rights..in _relation thereto: and the making of the
remittances referred to in CRL Section 34194(b) and (c) at the times and in the manner described in
Part 1.9. This ordinance is that ordinance referred to in CRL Section 34193 and shall be interpreted
and applied in all respects so as to comply with Part 1.9,to the fullest extent permitted by law.
5
188
4. On or before November 1, 2011, the City Manager is hereby authorized and directed
to notify the county,auditor-controller, the Controller of the State, and the State Department of
Finance that the City agrees to comply with the provisions of Part 1.9 as provided hereunder, such
notice to be in accordance with.CRL Section 34193.1. The City Manager is hereby,authorized to
take any.actions n e-c"ess-giXtol,implement this-Ordinance and-comply with Part 1.9;.including without
limitation;'providing_required 4riofices to-the Auditor Controller: the: State Controher; and the
Department`,:of Finance; entering riri'to= any agreements.'with the`Agency to:make': the:remittance
- - .. -
pg=. enis °or making.any remittance,payments:
5. The City's remittances to the county auditor-controller made pursuant to Part 1.9 may
be paid from any legally available funds of the City not otherwise obligated for other uses in
accordance with Section 34194.1. Nothing herein is intended or shall be interpreted to require any
payments or impose any financial or other obligation of the City other than in accordance with the
Constitution and laws of the State of California, including Part 1.9.
6. Neither th6 adoption{'ofahis Ordinance; nor the'acknowledgment of 6r references to
aiijprovisions,of ABXh 26"and ABXf 27 nor+the City's payment.of any.remittances`conteInDlated
byA no are-they nacknowledgi -m eda nffof the walidiiiof
ABX1-'26 and'ABX1.27 andtiie City:.reserves.'all-righVm,ifs:sole,discretion-to-challengethe•validity
of anV�or a tl D'rovisioiis:of.ABX1, 26 and ABXI 27-in'any,administrative or judicial proceeding
and/or-repeal this=Ordi'nance`,:witl out"pre iidice:to the CiWs-right-Ad: ecover any_amounts-remitted
under Part.:1=:9� -
7. The City Council determines that approval of this Ordinance exempt from CEQA,
pursuant to CEQA Guidelines Section 15378 (b)(4), because such approval not considered a project
subject to CEQA review. The payment-is a government funding mechanism and fiscal activity which
6
r
189
does not involve any commitment to any specific project which may result in a potentially significant
environmental impact.
8. The City Council hereby authorizes and directs that a Notice of Exemption shall be
filed with the Clerk of the Board of Supervisors of the County of San Bernardino, California, within
five (5)working days following the date of adoption of this Ordinance.
9. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once within 15 days of adoption in a newspaper of general circulation
printed and published within the City of Grand .Terrace, and shall post a certified copy of this
Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance
with Government Code § 36933.
10. The City Clerk shall certify to the passage and adoption of this Resolution and the
same shall thereupon take effect and be in force immediately upon its adoption.
11. This Ordinance shall become effective thirty (30) days after the date of the final
passage and adoption hereof.
7
190
PASSED APPROVED AND ADOPTED this_day of , 2011.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
8
191
i
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )SS
CITY OF GRAND TERRACE )
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing
Ordinance No. was duly passed and adopted at a meeting of the City Council of
the City of Grand Terrace held on the day of , 2011.
Upon motion of City Council Member , seconded by City Council Member
the foregoing Ordinance No. was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my'hand and the Official Seal of the City of
this day of 92011.
Brenda Mesa, City Clerk
9
192
J
Attachment B
Ordinance of the City of Grand Terrace Electing to Comply with and
Participate in the Alternative Voluntary Redevelopment Program
Contained in Part 1.9 of Division 24 of the California Health and
Safety Code
193
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAND TERRACE ELECTING TO
COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE
VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9
OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace,
("Agency") is a community redevelopment agency organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has
been authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council")of the City of Grand Terrace ("City"); and
WHEREAS, the City Council approved a redevelopment plan for a redevelopment project
and project area(the "Original Plan" and "Original Project Area", respectively, by Ordinance No. 25
adopted September 27, 1979, which -has subsequently been amended by an amendment
("Amendment No. I"), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional
amendment ("Amendment No. 2") as approved by Ordinance No. 52 on July 15, 1981, an additional
amendment("Amendment No. 3")as approved by Ordinance No. 187 on July 22, 1999, an additional
amendment ("Amendment No. 4") as approved by Ordinance No. 202 on September 12, 2002, an
additional amendment ("Amendment No. 5") as approved by Ordinance No. 212 on July 22, 2004,
and an additional amendment (`.`Amendment No. 6") as approved by Ordinance No. 250 on May 1.1,
2010 approving an amended and restated redevelopment plan (herein,the "Amended Redevelopment
Plan") for the project area as established by Ordinance No. 25 and thereafter amended as set forth
above under the Amended Redevelopment Plan(the"Amended Project Area"); and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by ABX 1 26 and ABX 1 27, which measures purport to become effective
immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were
194
approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28,
2011; and
WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all
redevelopment agencies, including the Agency, as of October 1, 2011, and provides that,thereafter, a
successor agency to administer the enforceable obligations of the Agency and otherwise wind up the
Agency's affairs, all subject to the review and approval by an oversight committee; and
WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations"
and to actions required for the general winding up of affairs, preservation of assets, and certain other
goals delineated in Part 1.8; and
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety,,and
economic well-being of the residents of the City and cause irreparable harm to the community,
because, among other reasons, the redevelopment activities and projects made possible,
implemented, and funded by the Agency are highly significant and of enduring benefit to the
community and the City, and are a critical component of its future; and
WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an ordinance
agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program
established in Part 1.9 ("Program");and
WHEREAS, as a condition of the Agency's continued existence and operation of its
redevelopment agency, the City is .required to make certain annual remittances to the county
auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
2
195
the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15,
2012 and May 15,2012; and
WHEREAS, the City will have sufficient moneys and revenues to fund an amount equal to
the City's payment of the First Remittance and expects to have sufficient moneys and revenues to
fund the subsequent annual remittances required by Part 1.9; and
WHEREAS, the City's needs are such that it can commit to spend the funds received from
the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance
activities within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Project, including without limitation: the promotion of public improvement facilities;
the provision of adequate roadways to correct street alignment problems, to provide adequate
circulation and access to highways; the provision of needed improvements to the community's
recreational, cultural and other community facilities to better serve the Amended Project Area; to
eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of
businesses within the Amended Project Area; and expanding the resource of developable land by
making underutilized land available for development; and
WHEREAS, the City and Agency intend to execute an agreement pursuant to CRL Section
34194.2, whereby the Agency shall make an initial transfer of a portion of its tax increment to the
City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment
equal to any subsequent remittance which the City is required to make to the county auditor-
controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax
Increment"); and
WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and
ABX1 27 may become the subject of a judicial challenge; and
3
196
WHEREAS, the City, by the adoption of this Ordinance, does not represent, disclaim, or
take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City
seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order
to preserve the ability of the Agency to continue to operate and thereby benefit the community; and
WHEREAS, it is hereby acknowledged by the City Council that the League of California
Cities and the California Redevelopment Association have respectively expressed the view that
certain or all provisions of ABX1 26 and A13X1 27 including, but not limited to the effectiveness
date,violate the State Constitution and other laws(collectively, "Laws"); and
WHEREAS,the City Council does not intend, by enactment of this Ordinance, to waive any
constitutional and/or legal rights by virtue of the enactment of this Ordinance and, therefore, reserves
all of its rights under Laws regarding challenges, by the City or others, to the validity of any or all
provisions of ABX1 26 and ABX1 27 in any administrative or judicial proceeding and/or repeal this
Ordinance, without prejudice to the City's right to recover any amounts remitted under Part 1.9;and
WHEREAS, the City Council does not intend, by enactment of this Ordinance to waive any
rights of appeal regarding the amount of any remittance established by the Department of Finance, as
provided in Part 1.9; and
WHEREAS,the City is the lead agency concerning this Ordinance pursuant to the California
Environmental Quality Act (codified as Public Resources Code Sections 21000 et seq) ("CEQA")
and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant
to CEQA Guidelines Section 15378 (b)(4), because such authorizations are not considered a project
subject to CEQA review. The community remittance is a government funding mechanism and fiscal
4
197
activity, which does not involve any commitment to any specific project which may.result in a
potentially significant environmental impact; and
WHEREAS, the City has duly considered all other related matters and has determined that
the City's participation in the Program is in the best interests of the City, and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The City hereby finds that (i)the dissolution of the Agency would be detrimental and
cause irreparable harm to the community and to the health, safety, and economic well-being of the
citizens of the City, and (ii) the types of activities and projects made possible, implemented, and
funded by the Agency are highly significant and of enduring benefit to the community and the City,
and are a critical component of its future; and
3. The City hereby ordains that the City shall comply with the Constitution and the laws
of the State of California, subject to the provisions hereof, including Part 1.9, including the
determination of remittance amounts, appeal, rights in relation thereto, and the making of the
remittances referred to in CRL Section 34194(b) and (c) at the times and in the manner described in
Part 1.9. This ordinance is that ordinance-referred to in CRL Section 34193 and shall be interpreted
and applied in all respects so as to comply with Part 1.9,to the fullest extent permitted by law.
5
198
4. On or before November 1, 2011, the City Manager is hereby authorized and directed
to notify the county auditor-controller, the Controller of the State, and the State Department of
Finance that the City agrees to comply with the provisions of Part 1.9 as provided hereunder, such
notice to be in accordance with CRL Section 34193.1. The City Manager is hereby authorized to
take any actions necessary to implement this Ordinance and comply with Part 1.9, including without
limitation, providing required notices to the Auditor Controller, the State Controller, and the
Department of Finance; entering into any agreements with the Agency to make the remittance
payments; or making any remittance payments.
5. The City's remittances to the county auditor-controller made pursuant to Part 1.9 may
be paid from any legally available funds of the City not otherwise obligated for other uses in
accordance with Section 3419.4.1. Nothing herein is intended or shall be interpreted to require any
payments or impose any financial or other obligation of the City other than in accordance with the
Constitution and laws of the State of California, including Part 1.9.
6. Neither the adoption of this Ordinance, nor the acknowledgment of or references to
any provisions of ABXI 26 and ABXI 27, nor the City's payment of any remittances contemplated
by ABX1:27 shall be deemed to be, nor are they intended as, an acknowledgment of the validity of
ABXI 26 and ABX1 27, and the City reserves all right in its sole discretion to challenge the validity
of any or all provisions of ABXI 26 and ABXI 27 in any administrative or judicial proceeding
and/or repeal this Ordinance, without prejudice to the City's right to recover any amounts remitted
under Part 1.9.
7. The City Council determines that approval of this Ordinance exempt from CEQA,
pursuant to CEQA Guidelines Section 15378 (b)(4), because such approval not considered a project
subject to CEQA review. The payment is a government funding mechanism and fiscal activity which
6
199
does not involve any commitment to any specific project which may result in a potentially significant
environmental impact.
8. The City Council hereby authorizes and directs that a Notice of Exemption shall be
filed with the Clerk of the Board of Supervisors of the County of San Bernardino, California, within
five(5)wo`rking days following the date of adoption of this Ordinance.
9. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once within 15 days of adoption in a newspaper of general circulation
printed and published within the City of Grand -Terrace; and shall post a certified copy of this
Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance
with Government Code § 36933.
r
10. The City Clerk shall certify to the passage and adoption of this Resolution and the
same shall thereupon take effect and be in force immediately upon its adoption.
r
11. This Ordinance shall become effective thirty (30) days after the date of the final
passage and adoption hereof.
7
200
PASSED APPROVED AND ADOPTED this_day of , 2011.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
8
201
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF GRAND TERRACE )
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing
Ordinance No. was duly passed and adopted at a meeting of the City Council of
the City of Grand Terrace held on the day of , 2011.
Upon motion of City Council Member , seconded by City Council Member
the foregoing Ordinance No. was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF,I have hereunto set my hand and the Official Seal of the City of
this day of , 2011.
Brenda Mesa, City Clerk
9
202
CALI,FOR NIA AGENDA REPO R- T
MEETING DATE: July 26, 2011 Council Item (X) CRA Item ( )
TITLE: Amend Zoning Code Section 18.80.130 Regarding Political
Signs —Zone Change 10-02
PRESENTED BY: Joyce Powers, Community and Economic Development
Director
John R. Harper, City Attorney
RECOMMENDATION: Adopt the attached revisions to the Sign Ordinance
BACKGROUND:
On July 12, 2011, the City.Council moved to second reading a proposed ordinance to
revise Section 18.80.130 of the Municipal Code relating to Political Signs.
DISCUSSION:
Staff recommends adoption of the proposed sign revisions.
FISCAL IMPACT:
The $50.00 political sign permit fee will no longer be collected.
Respectfully submitted,
oyce Powers
Director of Community and Economic Development
Manager Approval:
Bets . Ad ms
City Manager
J
ATTACHMENTS: 1. Ordinance - Zone Change 10-02
COUNCIL AGENDA iTENI NO.
204
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE TO AMEND TITLE 18, CHAPTER 18.80 OF THE GRAND
TERRACE MUNICIPAL CODE BY AMENDING IN ITS ENTIRETY
SECTION 18.80.130 POLITICAL SIGNS AND ADOPTING A NEW
SECTION 18.80.130 POLITICAL SIGNS
WHEREAS, on August 23, 1990, the City Council adopted Ordinance No. 126,
amending Title 18 of the City of Grand Terrace Municipal Code.
WHEREAS, changes have occurred in State and Federal law since the
enactment of the Municipal Code Section 18.80.130, regulating political signs.
WHEREAS, as a result of such changes, it is necessary to amend Section
18.80.130 of the Grand Terrace Municipal Code.
WHEREAS, the Project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15060(b)(3) of the State CEQA Guidelines because the
Project is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA.
WHEREAS,, on June 17, 2010, the Planning Commission of the City of Grand
Terrace conducted a duly noticed public hearing on the Project at the Grand Terrace
City.-Hall Council Chambers located 22795 Barton Road and voted 3-1 recommending
approval.
WHEREAS, on July 13, 2010, and July 12, 2011, the City Council, of the City of
Grand Terrace conducted duly noticed public hearings on the Project at the Grand
Terrace City Hall Council Chambers located at 22795 Barton Road.
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. Zone Change 10-02 is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15060(b)(3), because the Project merely
establishes regulations for the erection of political signs.
SECTION 2. Zone Change 10-02 Will not be detrimental to the health, safety,
morals, comfort or general welfare of the persons residing or working within the City
205
because the amendment will be consistent with current Federal and State law, and the
amendment regulates the location of such signs so that the general public health and
safety is.protected.
SECTION 3. Zone Change 10-02 will not be injurious to property or
improvements in the neighborhood or within the City because it allows the placement of
political signs provided that they do not obstruct visibility of pedestrians and vehicle
traffic, and that they are not placed on utility poles, public property and within the right-
of-way.
SECTION 4. Zone Change 10-02 is consistent with the latest adopted General
Plan as it does not conflict with goals, policies and actions of the General Plan.
SECTION 5. Section 18.80.130 (Political Signs) of Chapter 18.80, Title 18 of the
Grand Terrace Municipal Code, shall be amended in its entirety to read as follows:
"18.80.130 Political Signs
A. Political signs are hereby defined as signs having to do with any issue,
ballot measure or candidate irr any municipal, state or federal election, or political
statements and expressions. Political signs shall be permitted in any zone subject
to the following provisions:
1. Any person, party or group posting political signs in the City shall
abide by the provisions set forth in this Section.
2. All political signs pertaining to an election shall be removed no later
than ten days following the date of the election to which they pertain.
3. A political sign shall not exceed sixteen (16) square feet in .total
area for one side. No signs shall be placed in a manner that would
unsafely obstruct visibility of pedestrian or vehicle traffic.
4. No political sign shall be placed or fixed on a utility pole, nor placed
on.any public property or within the public right-of-way.
5. The Code Enforcement Officer or designee shall have the right to
remove all signs placed within the public right-of-way or affixed to a utility
pole."
SECTION 6. 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.
Page 2of3
206
SECTION 7. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 12th
day of July, 2011 and finally adopted and ordered posted at a regular meeting of said
City Council on the 26th day of July, 2011.
ATTEST:
City Clerk Mayor
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted 'at a regular meeting of the city
Council of the City of Grand Terrace held on the 26th day of July, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form: .
City Attorney
Page 3of3
207
1
CALI'FORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item ( X ) CRA Item ( )
f
TITLE: Community Redevelopment Agency 5-Year Cash Flow Analysis
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Review Agency funds available for the annual payments required
by Assembly Bill X1 27.
BACKGROUND:
As of June 28, 2011, all redevelopment agencies were effectively suspended by the
Governor's signature of Assembly Bills (AB) X1 26 and 27, which respectively dissolve all
redevelopment agencies and allow for a "voluntary" continuance of redevelopment in
exchange for a significant and ongoing payment to the local county auditor-controller to assist
the state's funding of local schools, as well as certain fire and transit districts.
The choice between dissolution or the "voluntary" continuation alternative must be made no
later than October 1, 2011, and should be based on analysis of the fiscal, policy and legal
implications in each community. For some cities, the costs of the additional mandatory
contributions are so significant that continuance is not a financially ,prudent alternative. In
other cases, such as with Grand Terrace, protection of existing obligations may be better
achieved by continuing with redevelopment, even if the amounts of future discretionary funds
are impacted by the mandatory payments.
DISCUSSION:
The California League of Cities (League), the California Redevelopment Association (CRA),
and City staff, especially following the voters' approval of Proposition 22 less than 9 months
ago, believe that the State Constitution prohibits the taking of local redevelopment dollars by
the State for any reason. The League, CRA, and others have filed a lawsuit in the State
Supreme Court to challenge both ABX1 26 and 27. However, in the meantime, cities and
counties that have redevelopment agencies must contend with the implications of this law.
Under the Dissolution Act (ABX1 26),. redevelopment agencies are effectively suspended.
They may spend this time identifying certain existing indebtedness that could be eligible for
repayment under the terms and conditions of the Act, identifying a successor agency to
assume control of the agency's assets and obligations, and terminating other redevelopment
actions by October 1, 2011. It is important to note that despite the fact that state law allows a
COUNCIL AGENDA ITEM NO.
209
Community Redevelopment Agency 5-Year CashFlow Analysis
Page 2
broader use of redevelopment funds, the Dissolution Act limits the types of obligations that
may be repaid by the successor agency. For example, agencies that legally transferred
_funds, property, or other assets to.the city in the past year would be forced to return such
assets to the agency for the purpose of liquidation and disbursement of proceeds to other
taxing agencies. An oversight body, made up of representatives of local taxing agencies,
would review the successor agency's affairs. In short, the primary objective of the successor
agency and oversight body is to wind down the financial affairs of the former redevelopment
agency as quickly as possible.
The Continuation Program (ABX1 27) provides a costly means to continue redevelopment
activities, in exchange for the City making annual payments. On August 1, the State Director
of Finance will release the amounts of these initial "community remittance" payments, at
which point the City may file an appeal with the Department of Finance by August 15. In the
meantime, estimates of the 2011-12 and 2012-13 payments have been calculated (the latter
which continues as long as the redevelopment agency exists). These amounts are shown
below:
Estimated Community Remittance Payment
(As a Percentage of Estimated 2011-12 CRA Gross Tax Increment Revenue)
Year Annual Amount %
2011=12 $2,850;655 42%
2012-13 (and thereafter) $670,745 11%
The City, not the Agency, is responsible for these remittance payments, due in equal .
installments by January- 15 and May 15 each year. It may use any available funds not
otherwise obligated for other uses, including tax increment revenues.
A 5-year cash flow model for the Agency was prepared by the redevelopment agency's fiscal
consultant, Rosenow Spevacek Group. Inc. (RSG), to illustrate the impacts of funding the
remittance payments through tax increment. The model, Attachment A of this staff report,
segregates the Agency's finances between the non-housing fund, bond funds, and the low
and moderate income housing set aside fund. The model was created to identify year-end
cash available to make.the remittance payments after funding existing obligations, based on
a conservative forecast of projected tax increment and other revenues.
The estimated cash flow demonstrates that the Agency can expect to afford the remittance
payments for about four years based on the assumptions described below. It is imperative to
note that this timing generally coincides with the 3-year timeframe in which the Agency. must
spend its proceeds from the 2011 bond issue. Under dissolution, it is unclear if any projects
would be allowed, even those funded by bond proceeds, particularly as the funds are not yet
tied to third party obligations. The Agency has, at the least, this short window of opportunity
to expend these funds, for the purposes they were issued and in a manner which can
dramatically improve the Community Redevelopment Project Area and provide for the health,
safety, and welfare of residents. Should the current litigation be unsuccessful, the City can
210
Community Redevelopment Agency 5-Year Cash Flow Analysis
Page 3
reevaluate the financial and political_. options for the Agency once the bond funds- are
expended, and either choose to remain operational if the remittance payments can be made,
or dissolve at that time.
Model Assumptions
RSG employed the following assumptions in this analysis:
1. Cash Balance: Cash balances were determined in conjunction with the Finance
Director using 2010-11 year end unaudited figures as of July 15, 2011.
2. Revenues: Tax increment revenues, generated by increases in the assessed value of
Project Area property, are the primary source of financing for redevelopment and
affordable housing in the Project Area.' Secured assessed values are assumed to
grow by '2 percent each year. Other revenues include interest earnings, and use of
money and property.
3. Expenditures: Expenses are based on the terms of the following obligations and are
categorized by RSG into the following general categories:
a. Enforceable Obligations generally include RSG's preliminary review. of
indebtedness of the agency that would likely be paid under either dissolution or
continuance of the Agency, following the ,description of these obligations
Sections 34167(d) and 34171(d) of the Health and Safety Code. These may be
subject to change, but generally include third-party agreements between the
Agency and bondholders, property owners, and contractors.
b. Other Contractual Indebtedness includes obligations that are subject to a
written contract, but only likely to be paid in our opinion if the Agency continues.
These include payments to taxing agencies, the County Auditor-Controller
administrative fee and the City's administrative fees.
c. Other Obligations are expenditures that are the least likely to be collected to
their full extent under dissolution. This includes projects the Agency had hoped
to perform in the future, as well as most administrative costs. Where project
costs have yet to be identified, estimates were used. Should the Agency be
dissolved, a limited.amount of administrative funding is allowed by AB X1 26 for
a Successor Agency to oversee payment of enforceable obligations.
4. Remittance Payment Estimates: Remittance payments are determined by the State
Department of Finance annually in August of each year. These payments are
intended to total $1.7 billion statewide in 2011-12 and over $400 million in each year
thereafter. RSG estimated these payments and inflated future payments by 2 percent
annually.
FISCAL IMPACT:
The fiscal impact is significant, expected to be approximately $2.9 million in 2011-12, and at
least $670,000 annually thereafter. Annual payments will increase or decrease at an
211
Community Redevelopment Agency 5-Year Cash Flow Analysis
Page 4
inflationary rate.:reflective of growth in.assessed value. Payments may also increase when
and if the Agency enters into new debt agreements to be funded with future non-housing tax
increment. The City intends to file an appeal, as provided for in ABX1 27, by the August 15
deadline. Additional information on the appeal is provide in the staff report for the
professional services agreement with RSG which is also on the agenda of the July 26 Council
Meeting.
Respectfully submitted,
A&V
Betsy . Adams
City Manager
ATTACHMENTS:
Attachment A: 5-Year Cash Flow Analysis for Community Redevelopment Agency
212
Attachment A
5-Year Cash Flow Analysis for Community Redevelopment Agency
213
Grand TerraceRede °... .
FUND SUMMARY:..: velopment Agency:
2011-22 2012-13 2 13-141 2014-15 2015-16
Projected Available Cash by Fund $ 19,240,714 $ 9,735,853 $ 2,533,651 $ 1,857,319 $ 1,218,963
Nonhousing Fund 5,645,549 2,651,174 1,736,224 794,154 (142,632)
Tax-Exempt 2011 Bond Fund 8,643,979 4,543,979 - -
Taxable 2011 Bond Fund 3,998,105 1,977,585 - - -
Housing Fund 952,681 563,115 797,426 1,063,166 1,361,595
Community Remittance Payment Sources 2,850,655 670,745 686,638 702,849 719,384
Nonhousing Fund 2,850,655 670,745 686,638 702,849 719,384
Tax-Exempt 2011 Bond Fund - - - - -
Taxable 2011 Bond Fund - - - - -
Housing Fund - - - - -
Ending Cash Balance by Fund 16,390,059 9,065,108 1,847,013 1,154,470 499,579
Nonhousing Fund 2,795,294 1,980,429 1,049,586 91,304 (862,016)
Tax-Exempt 2011 Bond Fund 8,643,979 4,543,979 - -
Taxable 2011 Bond Fund 3,998,105 1,977,585 - - -
Housing Fund 952,681 563,115 797,426 1,063,166 1,361,595
Page 1 of 5 Summary by Fund
214
N NHOUSIN :TAX N R M Nt D
0 G ICE E F.UN 5,., , Grand Terrace Re° _.,. i ,.,..; ....
=�" • develo merit n
p � rya
2011-12 2012-13 1 2013-14 2014-15 2015-15
Starting Cash Balance $ 6,917,900 $ 2,795,294 $ 1,980,429 $ 1,049,586 $ 91,304
Beginning Cash Balance FY 2010-11 9,205,144
Net Revenue FY 2010-11 (1,815,580)
Remittance of Funds Held for GUSD (930,736)
Correction to PY LMIHF Overpayment 459,072
Revenues 7,810,040 7,558,657 6,946,543 7,048,777 7,183,201
Tax Increment 6,365,893 6,517,290 6,671,715 6,829,229 6,989,893
Investment Earnings 389,634 239,546 81,520 26,240 -
Use of Money and Property 46,000 46,000 46,000 46,000 46,000
Sale of Property 400,000 - - - -
Transfer from Fund 34(2004 TA Debt Service) 608,513 608,513 - - -
Repayment of General Fund Loan - 147,308 147,308 147,308 147,308
Expenditures 9,081,991 7,702,777 7,190,748 7,304,209 7,417,137
Enforceable Obligations 3,217,602 2,861,588 2,238,870 - 2,238,000 2-1234,188
2004 Bond 1,824,625 634,765 - - -
2011"A"Bonds 598,610 1,099,195 1,112,395 1,168,920 1,108,745
2011"B"Bonds 298,020 631,280 630,128 632,733 629,095
Zion Bank Loan(COP Lease) 254,848 254,848 254,848 254,848 254,848
Stater Brothers Econ Dev Agreement 241,500 241,500 241;500 241,500 241,500
Other Indebtedness 4,254,511 4,045,711 4,136,732 4,230,885 4,326,921
Housing Fund Set Aside(Transfer to Fund 34) 1,273,179 1,303,458 1,334,343 1,365,846 1,397,979
Pass Through Payments 2,212,205 2,235,459 2,294,285 2,354,287 2,415,488
Water District Repayments 271,402 271,402 271,402 271,402 271,402
County Admin Fee 110,610 111,117 112,428 115,076 117,778
Trustee Admin Fee 12,115 12,115 12,115 12,115 12,115
May 2011 SERAF Loan Repayment to LMIHF - 112,159 112,159 112,159 112,159
MOU Termination Grand Crossings 375,000 - - - -
Capital Projects 872,604 39,035 39,035 39,035 39,035
Commercial Improvements 220,429 - - - -
Neighborhood Improvements 39,035 39,035 39,035 39,035 39,035
Park Improvements 77,469 - - - -
Mich/Barton/LaPaix Street Improvements 535,671 - - - -
Administration Expenses 737,274 756,443 776,111 796,290 816,993
Staff Salaries and Benefits 261,985 268,797 275,785 282,956 290,313
Attorney 60,000 61,560 63,161 64,803 66,488
Professional Services 20,000 20,520 21,054 21,601 22,163
Office and Supplies Expense 500 513 526 540 554
Advertising 10,000 10,260 10,527 10,800 11,081
Contractual Services 91,820 94,207 96,657 99,170 101,748
Membership,Travel,Training,Auto Allowance 4,050 4,155 4,263 4,374 4,488
Cost Allocation 288,919 296,431 304,138 312,046 320,159
Net Revenue(Deficit) (1,271,951) (144,120) (244,205) (255,433) (233,936)
Available Cash Balance 5,645,949 2,651,174 1,736,224 794,154 (142,632)
Community Remittance Payment 2,850,655 670,745 686,638 702,849 719,384
Ending Cash Balance 2,795,294 1,980,429 1,049,586 91,304 (862,016)
Page 2 of 5 Nonhousing Tax Increment
215
TAX-EXEMPT2011 BOND FUND,_ Grand?errace.Redevelopri�eM Agency,:'
2011-12 2012-13 1 2013-14 2014-1SI 2015-16
Starting Cash Balance $ 13,510,567 $ 8,643,979 $ 4,543,979 $ - $Net Proceeds.Deposit-2011 TABS,Series A 13,510,567
Revenues - - - - -
Investment Earnings - - - - -
Expenditures 4,866,588 4,100,000 4,543,979 - -
Enforceable Obligations - - - - -
Other Indebtedness - - - -
Capital Projects 4,766,588 4,000,000 4,443,979 - -
Three Intersection Projects 266,588
Estimated Land Purchases .4,000,000
Estimated Projects 500,000
Estimated Projects - 4,000,000
Estimated Projects - 4,443,979
Administration Expenses 100,000' 100,000 100,000 - -
Staff Salaries and Benefits - - - -
Attorney - - -
Professional Services(Projects) 100,000 100,000 100,000 - -
Office and Supplies Expense - - -- -
Advertising - - -
Contractual Services - - - -
Membership,Travel,Training,Auto Allowance - - - -
Cost Allocation - - - -
Net Revenue(Deficit) (4,866,588) (4,100,000) (4,543,979) - -
Available Cash Balance 8,643,979 4,543,979 - - -
Community Remittance Payment - - - -
Ending Cash Balance 8,643,979 4,543,979 - - -
Page 3 of 5 Tax Exempt Bonds
216
TAXABLE 2011 BOND FUND"`` Grand Terrace Redevelopment Agency'',;
2011-12 2012-13 2013-14 2014-15 2015-16
Starting Cash Balance $ 5,018,105 $ 3,998,105 $ 1,977,585 . $ - $Net Proceeds Deposit-2011 TABS,Series B 5,018,105
Revenues - - - - -
Investment Earnings - - - - -
Expenditures 1,020,000 2,020,520 1,977,585 -
Enforceable Obligations - - - -
Otherindebtedness - - - - -
Capital Projects 1,000,000 2,000,000 1-1956,531 - -
Estimated.Projects 1,000,000
Estimated Projects 2,000,000 .
Estimated Projects 1,956,531
Administration Expenses 20,000 20,520 21,054 - -
Staff Salaries and Benefits - - -
Attorney 11 - - - -
Professional Services 20,000 20,520 21,054 - -
Office and Supplies Expense - - - -
Advertising - - - -
Contractual Services - - - -
Membership,Travel,Training,Auto Allowance - - - -
Cost Allocation - - - -
Net Revenue(Deficit) (1,020,000) (2,020,520) (1,977,585) - -
Available Cash Balance 3,998,105 1,977,585 - - -
Community Remittance Payment - - - - -
Ending Cash Balance 3,998,105 1,977,585 - -
Page 4 of 5 Taxable Bonds
217
HOUSING FUND`::' ,.:. • Grand:Terrace RedevelopmentAgen
2011-12 2012-13 2013-14 2014-15 2015-16
Starting Cash Balance $ 800,666 $ 952,681 $ 563,115 $ 797,426 $ 1,0630'166
Beginning Cash Balance FY 2010-11 1,309,418
Net Revenue FY 2010-11 (49,680)
Correction to PY LMIHF Overpayment (459,072)
Revenues 1,277,279 1,441,334 1,462,480 1,499,840 1,538,617
Tax Increment Transfer In from Fund 33 1,273,179 1,303,458 1,334,343 1,365,846 1,397,979
SERAF Loan Repayment - 112,159 112,159 112,159 112,159
Program Revenue 2,200
Investment Earnings - 23,817 14,078 19,936 26,579
Principal and Interest on Loans 1,900 1,900 1,900 1,900 1,900
Expenditures 1,125,264 1,830,900 1,228,169 1,234,101 1,240,188
Enforceable Obligations 608,513 608,513 - - -
Share of 2004 TA Bond 608,513 608,513 - - -
Other Indebtedness 300,000 1,0000000 1,000,000 1,000,000 1,000,000
Residual Receipts Agreement w/City 300,000 300,000 300,000 300,000 300,000
Estimated Projects 700,000 700,000 700,000 700,000
Administration 216,751 222,387 228,169 234,101 240,188
Staff Salaries and Benefits 156,606 160,678 164,855 169,142 173,539
Legal and Professional Services 40,000 41,040 42,107 43,202 44,325
Office and Supplies Expense 3,270 3,355 3,442 3,532 3,624
Contractual Services - - - - -
Membership,Travel,Training,Auto Allowance 4,825 4,950 .5,079 5,211 5,347
Cost Allocation 12,050 12,363 12,685 13,015 13,353
Net Revenue(Deficit) 152,015 (389,565) 234,311 265,740 298,429 _
Available Cash Balance 952,681 563,115 797,426 1,063,166 1,361,595
Community Remittance Payment - - - - -
Ending Cash Balance 952,681 563,115 797,426 1,063,166 1,361,595
Page 5 of 5 LMI H F
218
CALI'FORNIA AGENDA REPORT ,
MEETING DATE: July 26, 2011 Council Item (X ) CRA Item ( )
TITLE: Professional Services Agreement with Rosenow Spevacek
Group Inc. for Community Redevelopment Agency Fiscal
Services Required by the City of.Grand Terrace
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Approve the professional services agreement, appropriate
$14,560 from the General Fund for .the services, and
authorize the City Manager to execute the agreement and to
seek reimbursement from the Agency for these services
when Agency activities are no longer suspended.
BACKGROUND:
When the Governor signed budget trailer bills ABX1 26 and ABX1 27 into law on June
28, 2011, any new redevelopment agency activities had to cease until the City Council
adopted a Resolution of Intent and an Ordinance to continue the City's redevelopment
agency, including the required "voluntary" annual payments. On July 12, the Council
adopted the Resolution of Intent and ,had the first reading of the Ordinance.
Subsequent to that Council Meeting, the special counsel to the City's redevelopment
agency, advised the City that additional language should be added to the Ordinance
which necessitates doing a first reading of the revised ordinance on July 26. The
second reading of the Ordinance will be on August 9, with the Ordinance being enacted
after 30 days, on September 9.
DISCUSSION:
With the passage of ABX1 27, any new redevelopment activities are in a state of
suspense until the Ordinance to continue the City's redevelopment agency becomes
effective. The City has an immediate need for fiscal services from the Agency's fiscal
consultant, Rosenow Spevacek Group Inc. (RSG), necessitating the City to enter into
an agreement with RSG for these services and then later seeking reimbursement from
the Agency. The scope of these services is listed in Exhibit A of the agreement which is
Attachment A to this staff report. It needs to be noted that some of the services
required relate to a Closed Session matter which has a material impact on the appeal
the City will file with the State Director of Finance, as provided for in ABX1 27.
COUNCIL AGENDA ITEM NO.
220
l Professional.Services Agreement with RSG for
CRA Fiscal Services Required by the City
Page 2
The scope of Z.ervices fall into three general categories — Agency cash flow analysis
(item 1), Clo&ed Session matter related to the City's appeal (items 2, 3 and 4), and
preparation o' _he City's appeal (items 5 and 6). Item 1 is a 5-year cash flow analysis
for the Agency*!. While the City has been operating under the assumption that its
redevelopmer':, agency would continue, in part because of the tax allocation bonds
recently issue<? by the Agency, it is important to look at the City's ability to be able to
make the rec 3 ed annual payments. ABX1 27 specifies that these payments are'the
City's respor;r ;bility and allows for a variety of funding sources. With the tenuous
condition of t ._. General Fund, the City will need to rely on Agency funds to make the
payments,. f ., Agency cash flow analysis prepared by RSG will be presented in a
separate staff !°aport for the July 26 Council Meeting. It is important to note in that staff
report that the Agency is able to fully make the required payments for four years. This
horizon may {=. :`end further depending on the success of the City's appeal.
ABX1 27 pro,, Jes for a one-time option to appeal the annual payments to the State
Director of Fig ;.nce. On or before August 1, 2011, the Director will notify the City of the
amount deter Jned as the required payment for the 2011-12 budget year and for the
subsequent ars. The city has until August 15, 2011, just two weeks, to file its written
appeal to the: ',Arector. The California Redevelopment Agency (CRA) has prepared an
estimate of t payments for each city. - For Grand Terrace, the CRA estimates the
2011-12 payir 1-nt to be $2,850,665 and-for subsequent fiscal years the payment to be
$670,745. It important to keep in mind that the Legislature can increase the required
payments in pare years with a simple majority vote.
ABX1 27 pro--.. _ies for an appeal basis in two areas:. ".....information in the Controller's --
report was in -error or that the percentage of tax increment necessary to pay for tax
allocation bo,- ':s and interest payments has increased by 10 percent or more over the
percentage c.:-;culated pursuant to the Controller's redevelopment agency 2008-09
annual repor,. The City's appeal will encompass both areas. The first area (items.2, 3
and 4) is the ',osed Session matter which cannot be brought forward for resolution by
the Agency C,.:.Ord until September 13, when the Agency is allow to resume operation.
The second -ea is the 2011 tax allocation bonds issued by the Agency. These
comprise the _:acond category,of services to be provided by RSG under the professional
services.
The third cat,=gory of services (items 5 and 6), preparing the City's appeal, includes a
contingency :_.,- 22 hours. The reason for a large contingency is because the appeal
process has _)t been defined other than what is written in ABX1 27. We.do'not know if
there will be my the written appeal or if'there will also be an opportunity to meet with
representativ : of the State Director of Finance to discuss our appeal. RSG has staff
located in Sar- amento who can be available for such a meeting, if required.
It should be ; oted that time ABX1 27 allows to prepare for the appeal is just over six
weeks, and c� ly two weeks from August 1 when the official numbers are to be provided
by the Direct:::- of Finance. Such a short time period makes it difficult for smaller cities
to prepare ar, appeal while at the same time starting a new fiscal year, closing out the
221
Professional Services Agreement with RSG for
CRA Fiscal Services Required by the City
Page 3
provided by the Director of Finance. Such a short time period makes it difficult for
smaller cities to prepare a detailed appeal while at the same time starting a new fiscal
year, closing out the prior fiscal year, and beginning the annual financial audit process.
For Grand Terrace, the appeal is further complicated by the Closed Session matter and
the need to amend the 2008-09 State Controller's Report for the Agency for the appeal.
This coupled with the vital need for the City to keep the Agency going enough years for
General Fund revenues to improve, and the Agency's bond proceeds to be fully
obligated, is why staff recommends contracting with RSG for the fiscal services
specified in the agreement. RSG has the depth of resources and experience to prepare
a thorough, high-quality appeal for the City.
FISCAL IMPACT:
An appropriation of $14,560 in the General Fund (10) to the Non-Departmental
Professional Services account#10-190-250 will reduce the available fund balance of the
General Fund by a corresponding amount. The City intends to seek reimbursement
from the Agency for this expense when the Agency is allowed to resume operations in
September. If the.California Supreme Court issues a stay in the lawsuit challenging the
constitutionality of ABX1 26 and ABX1 27 filed by the California Redevelopment Agency
and the League of California Cities, the expenses for this work can be charged directly
to the Agency.
Respectfully submitted,
Bets M. Adams
City Manager
ATTACHMENTS:
Attachment A: Professional Services Agreement with Rosenow Spevacek Group Inc.
for Community Redevelopment Agency Fiscal Services Required by
the City of Grand Terrace
222
PROFESSIONAL SERVICES AGREEMENT
Rosenow Spevacek Group Inc.
Community Redevelopment Agency Fiscal Services
Required by the City of Grand Terrace
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into this 26th day of July, 2011, ("Effective Date") by and between the CITY OF
GRAND TERRACE ("City"), a public entity, and the Rosenow Spevacek Group Inc.
("RSG"), the Community Redevelopment Agency of the City of Grand Terrace's fiscal
consultant.
1.. Scope of Services. City agrees to retain and does hereby retain RSG and
RSG agrees to provide the services more particularly described in Exhibit "A", "Scope of
Services and Fees", attached hereto and incorporated herein by reference, in
conjunction with Animal Control and Housing Services ("Services").
2. Term. This Agreement shall -be effective on the date first written above
unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until
January 26, 2012, unless otherwise terminated pursuant to the provisions herein. This
Agreement may be extended up to six months at the discretion of the City Manager.
3. Compensation/Payment. RSG shall perform the Services under this
Agreement for fees not to exceed $14,560, payable as the fiscal services are provided,
in accordance with the terms set forth in Exhibit "A". Said payment shall be made in
accordance with the City's usual accounting procedures upon receipt and approval of an
invoice setting forth the services performed. The invoices shall be delivered to the 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: To RSG:
City of Grand Terrace Rosenow Spevacek Group Inc.
Attn: Bernie Simon, Finance Director 309 West 4th Street
22795 Barton Road Santa Ana, CA 92701-4502
Grand Terrace, CA 92313
5. Prevailing Wage. If applicable, RSG 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
Page 1 of 12
224
Section 1720 et seq. of the California Labor Code and implemented be the City Council
of the City. 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 the City and shall be referred to herein as
Contract Administrator.
7. Standard of Performance. While performing the Services, RSG shall
exercise the reasonable professional care and skill customarily exercised by reputable
members of RSG's profession practicing in the Metropolitan Southern California Area,
and shall use reasonable diligence and best judgment while exercising its professional
skill and expertise.
8. Personnel. RSG shall furnish all personnel necessary to perform the
Services and shall be responsible for their performance and compensation. RSG
recognizes that the qualifications and experience of the personnel to be used are vital to
professional and timely completion of the Services. The key personnel listed in Exhibit
"B" attached hereto and incorporated herein by this reference and assigned to perform
portions of the Services shall remain assigned through completion of the Services,
unless otherwise mutually agreed by the parties in writing, or caused by hardship or
resignation in which case substitutes shall be subject to City approval.
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. RSG 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. RSG acknowledges that any transfer of
rights may require City Manager and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, RSG, and
RSG's employees, subcontractors and agents, shall act in an independent capacity as
independent contractors, and not as officers or employees of the City of Grand Terrace.
RSG acknowledges and agrees that City has no obligation to pay or withhold state or
federal taxes or to provide workers' compensation or unemployment insurance to RSG,
or to RSG's employees, subcontractors and agents. RSG, as an independent
contractor, shall be responsible-for any and all taxes that apply to RSG as an employer.
Page 2 of 12
225
11. Indemnification.
11.1 Indemnity. Except as to the sole negligence or willful misconduct of the
City, RSG 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 RSG or any of the RSG's employees,
agents or subcontractors and from all claims bV RSG's employees, subcontractors and
agents for compensation for services rendered to RSG 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 RSG or of RSG's
employees, subcontractors or agents.
Except as to the sole negligence or willful misconduct of the RSG, City shall
defend, indemnify and hold the RSG, 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 City. This indemnification provision shall apply.to any
acts or omissions, willful misconduct or negligent conduct, whether active or passive, on
the part of City and its employees, subcontractors or agents.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement,. RSG
shall provide satisfactory evidence of, and shall thereafter maintain during,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 RSG's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by RSG 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 B+ or higher and a Financial Class of VII or
higher.
Page 3 of 12
216
r
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, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by RSG
pursuant to this Agreement are adequate to protect RSG. If RSG believes that any
required insurance-coverage is inadequate, RSG will obtain such additional insurance
coverage as RSG deems adequate, at RSG's sole expense.
12.2 Workers' Compensation Insurance: By executing this Agreement, RSG
certifies that RSG 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. .RSG shall carry the insurance or provide for self-insurance required by California
law to protect said RSG from claims under the Workers' Compensation Act. Prior to
City's execution of this Agreement, RSG shall file with City either (1) a certificate of
insurance showing that such insurance is in effect, or that RSG is self-insured for such
coverage, or (2) a certified statement that RSG has no employees, and acknowledging
that if RSG 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 Automobile Insurance. Prior to City's execution of this Agreement, RSG
shall obtain, and shall thereafter maintain during the term of this Agreement, automobile
liability insurance as required to insure RSG against damages for 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 RSG. The City, and its officers, employees
and agents, shall be named as additional insureds under the RSG's insurance policies.
12.3.1 RSG'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 RSG's automobile and/or commercial general liability
insurance policies shall cover all vehicles used in connection with RSG's performance
of this Agreement, which vehicles shall include, but are not,limited to, RSG owned
vehicles, RSG leased vehicles, RSG's employee vehicles, non-RSG owned vehicles
and hired vehicles.
12.3.2 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 automobile liability insurance, shall be filed with the'City
and shall include the City and its officers, employees and agents, as additional insureds.
Page 4 of 12
227
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.
12.4 Errors and Omissions Insurance. Prior to City's execution of this
Agreement, RSG shall obtain, and shall thereafter maintain during the term of this
Agreement, errors and omissions professional liability insurance in the minimum amount
of$1,000,000 to protect the City from claims resulting from the RSG's activities.
r
12.5 Subcontractors' Insurance. RSG shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that
may be caused by the subcontractors' scope of work and activities provided in
furtherance of this Agreement, including, but without limitation, the following coverages:
Workers Compensation (except for a sole proprietor), Commercial General Liability, and
Automobile liability. Upon City's request, RSG shall provide the City with satisfactory
evidence that Subcontractors have obtained insurance policies and coverages required
by this section.
13. Business Tax. RSG is a municipal government and exempt from the City's
Business Tax.
14. Time of Essence. Time is of the essence for each and every provision of
_ this Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to
employ other RSGs in connection with these Services.
16. Accounting Records. RSG shall maintain complete and accurate records
with respect to costs incurred under this Agreement. All such records shall be clearly
identifiable. RSG shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. RSG shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other materials either created by or provided to RSG in connection with the
performance of this Agreement shall be held confidential by RSG, except as otherwise
directed by City's Contract Administrator. Nothing furnished to RSG which is otherwise
known to the RSG or is generally known, or has become known, to the related industry
Page 5 of 12
228
shall be deemed confidential. RSG shall not use City's name or insignia, photographs
of the Services, or any publicity pertaining to the Services in any magazine, trade paper,
newspaper, television or radio production, website, or other similar medium without the
prior written consent of the City.
18. Ownership of Documents. All contracts and invoices prepared under this
Agreement by RSG shall be and remain the property of City upon City's compensation
to RSG for its services as herein provided. RSG shall not release to others information
furnished by City without prior express written approval of City.
19. Conflict of Interest. RSG warrants that neither RSG, nor the individuals
listed in Exhibit "B" have any real property, business interests or income interests that
will be affected by this projector, alternatively, that RSG will file with the City an affidavit
disclosing any such interest.
20. Solicitation. RSG warrants that RSG 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 RSG only for the value of work RSG
has actually performed, or, in its sole discretion, to deduct from the Agreement price or
otherwise recover from RSG the full amount of such commission, percentage,
brokerage or commission fee. The remedies specified in this section shall be in addition
to and not in lieu of those remedies otherwise specified in this Agreement.
21. General Compliance with Laws. RSG shall keep fully informed of federal,
state and local laws and ordinances and regulations which in any manner affect those
employed by RSG, or in any way affect the performance of services by RSG pursuant to
this Agreement. RSG 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.
22. Amendments. This Agreement may be modified or amended only by a
written Agreement and/or change order executed by the RSG and City.
23. Termination. City and the RSG, by notifying the other party in writing, shall
have the right to terminate any or all-of RSG's services and work covered by this
Agreement at any time. In the event of such termination, RSG may submit RSG's final
written statement of the amount of RSG'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 24 hereof. In
ascertaining the work actually rendered through the termination date, City shall consider
completed work, work in progress and complete and incomplete reports and other
documents only after delivered to City.
Page 6 of 12
229
23.1 Other than as stated below, City and RSG shall provide the other party thirty
(30) days prior written notice prior to termination.
23.2 City may terminate this Agreement upon fifteen (15) days written notice to
RSG, in the event:
23.2.1 RSG substantially fails to perform or materially breaches the Agreement;
or
23.2.2 City decides to abandon or postpone the Services.
24. Successors and Assigns. This Agreement shall be binding upon City and
its successors and assigns, and upon RSG and its permitted successors and assigns,
and shall not be assigned by RSG, either in whole or in part, except as otherwise
provided in paragraph 9 of this Agreement.
25. 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.
26. Nondiscrimination. During RSG's performance of this Agreement, RSG
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
of employees and subcontractors and the procurement of materials and equipment,
except as provided in Section 12940 of the California Government Code. Further, RSG
agrees to .conform to the requirements of the Americans with Disabilities Act in the
performance of this Agreement.
.27. 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.
Page 7 of 12
230
28. Authority: The individuals, executing this Agreement and the instruments
referenced herein on behalf of RSG each represent and-warrant that they have the legal
power, right and actual authority to bind RSG to the terms and conditions hereof and
thereof.
29. 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.
30. Interpretation. City and RSG 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.
30.1 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 teems.
Reference to section numbers are to sections in the Agreement unless expressly stated
otherwise.
30.2 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.
31.3 In the event of a conflict between the body of this Agreement and Exhibit
"A" hereto, the terms contained in Exhibit "A" shall be controlling.
32. Exhibits. The following exhibits attached hereto are incorporated herein to
this Agreement by this reference:
Exhibit"A" — Scope of Work, Schedule, and Fees
Page 8 of 12
231
IN WITNESS WHEREOF City and RSG have caused this Agreement to be duly
executed the day and year first above written.
CITY OF GRAND TERRACE,
A Public Entity
By: By:
City Manager Principal, RSG
r APPROVED AS TO FORM: APPROVED AS TO FORM:
By:
City Attorney Rosenow Spevacek Group Inc.
Page 9 of 12
232
EXHIBIT "A"
RSG SCOPE OF'SERVICES, SCHEDULE, AND.FEES
INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 541 4585
309 WEST 4TH STREET F 714 541 1175
SANTA ANA, CALIFORNIA E INFO@,WEBRSG.COM
92701-4502 W EBRSG.COM
July 6, 2011 Via Electronic Mail
Betsy M. Adams, City Manager
CITY OF GRAND TERRACE
22795 Barton Road .
Grand Terrace, CA 92323-5295
PROPOSAL FOR CONSULTING SERVICES
Dear Betsy:
At your request, RSG has prepared .this brief fee estimate to assist the City continue the.
existence of the City of Grand Terrace Redevelopment Agency during the current suspension
period as a result of the state's enactment of AB x1 26 & 27. Until the City Council enacts a
continuing ordinance, which in part establishes a new financial obligation to assist the state fund
schools, fire districts and transit districts, the Redevelopment Agency is subject to the
Dissolution Act provisions of AB x1 26 that terminates most activities including entering into new
contracts even for redevelopment work associated with the dissolution or continuing activities.
As such, this proposal is directed to the City who would undertake certain redevelopment
activities on behalf of the Redevelopment Agency.
Our scope of services includes the following activities:
1. Prepare Updated Agency Cash Flows: The Agency and City need to understand the
capabilities of handling the new remittances required under AB x1 27, including where
available funds may be located, the implications on programs or projects that were
planned or proposed, and the overall financial viability of the Agency to function going
forward. RSG is recommending 5-10 year cash flows for each Agency fund for this
purpose.
2. Present Agency Cash Flows on July 26 City Council Meeting: RSG would present the
fiscal implications of AB x1 26/27 at the City Council's meeting on July 26, as part of the
consideration of the continuing ordinance.
3. Prepare Amended 2008-09 State Controller's Report: RSG is aware of the fact that the
County Auditor-Controller's error in the apportionment of. property tax increment
revenues in 2008-09 and 2009-10 have led to overstated reports of actual receipts, for
which the Agency is working with the affected parties to correct. Since the 2008-09
State Controller's Report provides the basis for computing the Agency's 2011-12
community remittance payment if the City Council enacts the continuing ordinance,
REDEVELOPMENT PLANNING
REAL ESTATE ECONOMICS ,
HOUSING
FINANCING
REAL ESTATE ACQUISITION
M:\DOCUME-1\asmittlelLOCALS-11Temp\3\ELF28Uuly 5 fee estimatePoage 10 of 12
ECONOMIC DEVELOPMENT
GOVERNMENT SERVICES
l
233
Betsy M. Adams, City Manager
CITY OF GRAND TERRACE
July 6, 2011
Page 2
correcting this report will be critical and save the Agency as much as $1.0 million based
on preliminary estimates.
4. CJUSD Pass Through Payments: Each year, RSG provides the Agency with an
estimated payment for CJUSD. It.was agreed that beginning this year, RSG would
expand this work and provide more worksheets and materials to show CJUSD how the
payments are computed and how the funds may be used.
5. Statutory Pass Through Payments: The Agency has been annually remitting statutory
taxing agency payments to the City General Fund, ERAF, and the Community College
District. In September 2010, the state Attorney General issued an opinion modifying the
methodology that these payments are computed. The overpayment referenced in item 4
above must also be considered in these calculations for 2010-11.
6. Analyze and Assemble Appeal Information: The City may have three bases for
appealing the estimated $2.8 million community remittance payment: overstated and
incorrect 2008-09 data which affects the City's share of the total amount sought from
redevelopment agencies statewide, a decline in tax increment revenues in the past few
years, and an increase in tax allocation bond debt since 2008-09. RSG would work with
staff and the City's advocates on the appeal to compute these amounts and provide
exhibits to support the appeal.
7. Other services as directed by staff: RSG may be needed to assist staff in presenting the
appeal in person to Department of Finance staff, most of whom have little knowledge or
background in local redevelopment matters. Jim Simon, or Ya-yin Isle (an Associate
based in Sacramento) are available to assist. Other services may also be needed — as
the interpretation of these bills becomes clearer.
Our budget for this work totals $14,560, which would be billed on a time and materials basis.
The graphic below summarizes the breakdown by task:
Page 11 of 12
234
Betsy M. Adams, City Manager
CITY OF GRAND TERRACE
July 6, 2011
Page 3
Initial List of As-Needed Consulting Services
CITY OF GRAND TERRACE
July 1,2011
Item Description Consultant Hours by Task Total Hours Total Fees
Principal Associate Analyst
$195 $140 $100
1 Update Agency Cash Flows 8 4 12 24 $ 3,320
2 Present Cash Flow on 7/26 4 0 0 4 $ 780
3 Prepare Amended 2008-09 State 5 2 12 19 $ 2,455
Controller's Report
4 CJUSD Pass Through Payments 1 3 8 12 $ 1,415
5 Statutory Pass Through Payments 2 3 6. 11 $ 1,410
6 Analyze and Assemble Appeal 4 4 3 11 $ 1,640
information
7 Other services as directed by staff 12 5 5 22 $ 3,540
Total 103 $ 14,560
We hope this information is helpful and are available to answer any questions you may have.
Sincerely,
ROSENOW SPEVACEK GROUP, INC.
Jim Simon
Principal
cc: Alexa Smittle, RSG
Page 12 of 12
235
CALIFORNIA AGENDA REPORT
MEETING DATE: July 26,2011 Council Item(X) CRA Item ( )
TITLE: Protest hearing for placement of special assessment liens for
_ delinquent refuse accounts.
f
PRESENTED BY: Matt Wirz,Management Analyst
RECOMMENDATION: 1)Adopt Resolution No. 2011- ,confirming
delinquent charges for solid waste collection.
2) Authorizing special assessments against the parcels listed in
Exhibit"A"Attached.
BACKGROUND:
In 1996 the City Council adopted Ordinance No. 162 which was codified as Municipal Code
Chapter 5.42. The main purpose of Municipal Code Chapter 5.42, is to control integrated waste
management services.
In order to avoid illegal dumping or stockpiling of trash, the City instituted mandatory refuse
collection requiring the franchise hauler (Burrtec Waste Industries, Inc.) to collect all trash
placed at the curb and to use all reasonable means to collect fees for the service. The City and
Burrtec Waste Industries Inc. (Burrtec) monitor the participation of all property owners within
the City for refuse collection and proper disposal.
DISCUSSION:
Section 5.42.120, "Liability for Fees" identifies the financial responsibility for refuse fees, and
the arrangement for the collection to meet the requirements of Chapter 5.42. The franchise
hauler's responsibility is to pursue the collection of the fees. However, where the .franchise
hauler is unsuccessful in their attempts, the City then conducts a hearing prior to placing a lien
on the property. The collection of fees will be collected at the same time and manner as other
property taxes.
A notice was mailed on June 17, 2011, to all property owners who have delinquent refuse
accounts. The notice sent to property owners reminds them that failure to pay delinquent
amounts owed would result in a lien placed on their property and provides them the opportunity
to clear delinquent accounts with Burrtec Waste Industries, Inc., before July 26, 2011. To date,
numerous property owners have contacted Burrtec to resolve past due accounts.
COUNCIL AGENDA ITEM NO.
237
FISCAL IMPACT:
The City will receive some revenue through the franchise fee when the delinquent accounts are
paid through the County of San Bernardino property tax collection process. When liens are
collected by the County Recorder's office, County Recorder's office will then provide the due
payment to Burrtec. Burrtec will then provide the City of Grand Terrace with franchise fee
portion of the collected lien amount. A processing fee will be collected in conjunction with this
refuse lien for Burrtec Waste Industries, Inc.
Respectfully submitted,
att Wirz
Manage t An st
Manager Approval: Ae7vz���4��
Betsy IK4. Adams
City Manager .
ATTACHMENTS:
1. A. Delinquent Refuse Users at 6/6/2011
B. Resolution No.
2397
Exhibit"A"
Delinquent Refuse Users md6/6/20ll:
-- 21944V1V1ENDAAV
- �2u*umn�m|vvUUU5|
12709 ROYAL AV $134.64
' 22wfrp|�u�|
l2O8bLACADENADR
11840DELLALN
!-- -----
22005-- � �--
-'------------------.�-�--'-- ---� ''-� ���' -��-����-'----. --' - --�
|_23O32TA�AGER5T __ _ _ �________�� 1167�11S1O0OO.................._.......................... ... ___.........
� 21963 GRAND TERRACE RD _' $69J5 ___ _______ ! 827S223_�6OOOO__
/ IZO64ARUSSDR | $29�.G4 | O2763432SODOU
-`- - -- - -------- -' ' ----------- ------` ---- -` -` /
239
12556 REED AV
11951 MOUNT VERNON AV $99.75
----- -'---~''`
�
13196[OUNTRY CLUB LN
' 22uuoxxm/*xxxx*
---'- FLAMINGO-'
�
a4u
22706 ARLISS DR $171.84 0276 27102 0000
.. ......... ................................. ............ ..................... ................ ................................................................... ...............
22149 MAVIS ST $246.84 : 1167 26106 0000
............................................................................I................................................................................I............ .... ............ ............ .................................. I..................... ......... ...................... ...................................................................................................
22994 HAMPTON CT $195.76 1178 05134 0000
.................................................... .................................................................. ..................................
............................................................................................................................
22347 FRANKLIN ST $40.39 0277 25113 0000
............... ............................. . . .................. ................... ............. ........................................... ..........
22159 MAVIS ST $204.01 1167 26107 0000
................................................................................ ...........................................-1.1............................ ................................................................................................................. ............................... .... ........................................................................-..................
22594 ETON DR $246.84 0276 282 010000
. ............................ ............ .......................................................... ..................................... .......................-.....................................i
........................................ .................... .......
22730 RAVEN WA $199.50 1178 231410000
22120 TANAGER ST $210.19 1167 29122 0000
..........................._............. ................................................................ ................................................................................................................................................ ...............
$246.84 1178...12118 0000
23023 DE BERRY ST I
................................. .................I.................................. .............................................................. ...... ................................................................... .....................................................-..........I......................................................................... ..................
22568 ROBIN WA
$269.28 1178 22138 0000
12572 M I RADO AV $367.07 351180000
.................. ................................ ........................................................... ............... .................................... ............................-
1651 BOSTICK AV i $32.68 0163 48113 0000
....................... ........................................................................................................................I......................................... ................................
22275 MAVI S ST
.$.6.....7....3..2.......... ....... ... 1167 251 22 0000
............................. ...... .................................................... .................................
12827 REED AV $157 83 1167 38106 0000
12749 ROYAL AV $246.84 1167 21127 0000
.................. ............................................ .............................................. ........................................... ........................I............ ........._.-.................... ..............
12580 M I RADO AV $246.84 1167 35117 0000
...........- ....................... .............. ... .............................................................................................................................................................. .........................-.................................... ........................
11839 ETON DR $179.52 0276 23104 0000
12535 CRANE ST
.................................................................
$246.84
1 1178 16168 0000
... .......................................................................................................................
............
............................................ ....-.................. ....................................................... ... ....
12113 PALM CT
1 $246.84 1178 02128 0000
.................................. ............................ ................ ............................
............................ ------...................................... .................................... .......................... ..................
12247 PASCAL AV
.1,.$246,84 1167 24133 0000
................ .........._..................................... ................... ....................................._4 ................................_......................... ....... ............
22381 PICO ST $146.84 1167 37124 0000
21899 VIVIENDA AV $246.84 0275 223 49 0000
........................................... ........... ............... ...........i. ................ ............ ................. .......
...................................... ........................................................................................... ...
a 22233 LADERA ST $246.84 1167 30124 0000
.......................... ............. ............ ................... ....................... .......... I..........................................I............ ................. ............
23356-113LUE LUPINE CI 1167 322 24 0000
22425 TANAGER ST $169.80 1167 37178 0000
................ ........... ................ ...............................
.................. ...............
EAGLE
12629 EAE CT
............................................................................ $246.84 1 1178 17148 0000
........................................... ................. .............. ............................ ............................................................... ................
12451 VIVIENDA AV 1, $67.32 1167 26126 0000
............. ................ .......... ........ ............... . ............. .................... ................... ..........................
22313 MCCLARREN ST $106.96 0275 242 010000
....................... ..............................- ............................. ..................-.............._...................................... ......................
22606 KENTFIELD ST $171.84 1178 151510000
............................................. ..................................................................................................................................................................
. ......................... .................................... .................. ...............................................
12718 SANDBURG WA $67.32 1167 21166 0000
................. .... .... . ........................................ ...................... .................................................. .................. .......
22371 PICO ST j $246.84 1167 37125 0000
12420 QUAIL LN
J:: 1178 Ill 79 0000
............ ................ ..... .........
22463 KENTFIELD ST $35.05 1167 35109 0000
................................................................................................................. .................
...........................................................-......................................................................................................
22359 FLAMINGO ST
$369.43 1167 37148 0000
22444 DE BERRY ST
........ $269.28 1167 32177 0000
................................ .......... .......
............................................ ..................................................... ............................................. .................................. ..........
12671 THOMAS CT 1167 28144 0000
.................................... ............--------------- ..................................................
12804 REED AV i $388.44 1167 30125 0000
........ ................. ........................... ... .... ...................................................................... ............................................I..............
22176 CARHART AV $269.28 0275 27108 0000
22141 RAVEN WA $67.32... 1167 30168 0000
........... - .................
22139 TANAGER ST ............ 1..�269..2.....8... 1167 29117 0000
......................
......
12270 MICHIGAN ST 1 $269.28 1167 16123 0000
-------------------- 17-1-
241
126SOVVAR8LERAV $67.32 OOOO '
---------.------.--�--' ' 7- ------- ------- —'-----....
- --- �
�J73OLARKST i �269.2B SOOOO
' - -------
11870 BURNS AV $269.28
'
11875 MOUNT VERNON AV $269.28
22uu6xvnEmu|
22254uAnK S|
22262 MCCLARREN ST ; $252.24 0275 24128 0000
................--............................................._................................................_........_..................................;........_................................................................._..........._...................................._................-...... ....
22554 MAIN ST ; $269.28 1178 221710000
..........................................................................._......................................_....................................................................._...........:................................................__._............._....................................................:...................-..-...........__......_................_..........................................................
.
11724 ETON DR $224 40 ; .
................._.... ........ .................._._...._.._
22159 TANAGER ST I $201.96 1167 29115 0000
...................... .................................................._...._................................,.......:........_......_...._..._........................
............................................................_.. .. .................
12751 W I LMAC AV I..._$65.36................................................................... 1178 201 17 0000
...._..........._............................................................._............................._......---- ............... . _..
22577 DE SOTO ST........................................................................_.. $134.64............................. . . 1178 03129 0000...........................................__............._....................
_.._..._..__...................r.................................................._......................................._............_......_. ...
12740 SANDBURG WA $169.28 1167 21163 0000
22655 MINONA DR $63.06 0276192 04 0000
............._...._............... ........-.........._.................................................._._._..................................... ----....._....._....................._......._._..._._............................................_.........................................._............_.................. ......................_..............................
:
22370 FLAMINGO ST $126.14 ! 1167 371 28 0000
...........__.._................................._....._.............._.................................._............._.._................................. _.._............................................._........_._..........................................
......_.._......................................._......._........_._..................... .................._..................................
...:
22196 MCCLARREN ST $269.28 0275 24105 0000
_.._._....__.._____.._
22664 MINONA DR $201.96 027619112 0000
- ..............__...__...._.........................................._........................................_.............................
22780 MIRIAM WA $67.32 0276 222 04 0000
..................._................._................_......_....._................................................................................................_............._.............................................................._._............................_........__........_...._..........................._....._............................. .................---................................
:
22298 MCCLARREN ST $33.13 0275 241310000
.......................__......_._................................._....._..................._. ......................._ ... -.. _..............................._.._.................................._.....----.._..............................._.........- ...._.._..........................._.....__......__......................_:
12476 WARBLER AV $209.44 117810150 0000
22353 VAN BUREN ST $116.69 1167 35165 0000
TOTAL $33,311.01
........................................................................................................._........................................_.. ._.._..........................._.........................................................
:.. ....._.. _._............. .............._ ......_.... .........................
l
243
i
r
RESOLUTION NO.2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,ADOPTING A REPORT OF
DELIQUENT REFUSE USER FEE AND DIRECTING THAT
SUCH DELIQUENT FEES BE COLLECTED ON THE TAX
ROLL AND BE IMPOSED AS A LIEN UPON PROPERTY
WITHIN THE CITY OF GRAND TERRACE
WHEREAS, pursuant to Section 5.42.120 of the City of Grand Terrace Municipal Code
every person required to arrange for refuse collection or the collection of recyclable or
compostables shall be liable for the service access fees and charges for such collection, whether
or not collection services are utilized; and,
WHEREAS,the owner, occupant or other person responsible for day-to-day operation of
the premises shall make arrangements for collection of refuse to meet the requirements of this
chapter. If service fees and charges are not paid as required, the owner and occupant each shall
be jointly and severally liable for this payment. The City may collect the fees and charges plus
any interest or penalties on the property tax roll for the property,
NOW, THEREFORE, the City Council of the City of Grand Terrace, does hereby
resolve as follows:
1. The Delinquent Refuse User List (Exhibit"A" attached) filed with the City Clerk
contains a description of each parcel of real property and the amount of the delinquent refuse
service fees, for the fiscal year 2010-2011 and the Delinquent Refuse User List is therefore
approved and adopted.
.2. The Delinquent Refuse User fees shall be forwarded to the San Bernardino
County Auditor Controller and shall be collected on the tax toll for fiscal year 2010-2011 in'the
same manner, by the same person, at the same time, together with and not separately from, the
general taxes.
3. The Finance Director shall file with the Auditor Controller. a copy of the
Delinquent Refuse User List, with a statement endorsing the signature of the City Clerk that it
has been fully adopted by the City Council,together with a certified copy of this Resolution.
PASSED,APPROVED AND ADOPTED this 260'day of July,2011
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
244
RESOLUTION NO.
Page 2
I, BRENDA MESA, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. was introduced and adopted at a regular meeting of the City Council of
the City of Grand Terrace on the 26 h day of July, 2011, by the following vote:
AYES:
NOES:
-- ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
245
CALI1FORNIA AGENDA REPORT
MEETING DATE: July 26, 2011 Council Item ( X ) CRA Item ( )
TITLE: Seventeenth Amendment to Law Enforcement Services
Contract No.' 94-797 with the County of San Bernardino and
Update on Local Government Vehicle License Fee Funds,
SEBA Membership Vote and Corresponding Impacts to Half
Funded Patrol Deputy Position
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Approve the Seventeenth Amendment to.Law Enforcement
Services Contract No. 94-797 with the County of San
Bernardino, which restores the half funded Patrol Deputy
position to a fully funded position, and authorize the Mayor to
execute the agreement.
BACKGROUND:
When the City Council adopted the Fiscal Year (FY) 2011-12 budget on June 28, 2011, ,
the following two issues existed which could impact restoring the half funded Patrol
Deputy position to a fully funded Patrol Deputy:
■ Status of the Citizens. Option for Public Safety (COPS) grants and booking fees
subventions after June 30, 2011 when the 0.15 percent Vehicle License Fees (VLF)
-increase sunsets.
■ Status of the San Bernardino County Safety Employee Benefit Association (SEBA)
membership vote on - contract concessions proposed by the County of San
Bernardino.
The final outcome on each of these issues was mixed, trough favorable enough for the
Council to consider restoring the half funded Patrol Deputy position to a fully funded
position.
DISCUSSION:
On June.30, 2011, the Governor signed Senate Bill (SB) 89 as part of the budget
legislation. SB 89 restored funding for-the COPS grants and booking fee subventions
by diverting the local government VLF revenue (general fund per capita allocation) to
COUNCIL AGENDA ITEM NO. '7rN\
247
Seventeenth Amendment to Law Enforcement Services Contract No. 94-797
with the County of San Bernardino & Update on Local Government
VLF Funds, SEBA Membership Vote &Corresponding
Impacts to Half Funded Patrol Deputy Position
Page 2
fund these local government law enforcement programs. The net result of the State's
VLF actions for Grand Terrace is shown in the following table:
Description $
Restore COPS Grant 100,000
Restore Booking Fee Subventions 20,000
Loose VLF Per Capita -44,510
Net General Fund Impact 75,490
The $100,000 COPS grant must be used for frontline law enforcement and therefore
should be applied toward restoring the half funded Patrol Deputy position to a fully
funded position. A total of$118,404 is needed.
The outcome of the SEBA membership vote was 'disappointing. The management
employees represented by SEBA voted in favor the County's proposal with the balance
of the membership voting against it. The concessions were implemented for the
management employees, which provided minimal savings for Grand Terrace because
the vast majority of the City's contract for law enforcement services is comprised of non
management positions. Knowing that additional savings were needed to restore the
funding of the Patrol Deputy position, our Lieutenant proposed a reallocation of the cost
of his vehicle which has been incorporated into the contract cost (Schedule A). This
and the concessions accepted by the management employees result in addition savings
of $9,893 which leaves $8,511 in funding needed for the Patrol Deputy position. Staff
believes, based on actual costs in prior fiscal years, that there may be budget savings in
either overtime or fuel .and maintenance costs available to cover this amount and
therefore recommend that the half funded Patrol Deputy position be restored to full
funding. The Seventeenth Amendment to Law Enforcement Services Contract No. 94-
797 with the County of San Bernardino included this Patrol Deputy position as being
fully funded.
With regard to the contract, there is an outstanding policy issue identified during the FY
2011-12 budget process for which staff needs direction. The question of whether or not
the City should explore alternatives to the Sheriffs Department for law enforcement
services has not been addressed. Some members of the Council have individually
expressed a desire to do this but Council as a body has not provided such direction.
The City's contract for law enforcement services with the County requires the City to
provide written notice "at least one (1) year before the date specified for such
termination," which would need to be considered if the City were to provide direction to
staff to look for alternative service providers.
248
Seventeenth Amendment to Law Enforcement Services Contract No. 94-797
with the County of San Bernardino & Update on Local Government
VLF Funds, SEBA Membership Vote &.Corresponding
Impacts to Half Funded Patrol Deputy Position
Page 3
FISCAL IMPACT:
The funding needed to restore the half funded Patrol Deputy.position to full funding will
come from the COPS grant ($100,000), management and `Lieutenant vehicle savings
($9,893) and anticipated budget savings for law enforcement services ($8,511).
The City will also need to address the loss of $44,510 in General Fund revenue due to
SB 89's elimination of the VLF per capita revenue for local governments. The
!� restoration of the booking fee subventions ($20,000 in the FY 2011-12 budget) is not
mandated for frontline law enforcement and can be applied toward the VLF per capita
loss. The remaining $24,510 will be addressed in-the mid year budget, or sooner if
additional savings or revenue are identified to offset the.VLF per capita revenue loss.
Respectfully submitted:
Betsy WrAdams, City Manager
ATTACHMENTS:
Attachment A: Seventeenth Amendment to Law Enforcement Services Contract
No. 94-797 with the County of San Bernardino
249
Attachment A
Seventeenth Amendment to Law Enforcement Services Contract
No. 94-797 with the County of San Bernardino
250
FOR COUNTY USE ONLY
New Vendor Code Dept. Contract Number
a`O° " Change SC
_ Cancel SHR A 94-797 A-17
County Department Dept. Orgn. Contractor's License No.
Sheriff SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Greg Garland, Captain (909)387-3649 $ 1,877,107
F A S Contract Type
[Revenue Encumbered 17 Unencumbered 1771 Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
07/01/11 06/30/12 $ $1,877,107
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
AAA SHR SHR 9565 GRANDT $ 1,877,107
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
Contract Law Enforcement FY Amount I/D FY Amount I/D
2011-12
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of Grand Terrace hereinafter called CITY
Address
22795 Barton Road
Grand Terrace, CA 92313-5207
Telephone Federal ID No.or Social Security No.
(909)824-6621
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.)
SEVENTEENTH AMENDMENT
'Contract No. 94-797 providing law enforcement service to the City of Grand Terrace is hereby amended, effective
July 1, 2011, by replacing Schedule A, referred to in paragraph IV, with the Schedule A attached hereto and
incorporated herein by reference.
Except as amended, all other terms and conditions remain as stated therein.
Auditor/Controller-Recorder Use Only
❑Contract Database 13 FAS
Input Date T—`eyec!By
Page 1 of 2
251
[This page intentionally left blank]
COUNTY OF SAN BERNARDINO City of Grand Terrace
(Print or type name of corporation,company,contractor,etc.)
► By ►
Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
Dated: Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS'
DOCUMENT HAS BEEN DELIVERED TO THE Title
CHAIRMAN OF THE BOARD (Print or Type)
Laura H.Welch Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address 22795 Barton Road
Deputy
Grand Terrace, CA 92313-5207
Approved aigo al Form Reviewed by Contract Compliance Presented BOS for Si ture
County Counsel,by teEli
ngley uty Departme Hea
Date Date Date
252
SCHEDULE A
Law Enforcement Services Contract
City of Grand Terrace.
2011-12
Deletions: 1-Traffic Deputy, 1-marked unit, .5-unmarked unit
FY 2011-12
LEVEL OF SERVICE COST
0.27 - Lieutenant 55,848 1
1.14 - Sergeant 268,540 1
1.11 - Detective/Corporal (40 hours/week) 173,155 1
6.87 - Deputy Sheriff(248 hours/weeek) 976,717 1
1.00 - Sheriffs Service Specialist 66,885 1
1.60 - Office Specialist 100,382 1
0.18 - Motor Pool Services Assistant 11,282 1
2.50 - Marked Unit 30,470 2
1.50 Unmarked Unit 11,216 2
1.00. - Ford Explorer 5,938 2
1.00 - Citizen Patrol 1,271 3
Dispatch Services 96,430 1
9 - HTs(Amortized over 7-years) 4,097
11 - HTs(Access&Maint Only) 6,552
1 - Additional MDCs 2,710
11 - Taser Replacement(Amortized over 4-years) 3,124
Administrative Support 7,916
Facility Costs 2,637
Office Automation 10,877
Services&Supplies 14,364
Vehicle Insurance 5,512
Personnel Liability&Bonding 30,269
County Administrative Cost 50,915
TOTAL COST: $ 1,877,107 1
Monthly Payment Schedule
1St payment due July 15, 2011: $136,513
2"d through 12d'payments due the 5"' of each month: $136,513
Grant Funded Deputy4
1St payment due July 15, 2011: $19,919
2"d through 12d' payments due the 5d'of each month: $19,912
Personnel costs include salary and benefits and are subject to change by Board of Supervisors'action.
2 Vehicle costs do not include fuel and maintenance. The city is responsible for fuel and maintenance of all
contract vehicles. Any fuel and maintenance costs charged to the county will be billed to the city on a
quarterly invoice.
3 No replacement cost is included for donated and grant-funded vehicles.
4 Cost of grant-funded deputy for 2011-12 is$238,951,which includes relief factor, support, supervision
and all related costs.The grant funded deputy is reflected in the total contract amount(TOTAL COST).
253
SCHEDULE A
Law Enforcement Services Contract
.City of Grand Terrace
2011-12
Additional Costs Billed Quarterly:
The City will be billed on a quarterly basis for the following items:
e Actual overtime cost.
e Actual on-call cost (on-call pay for safety employees for FY2011-12 is $185 per week).
e Actual cost of vehicle fuel and maintenance.
e Professional services from private vendors and other services, supplies and personnel costs
above the contract formula.
LEVEL OF SERVICE SUMMARY
SAFETY: GENERAL:
Lieutenant - . . 0.27 Sheriffs Service Specialist - 1.00
Sergeant - 1.14 Office Specialist - 1.60
Detective/Corporal 1.11 Motor Pool Services Asst - 0.18
Deputy Sheriff. - 6.87 Dispatchers - 1.18
9.39 3.96
VEHICLES: MISCELLANEOUS EQUIPMENT:
Marked Patrol Units - 2.5 Radar Trailer - 1 *
Unmarked Units Code 3 - 1.5
Pickup Trucks - 1.0
Citizen Patrol - 1.0
Donated Vehicles-ins Only - 1.0 * * (Included for insurance costs only)
7.0
254
PENDING CRA APPROVAL
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING-JULY 12,2011
A regular meeting of the Community Redevelopment Agency, City of Grand Terrace,was held in
the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,
on July 12, 2011 at 6:00 p.m.
PRESENT: Walt Stanckiewitz, Chairman
Lee Ann Garcia, Vice-Chairman
Darcy McNaboe, Agency Member
Bernardo Sandoval,Agency Member
Gene Hays,Agency Member
Betsy M. Adams, City Manager
Brenda Mesa, City Clerk
Bernie Simon,Finance Director
Joyce Powers, Community&Economic Development Director
Richard Shields, Building& Safety Director
Colin Burns, Attorney
Det. Wayne Martin,San Bernardino County Sheriff's Department
ABSENT: John Harper, City Attorney
Rick McClintock, San Bernardino County Fire Department
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M.
1. APPROVAL OF 06-21-2011 and 06-28-2011 MINUTES
CRA-2011-40 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
MC NABOE, CARRIED 5-0, to approve the June 21, 2011 and June 28, 2011
Minutes.
2. REVIEW OF CRA INVESTMENT POLICY
Agency Board directed staff to bring this item back with clarification on the reference to City
Treasurer.
3. Closed Session-Conference with Real Property Negotiators Pursuant to GC 54956.8
Property-APN# 0275-242-10 and#0275-242-11
Agency Negotiator- Betsy M. Adams
CRA AGENDA ITEM NO. i
256
Community Redevelopment Agency Minutes
July 12,2011
Page 2
This item was removed from the Agenda
4. Closed Session- Conference with Legal Counsel - Potential Litigation Pursuant to
GC 54956.9(b) - Two Cases
Mayor Stanckiewitz announced that the Agency met in Closed Session for conference with
legal Counsel-Potential Litigaiton Pursuant to GC 54956.9(b) -Two Cases,and there was
no reportable action taken.
Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 9:05 p.m.,
until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,July 26,2011 at .
6:00 p.m.
SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace
257