Loading...
07/27/2010 T FILLCOPY, GRAND TERR CIM July 27,2010- 22795 Barton Road 'Grand Terrace Caiifornia.92313-5295_ ,CITY OF ,GRAND ,T RRACE Civic Center _ 1 (900)814,'6621 Fax(909)783'-7629 Fax(909)783=2600 CRA/CITY° COUNCIL Maryetta Ferre Mayor REGULAR MEETINGS , Lee Ann Garcia �7� Mayor Pro Tem 2� AND 4TH Tuesday--.6;00 p.m. '' Bea Cortes Walt Stanckiewitz Council Members Betsy M.Adams ' City Manager - - Council.Chambers- Grand Terrace,Civic Center.. 22795 Barton Road Grant) Terrace, CA 9D IX-5295 ' CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS July 27,2010 GRAND TERRACE CIVIC CENTER 5:00 p.m. Workshop 22795 Barton Road 6:00 p.m. Meeting 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 F- 5:00 P.M. JOINT WORKSHOP CRA/CITY COUNCIL-REVIEW DEVELOPER REQUESTS FOR THE TOWN SQUARE PROJECT 6:00 P.M. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 07-13-2010 Minutes Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. 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. 07-27-2010 Approve B. Waive Full Reading of Ordinance on Agenda C. Approval of07-13-2010 Minutes I Approve COUNCIL AGENDA 07-27-2010 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION D. Emergency Operations Committee Minutes of June 1,2010 Accept E. Community Emergency Response Team(C.E.R.T.)Minutes of Accept June 1,2010 F. Crime Prevention Committee Minutes of June 14,2010 Accept G. Sixteenth Amendment to the Law Enforcement Services Approve Contract with the County of San Bernardino(Schedule A) H. Treasurer's Report for Quarter Ending June 30,2010 Approve r I. Xerox Copier Lease Approve/Authorize 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any ' items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements i 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. Town Square Project r Resolution Approving Tentative Parcel Map 08-01 (Tentative Approve Parcel Map No. 17787) to Consolidate Seven Lots and Resubdivide them into Seven New Parcels Located on the South Side of Barton Road and the East Side of Michigan Street, Zoned BRSP-General Commercial Resolution Adopting Environmental Findings Pursuant to the Approve California Environmental Quality Act, Certifying the Final Environmental Impact Report(SCH 2O08071017)and Adopting a Mitigation Monitoring and Reporting Plan for the Grand Terrace Town Square Master Development Plan Resolution Approving Site and Architectural Review 07-12 Approve (Grand Terrace Town Square Master Development Plan ("TSMDP")Master Sign Program 09-01,Site and Architectural Review 07-07 and Sign Program Plans for Development Unit 1 of the TSMDP("Project"),Located on the South Side of Barton Road Between Michigan Street and the Cage Canal Zoned BRSP-General Commercial; and Recommending that the City Council Approve Tentative Parcel Map 08-01 (Tentative Parcel Map No. 17787) 7. UNFINISHED BUSINESS-None COUNCIL AGENDA 07-27-2010 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 8. NEW BUSINESS A. Hearing for Special Assessment and Lien for Nuisance Approve/Adopt Abatement at 12559 Michigan Street 9. CLOSED SESSION A. City Attorney Contract GC54957(b) 1 B. Conference with Legal Counsel - Potential Litigation - GC54956.9(b)(2)and GC54956.9(c) ADJOURN r `• THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,AUGUST 10,2010,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. t � :N LIf0R N IA AGENDA REPORT - WORKSHOP MEETING DATE: July 27, 2010 Council Item ( X ) CRA Item ( X ) SUBJECT: Review of Developer Requests for the Town Square Project PRESENTED BY: Community and Economic Development Department RECOMMENDATIONS: That both the Council and Agency review requests received from the developers of the Town Square project and provide direction to staff regarding the preparation of the appropriate agreements. BACKGROUND: There have been numerous discussions with Jacobsen Family Holdings and Stater Bros. concerning the development of Town Square. More recently, staff has received requests for development impact fee offsets, extension of entitlements, and other project incentives. Typically, a Development Agreement is prepared to document approval of any fee offsets and time extensions, which would"be forwarded first to the Planning Commission to consider the extension of the entitlements to five years. This request is from Jacobsen Holdings, the master plan developer. Stater Bros., the developer of Phase 1, has requested economic development incentives that may be incorporated into a separate Economic Development Agreement. Those discussions have involved a jobs covenant to guarantee new job creation and job retention and the possibility of creating a public park and ride facility on site. DISCUSSION: Development Impact Fees and Plan Check Fees The Municipal Code allows the City'Council to consider modification of fees. The requested fee offsets for storm drainage, general facilities, parkland/open space acquisition, and sewer connection are based on the fact that the residential and commercial uses previously on the site created a higher demand than would the proposed uses. For example, the new Master Plan will not contribute to any new flows to the current storm drainage system, and will actually decrease the flows from the earlier uses because all water will be collected, treated and retained on site. The impact on General Facilities, which are new City administrative facilities, vehicles, and equipment, is also much lower than with the prior uses. A 100% credit for parkland Lind open space acquisition is also requested because the new commercial development will not impact these services as did the earlier residential use. The credit for sewer connection fees is based on the lower capacity required for the new project as compared to the original capacity already purchased in the system for this site to serve the previous, more intense residential and commercial uses. 1 I � I The fees that have been and would be collected in full include: sewer use! Building and Safety, Fire Service, Engineering, Planning, Traffic Signal, and Traffic Circulation. i Stater Bros. paid $7,164.11 in plan check fees in April 2009 to expedite-the start of construction, and the plan check expired after one year. At the one-year point, the plan check was approximately 75% complete. To date, the City has paid Willdan $2,800.00 for plan check related to the store. Funds remaining will.cover approval of the plans, so an extension of the one-year plan check is requested without the-payment of additional fees. The plan check is expected to be completed within 30 days. I Due to global economic conditions, the developer has requested that any fee increases than may occur over the succeeding five years not be applied to future phases of Town Square and that the, entitlements remain valid for five years. Based on the uncertainty of the schedule to attract new businesses to the site; staff supports consideration of this request. Economic Development Incentives Stater Bros. representatives have proposed an economic development package based on- project benefits to the City, which include job creation (both construction and permanent jobs), property and sales tax benefits, and new enhanced services the project will bring to the community. For afive-year period, excess parking will be available on site that could provide a public parking easement for up to 45 spaces that could be used as a park and ride facility to reduce' regional traffic congestion, particularly during upcoming construction of freeway projects. The Agency's cost of the parking I easement is proposed at $49,000.00 per year, or$1,089.00 per space per year. i The new Stater Bros. will-retain and create 20 permanent full time jobs and 76 part-time jobs, or 77, " full-time equivalent jobs (FTE), including the full-service pharmacy. Proposed criteria for a jobs I covenant agreement would guarantee these jobs for a period of five years at a projected Agency cost of F $192,500.00 per year, or $2,500.00 per new FTE job each year, which would be confirmed annually. Phase 1 of the project will also create approximately 140 construction jobs. Staff has also requested 1 that Stater Bros. reserve a percentage of the_positions for Grand Terrace residents, but had not yet resolved that proposed number when this Agenda Report was prepared. At build-out, the project is expected to create approximately 208 permanent jobs. At this point in time, it is difficult to specifically quantify the related'spin-off benefits of the new employment 1 opportunities or predict the timing of additional construction for other new businesses. New property taxes-created by the Stater Bros. market alone are estimated to be $24,000.00 per year to the General Fund and $48,000.00 to the Agency, based on a $12 mil ion valuation of the new construction. Sales tax revenue is projected to increase by 22% over the current store's sales tax due 1 to the expanded services. As new structures in future phases are built, the revenue would continue to 1 increase, as would employment opportunities. In addition, the Agency's Redevelopment Plan specifically outlines the following goals and action 1 plans, which are achieved through this project: 1, 1. Eliminate and prevent the,spread of blight and to redevelop the Project Area. ?. Provide for the enhancement and renovation of businesses to promote their economic vitality. 3. Stimulate investment of the private sector in full development of the Project Area. 4. Make underutilized land available for development and restore sites for feasible private development. 1 5. Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles. 6. Provide for the development or redevelopment of land by private enterprise for uses consistent with the objectives of the plan. 7. Provide financing for the assistance .of development that increases the City's economic base and the number of temporary and permanent jobs. Based on direction from the City Council and Agency, staff would complete the agreements discussed above and present them for the appropriate approvals. Staff recommends consideration of the project requests due to the new property taxes, increased sales tax, job creation and retention, reuse of idle property that alleviates blight, the expanded services for the citizens, and the positive statement that project construction will offer. FISCAL IMPACT: Fee offsets would create no fiscal impact to the General Fund. The fee credits would affect the special- funds described, but would not slow any planned projects. The impact to the Agency would be approximately $239,500.00 annually for the first five years after completion of the Stater Bros. store. The Agency has approximately $4.6 million available for new projects and programs. Respectfully submitted, Joyce Oowers Community and Economic Development Director Concurs with, Ric and Shields Building and Safety/Public Works Director Manager Approval: i Betsy,-M. Adams City Manager 3 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-JULY 13,2010 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 13, 2010 at 4:30 p.m. z- PRESENT: Maryetta Ferre, Chairman Bea Cortes, Agency Member Walt Stanckiewitz,Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director John Harper, City Attorney Sgt. Palomina, Sheriff's Department ABSENT: Lee Ann Garcia, Vice-Chairman Richard.Shields, Building& Safety Director Rick McClintock, San Bernardino County Fire Department CONVENE JOINT WORKSHOP CRA/CITY COUNCIL- OPERATION OF SENIOR CENTER AT 4:30 P.M. Betsy M.Adams,City Manger,indicated that the purpose of the-workshop is to give staff the opportunity to advise Council of three issues that came up with regard to operations of the Senior Center that were identified when the Cities Insurance Pool, California Joint Powers Insurance Authority,did an onsite risk evaluation of all City operations on June 9,2010. The first of the three issues that they identified at the Senior Center is that we do not have an agreement between the City and the Grand Terrace Senior Club,who operates the center on our behalf. The second is that we do not have insurance from:the Grand Terrace Seniors and the third is that there is a need for some additional written policies to document some of the practices at the Senior Center. She stated that there are representatives from Family Services at the meeting to give a presentation and that JOAnii Johnson is also prepared to give a presentation. She gave the background of how the Senior Center has been operated over the years. In considering addressing the concerns that JPIA identified, Staff has come up with three potential options:To continue having the Grand Terrace Senior Club operate the Senior Center with them becoming a legal entity capable of entering into a written agreement and obtain the appropriate limit of insurance. The second option would be to have City Staff operate the Senior Center, which she feels would be the option of last resort. The third potential option would be to out-source the operation of the Senior Center to an organization. Family Services has provided a list of services that they can provide and their qualifications. CRA AGENDA ITEM NO. I Community Redevelopment Agency Minutes July 13,2010 Page 2 She is looking for desirable outcomes that Council would like staff to evaluate further. Veronica Dover, Chief Operating Officer, Family Services Association, stated that they are a non-profit agency. They have been providing services since 1953i They provide a wide variety of services including mental health services, child development centers, operate senior community centers, provide senior nutrition services, senior specialty services, prevention and early intervention services for seniors, and affordable housing. When they provide services to community centers and operate community centers, their philosophy is very much in line with family services mission which is, "Family Strength is Community Strength". Seniors and their families have a lot of needs and have a`lot of desires for their centers. They have advisory counsels in every single program that they offer. Those counsels play a very important role in their programs by involving 4those members of the community that they are serving that tell them what they want to see. JoAnn Johnson, Senior Center, stated that she likes what she has heard. She feels that most of the seniors are concerned about losing their independence. They, have had almost total freedom to have the activities and programs that they wanted as lng as they could find someone willing to take on the responsibility for the program. They have had some self- imposed rules, that were intended to avoid problems in the future.; The Information and Referral Office was formed in 1988/1989. They moved into the Senior Center in July of 1991. They are listed on several websites, including the nation-wide 211 information and referral system. The Information and Referral Office underwent a drastic change when they moved into the present building because of the lack of space. They have several different funds that support different things and produce the necessary money to purchase supplies, equipment and other things. They sell good stuff and own their own soda machine and coffee service. Their treasurer keeps record of the income and expenses and they have a checking account and a CD. There are some organizations that use the building on a complementary basis only because they have volunteers that are willing to open and close the facility. The Foundation of Grand Terrace,The Friends of Blue Mountain are long time cases and point. They have also allowed TOPS to use their facility as a courtesy. Their number one concern for them is how much independence will be lost and how much independence can they maintain. Will they be able to keep their existing activities and programs. How will they handle their finances,will their treasurer be able to receive money and write checks without going through a month long process. The building was planned for only two offices, the Information and Referral and the Presidents Office, how will this change affect that space. Can they remain a senior center and noti become a community center. Their building was never intended to be used by children. I here are many things about the proposal that are very appealing. She feels that it could be beneficial to combine programs with Highgrove as well as other near by centers. There also might be the possibility of connecting the two centers with public bus service. Many of their members live in Highgrove. The Senior Center and Information and Referral Office have operated quite smoothly for 19 years plus the three years that they spent at the Lion's Community Community Redevelopment Agency Minutes July 13,2010 Page 3 Center. She wants the organization to continue for years into the future. Councilmember Walt Stanckiewitz,stated that the way he understands it,the Grand Terrace Senior Club is primarily a social organization. JoAnn Johnson, responded in the affirmative. Councilmember Stanckiewitz, questioned if the Senior Club wants to become a business organization. JoAnn Johnson, responded in the negative. Councilmember Stanckiewitz,stated that the Senior Club indicated that they sell coffee and he believes that they need a health permit to do that. There are liability's at the center that we may not be aware of. We need to try and come up with a solution that we can all live with. He questioned if there was anyone that actually live in the Villas at the Meeting. He questioned how to get the residents that live in the Villas to participate in the center. JoAnn Johnson, responded that there is a large number of residents of the Villas that are members of the Club. There are a few that participate in the programs. Councilmember Stanckiewitz, questioned if the Club has had an opportunity to discuss the proposal from Family Services. JoAnn Johnson, responded that they just recently received the proposal so they have not. Councilmember Cortes, stated that this is a very difficult issue that has come before the Council. She stated that she has been elected to protect and to provide for the community. She would like to provide the Seniors with what they have always done,however,it appears that this is a liability issue. She would like the City Manager to look into having Family Services meet with the Senior Club. JoAnn Johnson, stated that they have been very comfortable doing things the way that they have, however, she understands what the Council is saying. City Attorney John Harper, indicated that from the City's perspective and the Joint Powers Insurance Authority, it's the City's liability that we are concerned with. He can't give legal advice regarding this issue,however,he is much more concerned about the liability that each individual has if they operate as a club and somebody comes in and slips and falls, they are going to sue the club and each individual. They have no protection. Mayor Mpaetta Ferre,indicated that this is all new territory. She stated that the Senior Chub Community Redevelopment Agency Minutes July 13,2010 Page 4 would like the center to remain a Senior Center and not become a Community Center. She would like to be assured that this center would remain a Senior Center. Veronica Dover,stated that she is very impressed that a volunteer group has been able to run the center. They are more than happy to work with the club and the City should they ask them. City Manager Adams,stated that it would be the City's decision on whether or not the center would remain a Senior Center or a Community Center. When she Ias had conversations with Family Services it has been specifically with regard to running the program as a senior center. Mayor Ferre, she would like reassurance that if we go with Family services that the center would remain a Senior Center. She questioned if the advisory group could consist of the Senior Center Group. Veronica Dover, responded that they have two facilities that run solely as a senior center. They are happy to provide the services that the City/Seniors want them to provide. They would be happy to utilize the Senior Center Group as an advisory counsel. They may add to that group. Mayor Ferre, stated that JoAnn Johnson is an important member of this organization and i success of the organization over the last twenty years. She questioned where she fits into this picture. Veronica Dover, responded that she would be an integral part of developing this advisory counsel and developing the plan for the services that they will provide. She can't say that there won't be any changes. She sees JoAnn and this Club as an asset. They are a very collaborative organization. Mayor Ferre, questioned how the finances would work. Veronia Dover,responded that they would have to negotiate. A meeting with City Manager Adams and the Senior Group would have to be held so that they can negotiate how that would work. Councilmember Stanckiewitz,he realizes that we currently don't have a commercial grade kitchen which limits what is offered to the seniors. When the commercial grade kitchen is in, how will that change the lunch program. Veronica Dover, responded that they will cook in the kitchen on site. Community Redevelopment Agency Minutes July 13,2010 Page 5 Mayor Ferre, stated that it sounds to her like there are many parts of the Family Services proposal that could work out with the Grand Terrace Senior Group. Because we are just starting this process she is wondering if a meeting between the groups would be beneficial and feels that this may be the best way to go. Cily Manager Adams, stated that the seniors in the past were using the City's Tax ID Number,unless they become a legal entity of some type when they collect money it will be personal income to them and she thinks we would have to look at how that would be handled on City premises. There are a lot of complexities to this issue. City Attorney HWer, stated that it would be easy for the group to become a non-profit group. Ci . Manager Adams,feels that it would be helpful to staff to have the Council give direction of which level of service they would be interested. It was the consensus of the Council to look into the lower level of service to begin with Flo Elliott, 822 Cimarron Drive,has been a member of the Senior Board for quite some time. She questioned what type of insurance they would have if Family Services took over the center or if they would still need to have insurance on their own. If they remain as the volunteer group she understands that they would need some type of insurance coverage,but she would also like to know what other things the City would like them, as a totally independent group, to have. Denis Kidd, 22874 Pico Street, stated that as it has been brought out, FSA Manages the Norton Younglove Community Center in Highgrove and as far as he can see the people in Highgrove are satisfied with their management of the center. Jane Haines Lee, 22167 Lark Street, this is a new topic and they haven't had a chance to meet with them. They have a lot of questions and they would like to meet with Family Services to see if they can have a better understanding. City Attorney arper,responded that Family Services has insurance and it would be required if we were to enter into a contract with them. The JPIA principal of liability concern from the City's perspective was when an entity un-associated with the City was operating in a city- owned facility. If Family Services or some other organization contracted with us and provided insurance,the JPIA's concern goes away. He would expect that there would be a way to structure the advisory committee so that they were City Volunteers and the JPIA would cover City Volunteers. City Manager Adams, stated that she feels that it is important that it is clear that if we enter i Community Redevelopment Agency Minutes July 13,2010 Page 6 into a contract for Family Services to operate the Senior Center,they will operate the entire center and they will report to the City. Family Services will create an advisory counsel that would consist of the Senior Center Group and others. Dom Betro, CEO Family Services Association,reported that they are a non-profit and they are incorporated and carry 1 million, 3 million coverage as well as a 7 million umbrella. When they go into these sites they indemnify and co-insure the entity that they are working for. There are always items, since the City owns the building, that they are responsible for but they would be more than adequate in terms of the insurance that would be required by the City. They like to set-up advisory counsels. They have a very similar relationship in the City of Calimesa with a counsel that existed before they came on board. They advise them on programs,fundraising, and what they want to do. He often advises such groups that it is not in their best interest to apply for a non-profit status because then they have to comply with all the legal and insurance issues that take away from the passion that they really have, which is to see that the programs at the center run. They can certainl i accomplish all of their goals by being an advisory counsel to Family Services and their non-profit status covers donations, insurance, and all the things that you would get by formally incorporating and having to deal with all of the legal ramifications of it all. They run centers from$100,000.00 per year to $1.5 million per year. They are very good at catering and addressing what the needs are,what the capacities are and what the financial realities are and building from there. Overtime, although he can't guarantee,they also have a history of for every dollar they get from government they usually go out and raise a dollar from somewhere else. They would see this as a developing relationship that would grow. They understand the financial realities. They are currently having conversations with 3 or 4 cities that are in the same situation. He feels that they have good working relationships with many cities and they would be interested and willing and enthusiastic about the possibility of working with the City of Grand Terrace. City Manager Adams, stated that it is her understanding that Council would like her to have a meeting with Family Services and the representatives from the Seniors to talk about how i things could possibly work. She-needs to work on a draft agreement that we could be considering entering into with Family Services and at the same time identifying some financial options for Council to consider in terms of how to pay forlthe service. Chairman Ferr6 Adjourned the Joint Workshop of the CRA/City Council a�5:30 p.m. CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. i APPROVAL OF 06-22-2010 MINUTES CRA-2010-34 MOTION BY AGENCY MEMBER STANCKIEWITZ, SECOND BY AGENCY MEMBER CORTES, CARRIED 3-0-1-0 (VICE-CHAIRMAN GARCIA WAS Community Redevelopment Agency Minutes July 13,2010 Page 7 ABSENT), to approve the June 22, 2010 Community Redevelopment Agency Minutes. PROFESSIONAL . SERVICES AGREEMENT BETWEEN THE GRAND TERRACE CHAMBER OF COMMERCE AND THE REDEVELOPMENT AGENCY CRA-2010-35 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT),to approve a Professional Consultant Services Agreement in the amount of$10,320.00 per year between the Agency and the Chamber of Commerce to assist area businesses and approve a budget appropriation of an additional $1,440.00 for Fiscal Year 2010-11 to provide assistance to further develop Market Night. BLUE MOUNTAIN PARK PROPOSED FEASIBILITY STUDY FOR PUBLIC ACCESS Denis Kidd,22874 Pico Street,Chair and President of Friends of Blue Mountain,they would be in favor of the Blue Mountain Feasibility Study for Public Access. About 25 years ago the City of Grand Terrace obtained about 2 acres on'Observation Drive at Van Buren from l�, a Developer. The Purpose of that property was for a park. He feels that it is time now to develop that park. The Fundraising Chair has told him that they are going to have a hard time raising the money that they need to purchase the 10.5 acres on Blue Mountain unless they get the City involved. He knows of one potential donor that will not donate until they are sure that there is going to be a park. His proposal is to start out with a mini 70 acre park. They need a sign and a trail head. They are asking that the city develop the two acres as an entrance to the park and trail so that they can raise money to get the park going. JoAnn Johnson, 12723 Mt.Vernon Avenue,supports the idea. She has been with the Friends of the Blue Mountain since the beginning. She feels that this is a fantastic start and that Grand Terrace would be very lucky to have a park on Blue Mountain and that this is a good way to get started raising funds. CRA-2010-36 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 3-0=1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT), to direct Staff to issue a Request for Proposals for a feasibility study to provide public parking and trail access to Blue Mountain Park. AWARD CONTRACT-GRAND TERRACE ROAD STREET IMPROVEMENTS - GTB-2010-02 (PALM CANYON) Rita Schwark,21952 Grand Terrace Road,is very pleased to hear that they are finally going i Community Redevelopment Agency Minutes July 13,2010 Page 8 to do some work on her road. She is requesting emergency phone numbers during closed hours for the company that is doing work so that she doesn't have to call the Sheriff's Department. She also requested an emergency phone number for Code Enforcement for after hours. Once the street is improved she questioned if the truck traffic will be addressed. She questioned if anything will be done about the broken sign on Mt.Vernon and Grand Terrace Road. She would like a meeting to be held with the residents so that they can express their concerns. CRA-2010-37 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT), to approve a Resolution Adopting Certain Findings Regarding the Construction and Installation of Public Improvements, Which are of Benefit to the Grand Terrace Community Redevelopment Project Area and Appropriate $266,040.50 for Project Costs, Construction Contingency of 10%, and Project Management(before reimbursements). Mayor Ferrd adjourned the Community Redevelopment Agency Meeting at 6:38 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, July 27, 2010 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 C ) vchlist Voucher List Page: 1 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65511 7/7/2010 010996 CA PUB EMPLOYEES' RET. SYSTEM H2O100714930C JULY EMPLOYEE/DEPENDENT HEALTH INSURAf 10-022-61-00 7,114.78 10-120-142-000-000 294.44 10-125-142-000-000 552.10 10-140-142-000-000 82815 10-172-1427000-000 349.65 10-175-142-000-000 570.50 10-180-142-000-000 128.82 10-190-265-000-000 72.19 10-370-142-000-000 62570 10-380-142-000-000 276.04 10-440-142-000-000 2,313.36 10-450-142-000-000 294.44 10-625-142-000-000 239.23 16-175-142-000-000 809.72 21-572-142-000-000 368.08 32-200-142-000-000 588.91 32-370-142-000-000 404.87 34-400-142-000-000 331.23 Total : 16,162.21 65512 7/8/2010 006772 STANDARD INSURANCE COMPANY July Life Ins & S' EMPLOYEE LIFE INSURANCE & STD Page: 1 COUNCIL AGENDA ITEM!! NO.3[� vchlist Voucher List Page: 2 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65512 7/8/2010 006772 STANDARD INSURANCE COMPANY (Continued) 10-022-66-00 1,190.93 10-120-142-000-000 1042 10-125-142-000-000 1042 10-140-142-000-000 15.63 10-172-142-000-000 6.59 10-175-142-000-000 10.44 10-180-142-000-000 6.26 10-185-142-000-000 6.95 10-370-142-000-000 10.31 10-380-142-000-000 5.21 10440-142-000-000 5435 10-450-142-000-000 556 10-625-110-000-000 3.95 16-175-142-000-000 15.26 21-572-142-000-000 663 32-370-142-000-000 677 32-200-142-000-000 12.15 34-400-142-000-000 687 34-800-142-000-000 2.78 Total : 1,387.48 65513 7/8/2010 004587 MANAGED HEALTH NETWORK 3200018210 JULY EMPLOYEE MANAGED HEALTH NETWORK Page: 2 I vchlist voucher List Page: 3 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65513 7/8/2010 004587 MANAGED HEALTH NETWORK (Continued) 10-172-142-000-000 6.33 10-175-142-000-000 1033 10-380-142-000-000 5.00 10-440-142-000-000 139.86 10-450-142-000-000 11 98 10-625-110-000-000 433 16-175-142-000-000 14.64 21-572-142-000-000 6.66 32-370-142-000-000 732 32-200-142-000-000 1166 34-400-142=000-000 6.63 34-800-142-000-000 2.66 10-120-142-000-000 1000 10-125-142-000-000 1000 10-140-142-000-000 1500 10-180-142-000-000 12.66 10-185-142-000-000 6.66 10-370-142-000-000 11.32 Total : 293.04 65514 7/8/2010 006772 STANDARD INSURANCE COMPANY 160-513170000( JULY EMPLOYEE/DEPENDENT DENTAL INSURAN 10-022-61-00 1,273.00 10-180-142-000-000 4408 Total : 1,317.08 65515 7/8/2010 011092 METLIFE SBC KM05654034 00 JULY EMPLOYEE DEPENDENT DENTAL INSURAN 10-022-61-00 203.58 10-180-142-000-000 5000 Total: 253.58 65516 7/8/2010 010737 WESTERN DENTAL SERVICES INC. 002484 7730 JULY EMPLOYEE/DEPENDENT DENTAL INSURAN 10-022-61-00 73.62 Total : 73.62 65519 7/13/2010 001907 COSTCO#478 0478 05 0239 8 C. CARE SUPPLIES 10-440-220-000-000 11539 Page. 3 vchlist Voucher List Page: 4 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65519 7/13/2010 001907 COSTCO#478 (Continued) Total : 115.39 65520 7/13/2010 010764 SAFEGUARD DENTAL&VISION 33206110 JULY EMPLOYEE/DEPENDENT VISION INSURANC 10-022-61-00 11967 10-180-142-000-000 1427 Total : 133.94 65522 7/15/2010 010447 STUDIO 33 PRODUCTIONS 10-389 Moive in the Park Sound Set-up 23-200-12-00 20000 Total : 200.00 65523 7/15/2010 011110 TIME WARNER CABLE July 84484005 .. July/Aug Internet& Cable Srvs . 10-805-238-000-000 121.43 Total : 121.43 65526 7/20/2010 010546 MPOWER COMMUNICATIONS July 2010 July Phone Service/Lines 10-190-235-000-000 1,01480 10-808-235-000-000 6353 10-380-235-000-000 200.00 10-440-235-000-000 2922 10-450-235-000-000 1460 Total : 1,322.15 65527 7/20/2010 011137 REPLACEMENT BENEFIT FUND RBF2010-135 2010 Replacement Charges-T Schwab 10-017-00-00 25,525 57 Total : 25,525.57 65565 7/27/2010 011136 ANDEREGG, SHELLY 07062010 C Care Credit Reimbursement -- --- - ---— -- - - -- -- - --10=440=28 - - -- -- -----97-20 ------ Total : 97.20 65566 7/27/2010 011007 BLUE SHIELD OF CALIFORNIA Aug J04365575- Aug COBRA Health-Berry Family 10-180-142-000-000 83655 Total : 836.55 65567 7/27/2010 001860 COLTON JOINT UNIFIED SCHOOL FY 10-11 FY 10-11 Lease pmt-Comm Ctr. 10-190-242-000-000 101 00 --� Page: 4 vchlist Voucher List Page: 5 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65567 7/27/2010 001860 COLTON JOINT UNIFIED SCHOOL (Continued) Total : 101.00 65568 7/27/2010 010147 CORTES, BEA July 2010 July City/Agency Stipend/Mileage 32-200-120-000-000 15000 10-110-120-000-000 77.06 10-110-273-000-000 20000 Total : 427.06 65569 7/27/2010 001907 COSTCO#478 0478 13 0201 91 C CARE SUPPLIES 10-440-220-000-000 4810 Total : 48.10 65570 7/27/2010 001930 DAILY JOURNAL CORPORATION B1888909 Notice of Inviting Bids 10-125-230-000-000 193.60 B1895084 Notice of Public Hearing 10-125-230-000-000 191.40 B1895092 Notice of Public Hearing 10-125-230-000-000 616.00 B1895095 Notice of Election 10-125-230-000-000 121 00 Total ; 1,122.00. 65571 7/27/2010 002450 FERRE', MARYETTA July 2010 July City/Agency Stipend 32-200-120-000-000 150.00 10-110-120-000-000 25000 Total : 400.00 65572 7/27/2010 002727 FREEMAN COMPANY, J R 441757-0 Office Supplies 10-125-210-000-000 22962 441777-0 Office Supplies 10-125-210-000-000 101.66 Total : 331.28 65573 7/27/2010 002795 GARCIA, LEE ANN July 2010 July City/Agency Stipend/Mileage 32-200-120-000-000 15000 10-110-273-000-000 146.06 Total : 296.06 Page. 5 vchlist Voucher List Page: 6 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65574 7/27/2010 010164 GREAT-WEST PR END 7/6/201 Contributions for PR END 7/9/2010 10-022-63-00 5,13572 Total : 5,135.72 65575 7/27/2010 010552 INTERNATIONAL CODE COUNCIL 07072010 FY 10-11 Class A Membership-Shields 10-172-265-000-000 2500 Total : 25.00 65576 7/27/2010 010449 KONICA MINOLTA BUS. SOLUTIONS 215042712 1st Qtr Copier Maint-Toshiba E-studio 10-172-246-000-000 25.00 10-175-246-000-000 2500 34-400-246-000-000 2500 Total : 75.00 65577 7/27/2010 005024 NEOPOST INC 46326495 FY 10-11 Postage Meter Rental 10-190-211-000-000 64761 46327007 FY 10-11 Rate Change Protection 10-190-211-000-000 16896 Total : 816.57 65578 7/27/2010 005450 OTIS ELEVATOR COMPANY SAU06425V710 FY 10-11 Elevator Maint. Svcs. 10-195-246-000-000 4,37683 Total : 4,376.83 65579 7/27/2010 005586 PETTY CASH 07142010 Replenish C. Care Petty Cash 10-440-228-000-000 3640 10-440-223-000-000 2750 Total : 63.90 65580 7/27/2010 010657 PROGRESSIVE SOLUTIONS 36086 FY 2010-11 SOFTWARE MAINT 10-140-246-000-000 4,30944 10-185-246-000-000 3,557.02 10-180-701-000-000 2,226.78 Total : 10,093.24 65581 7/27/2010 006310 ROADRUNNER SELF STORAGE INC 11597 August Storage Rental 10-140-241-000-000 238.00 1 _ Page. 6 vchlist Voucher List Page: 7 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65581 7/27/2010 006310 ROADRUNNER SELF STORAGE INC. (Continued) Total : 238.00 65582 7/27/2010 006531 S.B COUNTY SHERIFF 10040 FY 10-11 CAL-ID Assessment Fee 10-410-258-000-000 13,108.20 Total : 13,108.20 65583 7/27/2010 006556 S B COUNTY TREASURER 3437 FY 10-11 Budget Allocation-LAFCO 10-190-265-000-000 1,37568 Total : 1,375.68 65584 7/27/2010 010974 STANCKIEWITZ, WALT July 2010 July City/Agency Stipend/Mileage 32-200-120-000-000 150.00 10-110-120-000-000 250.00 10-110-273-000-000 200.00 Total : 600.00 65585 7/27/2010 006778 STAPLES 8015962187 3139230677 Kitchen Supplies 10-190-210-000-000 3937 Total : 39.37 65586 7/27/2010 010870 SWANK MOTION PICTURES, INC. RG 1458448 Movie in the Park-"Cloudy with a Chance 23-200-12-00 321.00 Total : 321.00 65587 7/27/2010 006898 SYSCO FOOD SERVICES OF L.A. 0070706924 C. CARE FOOD & SUPPLIES-- 10-440-220-000-000 40268 0071409163 C CARE FOOD & SUPPLIES- 10-440-220-000-000 382.02 Total : 784.70 35 Vouchers for bank code : bofa Bank total : 87,617.95 35 Vouchers in this report Total vouchers : 87,617.95 Page 7 vchlist Voucher List Page: 8 07/21/2010 11:06:29AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount Page- 8 �cl 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 SALARIES/WAGES 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 SERVICES 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 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT , 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT 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 vchlist Voucher List Page: 1 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code ofa Voucher Date Vendor Invoice Description/Account Amount 65517 7/12/2010 010164 GREAT-WEST PR END 6/25/10 Contributions for PR End 6/25/2010 10-022-63-00 5,13701 10-022-64-00 1,512.18 Total: 6,649.19 65518 7/13/2010 010218 CHEVRON&TEXACO CARD SERVICES 25633674 June Maint Vehicle Fuel 34-800-272-000-000 9921 10-180-272-000-000 54743 Total: 646.64 65521 7/15/2010 010664 SHELL FLEET MANAGEMENT 8000209687007 June Maint Vehicle Fuel 10-180-272-000-000 538.48 Total: 538.48 65524 7/15/2010 010812 LOWE'S COMMERCIAL SERVICES 909373 Maintenance Supplies 10-180-245-000-000 1664 23-200-12-00 303.18 915804 CERT Generator 10-808-708-000-000 1,522.49 927545 Maintenance Supplies 10-440-245-000-000 5 31 10-180-245-000-000 869 10-808-708-000-000 8440 Total: 1,940.71 65525 7/16/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 6-25-10 CONTRIBUTIONS FOR PREND 6-25-10 10-022-62-00 17,346 03 Total: 17,346.03 65528 7/27/2010 001001 AA EQUIPMENT CO INC 8310737 Tractor&Mower Service 10-450-246-000-000 1,25055 Total. 1,250.55 65529 7/27/2010 010444 AN-WIL BAG COMPANY 29378 Cold Patch Asphalt 16-900-257-000-000 54353 Total: 543.53 Page. 1 vchlist Voucher List Page: 2 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code: ofa Voucher Date Vendor Invoice Description/Account Amount 65530 7/27/2010 001206 ARROWHEAD CREDIT UNION June/July 2010 June/July Visa Charges 10-440-228-000-000 Special Event Supplies 60.00 10-380-249-000-000 Laptop Repair 368.49 10-808-247-000-000 EZ Up Replacement 10998 23-200-12-00 GT Community Day Supplies 612.84 23-200-14-00 Classroom Supplies 119.09 Total: 1,270.40 65531 7/27/2010 001324 BALLOON TEAM PROMOTIONS, JOHN E. BILE 63010 Balloons for GT Community Days 23-200-12-00 21750 Total: 217.50 65532 7/27/2010 001683 CA. STATE DEPT OF CONSERVATION 3rd Qtr 2010 3rd Qtr Strong Motion 23-200-21-00 1361 3RD QTR 2010 3rd Qtr Strong Motion 10-700-01 -0 68 4th Qtr 2010 4TH QTR STRONG MOTION 10-700-01 -12 02 23-200-21-00 240.37 Tota 1: 241.28 65533 7/27/2010 001705 CA. STATE DEPT OF JUSTICE 799128 LIVE SCAN& BACKGROUND CHECKS 10-190-226-000-000 32.00 Total: 32.00 65534 7/27/2010 001740 CDW GOVERNMENT INC SZR3634 NETWORK CABLES RJ45 PER QUOTE TTP6291 10-380-249-000-000 9483 TCZ4282 NETWORK CABLES RJ45 PER QUOTE TTP6291 10-380-249-000-000 1397 TDG7320 NETWORK CABLES RJ45 PER QUOTE TTP6291 10-380-249-000-000 879 Total: 117.59 65535 7/27/2010 011031 CINTAS CORPORATION#150 150160111 C CARE SUPPLIES 10-440-228-000-000 7993 150169082 C CARE SUPPLIES 10-440-228-000-000 116.76 Page 2 vchlist Voucher List Page: 3 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code: ofa Voucher Date Vendor Invoice Description/Account Amount 65535 7/27/2010 011031 CINTAS CORPORATION#150 (Continued) Total• 196.69 65536 7/27/2010 011029 COBRA SIMPLE 74 COBRA ADMIN SERVICES 10-190-220-000-000 50 00 Total: 60.00 65537 7/27/2010 001950 DATA QUICK B1-1821231 June Subscription Srvs 10-380-250-000-000 43.50 21-572-246-000-000 43.50 34-800-220-000-000 43.50 Total: 130.50 65538 7/27/2010 003210 DEPT 32-2500233683 2123139 Neighborhood Imp. Grant-Kaplanek 32-600-305-000-000 993.12 Total 993.12 65539 7/27/2010 002301 FEDEX 7-151-46208 June Document Delivery 10-180-268-000-000 15.18 10-180-210-000-000 42.24 Total: 57.42 65540 7/27/2010 002710 FOX OCCUPATIONAL MEDICAL CT 68679-27714 ILLNESS/INJURY AND NEW HIRE EXAMS 10-190-224-000-000 118.00 Total 118.00 65541 7/27/2010 002740 FRUIT GROWERS SUPPLY 90565867 Pest Roundup Supplies 10-180-246-000-000 15059 Total. 150.59 65542 7/27/2010 002901 G T AREA CHAMBER OF COMMERCE 6076-DINNER 6/23 INSTALLATION DINNER 10-120-270-000-000 2000 10-110-270-000-000 4000 Total. 60.00 65543 7/27/2010 003152 HARPER&BURNS LLPN 07012010 June Legal Services 10-160-250-000-000 7,00937 32-200-251-000-000 7,00938 Page: 3 vchlist Voucher List Page: 4 07121/2010 10:28:26AM CITY OF GRAND TERRACE Bank code• ofa Voucher Date Vendor Invoice DescriptionlAccount Amount 65543 7/27/2010 003152 HARPER&BURNS LLPN (Continued) Total: 14,018.75 65544 7/27/2010 010632 HIGH TECH SECURITY SYSTEMS 92072 Rollins Park Service Call 10-450-246-000-000 7500 92073 Pico Park Service Call 10-450-246-000-000 7500 Total: 150.00 65545 7/27/2010 003224 HYDRO-SCAPE PRODUCTS INC 06380690-00 Parks Supplies 10-450-245-000-000 10981 Total 109.81 65546 7/27/2010 010773 KELLAR SWEEPING INC 5299 STREET SWEEPING SERVICES 16-900-254-000-000 4,200 00 Total: 4,200.00 65547 7/27/2010 004670 MIRACLE MILE CAR WASH 412346 VEHICLE MAINTENANCE 10-180-272-000-000 6 50 10-440-272-000-000 73.25 Total: 79.75 65548 7/27/2010 010097 NEXTEL COMMUNICATIONS 410575025-094 May/June Wireless Svc-Maint/C Care 10-180-240-000-000 352.53 10-440-235-000-000 5006 Total: 402.59 65549 7/27/2010 005435 ORIENTAL TRADING COMPANY 638804344-01 Var Toys for GT Community Days 23-200-12-00 43734 — -Total: - - - -437.-34-- -- -- 65550 7/27/2010 010171 REPUBLIC ELECTRIC 18764 Barton/Honey Hill-Furnish/Install 16-510-255-000-000 906.28 610112 June Signal Maintenance 16-510-255-000-000 451 68 Tota 1: 1,357.96 65551 7/27/2010 006506 S B. FIRE HAZARD ABATEMENT 2010-000007C Feb 2009-Jan 2010 Abatement Srvs 10-190-257-000-000 4,00000 Page: 4 vchlist Voucher List Page: 5 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code ofa Voucher Date Vendor Invoice Description/Account Amount 65551 7/27/2010 006506 S B. FIRE HAZARD ABATEMENT (Continued) Total: 4,000.00 65552 7/27/2010 007005 SO CAL LOCKSMITH 12055 Keys 10-180-245-000-000 3689 Total: 36.89 65553 7/27/2010 006720 SO CA.EDISON COMPANY June 2010 June Energy Usage 16-510-238-000-000 5,62032 26-600-238-000-000 4980 26-601-238-000-000 41 50 26-602-238-000-000 58.10 Total: 5,769.72 65554 7/27/2010 006730 SO CA.GAS COMPANY June 2010 June Natural Gas Usage 10-190=238-000-000 140.45 10-440-238-000-000 44 02 10-180-272-000-000 780 10-440-272-000-000 260 34-800-272-000-000 260 Total: 197.47 65555 7/27/2010 006778 STAPLES 34185 GT Community Days Supplies 23-200-12-00 14677 41659 GT Community Days Supplies 23-200-12-00 5749 Tota l 204.26 65556 7/27/2010 010447 STUDIO 33 PRODUCTIONS 6181 Replace Var Equipment-Sr Cntr 32-370-255-001-000 3,41842 32-370-270-000-000 1,709.21 Total: 5,127.63 65557 7/27/2010 006898 SYSCO FOOD SERVICES OF L.A. 0050626522 FOOD&SUPPLIES 10-440-220-000-000 8445 Tota 1: 84.45 65558 7/27/2010 010712 TASO TECH, INC 638 HP LASERJET M3035XS MULTIFUNCTION Page. 5 vchlist Voucher List Page: 6 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code: ofa Voucher Date Vendor Invoice Description/Account Amount 65558 7/27/2010 010712 TASO TECH, INC (Continued) 10-140-250-000-000 21000 10-140-701-000-000 2,17996 Total: 2,389.96 65559 7/27/2010 007220 UNDERGROUND SERVICE ALERT 420100276 April Dig Alert Tickets 16-900-220-000-000 3000 520100271 May Dig Alert Tickets 16-900-220-000-000 2550 620100282 June Dig Alert Tickets 16-900-220-000-000 3450 Total 90.00 65560 7/27/2010 010693 UNITED WAY PR END 6/25/10 PR END 6/25/10 Donations 10-022-65-00 6950 Total. 69.50 65561 7/27/2010 007843 WEST COAST ARBORISTS INC 66419 CITY WIDE TREE SERVICE 16-900-260-000-000 27000 Total 270.00 65562 7/27/2010 007854 WESTERN EXTERMINATORS CO 500434 PEST CONTROL 10-180-245-000-000 86.50 34-400-246-000-000 38.50 10-805-245-000-000 33.00 Total: 158.00 65563 7/27/2010 007920 WILLDAN 002-10401 June Inspect/Plan Review - - - - - - - - - - - - -- - - - -- - - - - -- ----- -- --- - - -10-175-255=000--000- — - - 2,170-00 002-10402 June Engineer/Design Srvs 46-900-304-000-000 275.00 002-10403 PLAN CHECK SERVICES 10-175-255-000-000 3,30000 Total: 5,745.00 65564 7/27/2010 007987 XEROX CORPORATION 048993399 CC265 COPIER LEASE Page: 6 vchlist Voucher List Page: 7 07/21/2010 10:28:26AM CITY OF GRAND TERRACE Bank code: ofa Voucher Date Vendor Invoice DescriptionlAccount Amount 65564 7/27/2010 007987 XEROX CORPORATION (Continued) 10-190-700-000-000 103.92 10-190-700-000-000 19042 10-190-212-000-000 14708 Total: 441.42 42 Vouchers for bank code: ofa Bank total. 77,890.72 42 Vouchers in this report Total vouchers: 77,890.72 Page: 7 a 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 SALARIES/WAGES 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 HEALTHILIFE 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 SERVICES 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(NOWDEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 246-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE _ 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS,MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS _ 805 SENIOR_CITIZENS PROGRAM 272 -FUEL-&VEHICLE MAINTENANCE--------— -- 807 PARKS&REC COMMITTEE 570 -WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES"&EQUIPMENT 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 PENMNG CITE COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING -JULY 13,2010 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 13, 2010 at 4:30 p.m. PRESENT: Maryetta Ferre, Mayor Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director John Harper, City Attorney Sgt. Palomino, San Bernardino County Sheriff's Department ABSENT: Lee Ann Garcia, Mayor Pro Tern Richard Shields, Building& Safety Director Rick McClintock, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Ken Wolf, Calvary the Brook Church, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. 4:30 P.M. JOINT WORKSHOP CRA/CITY COUNCIL - OPERATION OF SENIOR CENTER Betsy M.Adams,Ci . Manger,indicated that the purpose of the workshop is to give staff the opportunity to advise Council of three issues that came up with regard to operations of the Senior Center that were identified when the Cities Insurance Pool, California Joint Powers Insurance Authority,did an onsite risk evaluation of all City operations on June 9,2010. The first of the three issues that they identified at the Senior Center is-that we do not have an agreement between the City and the Grand Terrace Senior Club,who operates the center on our behalf. The second is that we do not have insurance from the Grand Terrace Seniors and the third is that there is a need for some additional written policies to document some of the practices at the Senior Center. She stated that there are representatives from Family Services at the meeting to give a presentation and that JoAnn Johnson is also prepared to give a presentation. She gave the background of how the Senior Center has been operated over the years. In considering addressing the concerns that JPIA identified, Staff has come up with three potential options:To continue having the Grand Terrace Senior Club operate the Senior Center with them becoming a legal entity capable of entering into a written agreement and obtain the appropriate limit of insurance. 'The second option would be to have City Staff operate the Senior Center, which she feels would be the option of last resort. The third COUNCIL AGENDA ITEM NO.''j`: I Council Minutes 07/13/2010 Page 2 potential option would be to out-source the operation of the Senior Center to an organization. Family Services has provided a list of services that they can provide and their qualifications. She is looking for desirable outcomes that Council would like staff to evaluate further. I Veronica Dover, Chief Operating Officer,Family Services Association, stated that they are a non-profit agency. They have been providing services since 1951 They provide a wide variety of services including mental health services, child development centers, operate senior community centers, provide senior nutrition services, senior specialty services, prevention and early intervention services for seniors, and affordable housing. When they provide services to community centers and operate community centers, their philosophy is very much in line with family services mission which is, "Family Strength is Community Strength". Seniors and their families have a lot of needs and have a'lot of desires for their centers. They have advisory counsels in every single program that they offer. Those counsels play a very important role in their programs by involving those members of the community that they are serving that tell them what they want to see. JoAnn Johnson, Senior Center, stated that she likes what she has heard. She feels that most of the seniors are concerned about losing their independence. They,have had almost total freedom to have the activities and programs that they wanted as long as they could find someone willing to take on the responsibility for the program. They have had some self- imposed rules, that were intended to avoid problems in the future.i The Information and Referral Office was formed in 1988/1989. They moved into the Senior Center in July of 1991. They are listed on several websites, including the nation-wide 211 information and referral system. The Information and Referral Office underwent a drastic change when they moved into the present building because of the lack of space. They have several different funds that support different things and produce the necessary money to purchase supplies, equipment and other things. They sell good stuff and own their own soda machine and coffee service. Their treasurer keeps record of the income and expenses and they have a checking account and a CD. There are some organizations that use the building on a complementary basis only because they have volunteers that are willing to open and close the facility. The Foundation of Grand Terrace,The Friends of Blue Mountain are long time cases and point. They have also allowed TOPS to use their facility as a courtesy. Their number one concern for them is how much independence will be lost and how much independence can they maintain. Will they be able to keep their'existing activities and programs. How will they handle their finances,will their treasurer be able to receive money and write checks without going through a month long process. The building was planned for only two offices, the Information and Referral and the Presidents," Office, how will this change affect that space. Can they remain a senior center and noti become a community center. Their building was never intended to be used by children. There are many things about the proposal that are very appealing. She feels that it could be beneficial to combine programs with Highgrove as well as other near by centers. There also might be the possibility of connecting the two centers with public bus service. Many of their members Council Minutes 07/13/2010 Page 3 live in Highgrove. The Senior Center and Information and Referral Office have operated quite smoothly for 19 years plus the three years that they spent at the Lion's Community Center. She wants the organization to continue for years into the future. Councilmember Walt Stanckiewitz,stated that the way he understands it,the Grand Terrace Senior Club is primarily a social organization. JoAnn Johnson, responded in the affirmative. Councilmember Stanckiewitz, questioned if the Senior Club wants to become a business organization. JoAnn Johnson, responded in the negative. Councilmember Stanckiewitz,stated that the Senior Club indicated that they sell coffee and he believes that they need a health permit to do that. There are liability's at the center that we may not be aware of. We need to try and come up with a solution that we can all live with. He questioned if there was anyone that actually live in the Villas at the Meeting. He questioned how to get the residents that live in the Villas to participate in the center. JoAnn Johnson, responded that there is a large number of residents of the Villas that are members of the Club. There are a few that participate in the programs. Councilmember Stanckiewitz,questioned if the Club has had an opportunity to discuss the proposal from Family Services. JoAnn Johnson, responded that they just recently received the proposal so they have not. Councilmember Cortes, stated that this is a very difficult issue that has come before the Council. She stated that she has been elected to protect and to provide for the community. She would like to provide the Seniors with what they have always done,however,it appears that this is a liability issue. She would like the City Manager to look into having Family Services meet with the Senior Club. JoAnn Johnson, stated that they have been very comfortable doing things the way that they have, however, she understands what the Council is saying. City Attorney John Harper, indicated that from the City's perspective and the Joint Powers Insurance Authority, it's the City's liability that we are concerned with. He can't give legal advice regarding this issue,however,he is much more concerned about the liability that each individual has if they operate as a club and somebody comes in and slips and falls,they are going to sue the club and each individual. They have no protection. Council Minutes 07/13/2010 Page 4 i Mayor Maryetta Ferre,indicated that this is all new territory. She stated that the Senior Club would like the center to remain a Senior Center and not become a Community Center. She would like to be assured that this center would remain a Senior Center. Veronica Dover,stated that she is very impressed that a volunteer group has been able to run the center. They are more than happy to work with the club and the City should they ask them. I City Manager Adams,stated that it would be the City's decision on whether or not the center would remain a Senior Center or a Community Center. When she has had conversations with Family Services it has been specifically with regard to running the program as a senior center. i Mayor Ferre, she would like reassurance that if we go with Family services that the center would remain a Senior Center. She questioned if the advisory grow could consist of the Senior Center Group. Veronica Dover, responded that they have two facilities that run solely as a senior center. They are happy to provide the services that the City/Seniors want them to provide. They would be happy to utilize the Senior Center Group as an advisory counsel. They may add to that group. Mayor Ferre, stated that JoAnn Johnson is an important member of this organization and success of the organization over the last twenty years. She questioned where she fits into this picture. Veronica Dover, responded that she would be an integral part of developing this advisory counsel and developing the plan for the services that they will provide. She can't say that there won't be any changes. She sees JoAnn and this Club as an asset. They are a very collaborative organization. Mayor Ferre, questioned how the finances would work. Veronia Dover,responded that they would have to negotiate. A meeting with City Manager Adams and the Senior Group would have to be held so that they can negotiate how that would work. Councilmember Stanckiewitz, he realizes that we currently don't have a commercial grade kitchen which limits what is offered to the seniors. When the commercial grade kitchen is in, how will that change the lunch program. i Veronica Dover, responded that they will cook in the kitchen on site. Council Minutes 07/13/2010 Page 5 Mayor Ferre, stated that it sounds to her like there are many parts of the Family Services proposal that could work out with the Grand Terrace Senior Group. Because we are just starting this process she is wondering if a meeting between the groups would be beneficial and feels that this may be the best way to go. City Manager Adams, stated that the seniors in the past were using the City's Tax ID Number,unless they become a legal entity of some type when they collect money it will be personal income to them and she thinks we would have to look at how that would be handled on City premises. There are a lot of complexities to this issue. City Attorney Harper, stated that it would be easy for the group to become a non-profit group. City Manager Adams,feels that it would be helpful to staff to have the Council give direction of which level of service they would be interested. It was the consensus of the Council to look into the lower level of service to begin with Flo Elliott,822 Cimarron Drive,has been a member of the Senior Board for quite some time. She questioned what type of insurance they would have if Family Services took over the center or if they would still need to have insurance on their own. If they remain as the volunteer group she understands that they would need some type of insurance coverage,but she would also like to know what other things the City would like them, as a totally independent group, to have. Denis Kidd, 22874 Pico Street, stated that as it has been brought out, FSA Manages the Norton Younglove Community Center in Highgrove and as far as he can see the people in Highgrove are satisfied with their management of the center. Jane Haines Lee, 22167 Lark Street, this is a new topic and they haven't had a chance to meet with them. They have a lot of questions and they would like to meet with Family Services to see if they can have a better understanding. City Attorney Harper,responded that Family Services has insurance and it would be required if we were to enter into a contract with them. The JPIA principal of liability concern from the City's perspective was when an entity un-associated with the City was operating in a city- owned facility. If Family Services or some other organization contracted with us and provided insurance,the JPIA's concern goes away. He would expect that there would be a way to structure the advisory committee so that they were City Volunteers and the JPIA would cover City Volunteers. City Manager Adams, stated that she feels that it is important that it is clear that if we enter i Council Minutes 07/13/2010 Page 6 into a contract for Family Services to operate the Senior Center,they;will operate the entire center and they will report to the City. Family Services will create an advisory counsel that would consist of the Senior Center Group and others. Dom Betro, CEO Family Services Association,reported that they are a non-profit and they are incorporated and carry 1 million, 3 million coverage as well as;a 7 million umbrella. When they go into these sites they indemnify and co-insure the entity that they are working for. There are always items,,since the City owns the building, that they are responsible for but they would be more than adequate in terms of the insurance that would be required by the City. They like to set-up advisory counsels. They have a very similar relationship in the City of Calimesa with a counsel that existed before they came on board. They advise them on programs, fundraising, and what they want to do. He often advises such groups that it is not in their best interest to apply for a non-profit status because then they have to comply with all the legal and insurance issues that take away from the passion that they really have, which is to see that the programs at the center run. They can certainly;accomplish all of their goals by being an advisory counsel to Family Services and their non-profit status covers donations, insurance, and all the things that you would get by formally incorporating and having to deal with all of the legal ramifications of it all. They run centers from$100,000.00 per year to $1.5 million per year. They are very good at catering and addressing what the needs are,what the capacities are and what the financial realities are and building from there. Overtime, although he can't guarantee,they also have a history of for every dollar they get from government they usually go out and raise a dollar from somewhere else. They would see this as a developing relationship that would grow. They understand the financial realities. They are currently having conversations with 3 or 4 cities that are in the same situation. He feels that they have good working relationships with many cities and they would be interested and willing and enthusiastic about the possibility of working with the City of Grand Terrace. City Manager Adams, stated that it is her understanding that Council would like her to have a meeting with Family Services and the representatives from the Seniors to talk about how things could possibly work. She needs to work on a draft agreement that we could be considering entering into with Family Services and at the same time identifying some financial options for Council to consider in terms of how to pay for the service. Mayor Ferre adjourned the Joint Workshop between the CRA/City Council at 5:30 p.m. ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Community Day Sponsor Recognition Council Minutes 07/13/2010 Page 7 Mayor Ferre,thanked all of the sponsors that donated money for Grand Terrace Community Day, without their sponsorship this event would never have happened. She presented the following individuals with a Certificate of Appreciation: Supervisor Neil Derry, San Bernardino County Supervisor Southern California Edison Grand Terrace Senior's Club JoAnn Johnson Tapout San Bernardino County Firefighters Local 935 CONSENT CALENDAR CC-2010-54 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to approve the following Consent Calendar Items: 3A. Approve Check Register No. 07-13-2010 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 06-22-2010 Minutes 3D. Bus Shelter Services Agreement with Omnitrans 3E. Award of Bid for Street Rehabilitation Projects Throughout the City(Roquet Paving, Inc.) 3F. Award Contract-Grand Terrace Road Street Improvements- GTB-2010-02 (Palm Canyon) PUBLIC COMMENT Bernardo Sandoval,22950 De Berry Street,announced that he will be running for the Grand Terrace City Council seat. He will be running for the four year-seat against Bea Cortes and former City Manager Tom Schwab. He wants to answer three very specific questions- He moved to Grand Terrace in 1978. He was 5 years old and was able to move into a beautiful tract home that had lots of orange groves all the way around. He played soccer,when it was called the Grand Terrace Christian Soccer Club. He is the Director of Technical Operations for a major medical group locally. He has been the director of technology for a CPA firm that does financial audits for 80%of the school districts and municipalities. It is important that people understand that it is not his intent to win a seat on this Council. His intent is to cause a seismic shift in the way that things have occurred and been done in this City. Not just within this City but also when it comes to issues and events that affect us in terms of the Colton School Board and what is going on in that situation. Across the board, across very different factions from the old guard to the new guard to volunteers,community volunteers, to civic groups, gad flies, there is an error. He is convinced that we must transition and i Council Minutes 07/13/2010 Page 8 change from what has gone on in the past ten years. We will not spend more time discussing cutting City Council salaries/stipends by$40 a month and not engage in the issues that really matter and the deficit that occurred over the past ten years and these types of situations. He will make and offer and be accountable to a contract with Grand Terrace and he is asking that the members of this community who are also frustrated who feel that there has been a lack of transparency on this City Council to join him. They will not be silent, there will not be a deafening silence when it comes to challenging issues. He will align himself with strong capable independent thinkers who will think,who will analyze,who will be strong and will have the moral fortitude to deal with the issues that are at hand. Not just the financial issues. We are directly tied with that Colton School Board. We must support Roger Kowalski, we must support Pilar Tabera as a community to change and transition the relationship that has E existed with that Colton School Board. There are members on there,that do not respect us. Thelma Winkler Beach, 12570 Mt.Vernon Avenue,stated that she reads the newspapers and she is concerned about the leadership but she is mostly concerned about the competency of their advisor, the City Attorney. Three of the leadership on that dias have been accused of violation of legal code section 1090 Conflict of Interest,one by the District Attorney's Office causing him to resign,two by newspaper reporters. There is one common denominator there. All three have stated that they sought advice from the City Attorney before they voted on the consent calendars in questions. He assured them that their yes vote would not be a conflict of interest. I think he owes it to them and to the community to publicly state the law chapter and verse that he used to determine his advice to each of them to say nothing of the apology he owes them,the injustice itself is a violation. Maybe he should resign and state the reason as loss of confidence and his credibility. That is her opinion. Betty Trimble,22816 De Berry Street,was watching the last Council`Meeting and heard the Mayor say that she was not going to run for Mayor again. That was a sad thing to hear but understandable that you want time with your family but we have you until November,so that is good news. The Mayor and Councilmembers give a lot. Serving in this capacity doesn't mean it is fun and games, they don't just show up to the dias on Tuesday ride in parades, going to ribbon cuttings and ground breakings, there is a lot of study, research and soul searching before voting on projects. Your tenure is in one of the most unsettling times in the history of Grand Terrace. It was comforting to have you at helm during this time. She watched the meetings on television. She does not usually seethe gavel come out. It came out at that time with a firm hand and a firm voice behind it in order to keep the meetings in order. You have been an amazing and honest mayor. You are admired most for the control that you exhibit. She is not alone in this opinion, many people have said this. For giving yourself to the City,speaking well of our City and our citizens and speaking well of what has been accomplished in the City, thank you. COUNCIL'REPORTS Councilmember Bea Cortes,reminded everyone of the Movie in the Park on Friday,July 16 Council Minutes 07/13/2010 Page 9 at Rollins Park at 7:00 p.m. She reported that last week she was invited to attend a workshop in Big Bear. It was on business sustainability and how they can help keep businesses together. This was put out by San Bernardino County. They are going to different cities and finding out what their needs are and putting together a workshop and invite all the businesses and anyone else who would like to attend. They give you the tools to help. Most of it is complimentary. She is working with the Department Head and is trying to find a business t" here in town that will room as many people that would like to participate. They have also done this in Barstow. Councilmember Walt Stanckiewitz, thanked Bernardo for stepping up and wanting to do what he wants to do for the City. He sees his contract with Grand Terrace and it is no secret that he will sign the same contract with Grand Terrace because he agrees with it 100%. He is hoping that this information get distributed throughout the City because what we are talking about is serious. This election season is going to be an experience that this City has never experienced before. This is going to be an issues election season not a popularity contest. He would challenge everyone to stay involved and participate and listen to what is going on. There is going to be a lot of information coming out and a lot of issues that need to be dealt with within the City. He read a quote for those individuals that are considering pulling papers or who already have by an obscure individual named Thomas Jefferson "When a man assumes a public trust he should consider himself as public property", if you can't practice that please do us a favor and don't run, we don't need people who are not going to be committed to the best interest of the City. PUBLIC HEARINGS 6A. Resolution Confirming a Diagram and Assessment for Landscaping & Lighting Assessment District 89-1, for Fiscal Year 2010-2011 City Attorney John Harper, gave an overview of the Landscaping&Lighting District 89-1 and indicated that this is to adopt the annual Assessment Levy for Fiscal Year 2010-2011. Mayor Ferre opened the Public Hearing, there being none, she returned discussion to Council.' CC-2010-55 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to approve a Resolution Confirming a Diagram and Assessment and Providing for Annual Assessment Levy for a Landscaping and Street lighting District. 6B. Zone Change 10-02 - Ordinance Amending Zoning Code Section 18.80.130 Regarding Political Signs i i i Council Minutes 07/13/2010 Page 10 Joyce Powers, Community and Economic Development Director,'indicated that after a review of the Municipal Code Section 18.80.130, Political Signs,ithe City Attorney has prepared a new ordinance regulating political signs that is compliant!with State and Federal Law. City Attorney John Harper,stated that in Grand Terrace political signs have not been an issue except as to non-city elections. He feels that now is a good time to clean up the ordinance because we don't want candidates to complain that they were being treated unconstitutionally. Councilmember Walt Stanckiewitz, stated that there is nothing in the Ordinance regarding banners. Community and Economic Development Director Powers, responded that banners are considered signs. Mayor Ferre opened the Public Hearing. Doug Wilson, 12168 Observation, did not ask for nor did he vote for the political sign ordinance to be changed. Over the years he has lived by the rules in his community as others have. He was informed that a candidate initiated a complaint that started this action to make the political sign time frame open ended among other changes. If that candidate is in the room he invites him or her to man up to it. He believes that having political signs throughout the City for six months or more before an election does not enhance the quality of life for the citizens of Grand Terrace. Seeing no takers, he respectfully requests that the Council sets some reasonable limits on the limitations or continue with the limitations that we currently have. Let us not be the generation that proliferates political graffiti in the City of Grand Terrace, instead let us be those who beautify the City by choosing to',maintain a 31 year old policy of common sense. He referenced other cities and limits. i Tom Schwab,22687 Lark Street,he understands that it would be a good goal to try and-have a sign ordinance that is legal, however, he doesn't believe that trying to cheapen and lower our standards is the right way to go. He believes that always takingithe most conservative view isn't always the best practice,just because someone says they may sue us because our political sign ordinance is improper, let them sue us because there are many cases where he feels we need to take less than the conservative view. This City has a prayer before every meeting, however, we have been advised that due to the constitutional division of Church and State that we should not have a prayer given to us at the beginniing of the meeting. He feels that a prayer is appropriate and it has been this Council's decision to ignore that and to continue to have a prayer. Until someone sues us and says you may not have a prayer prior to your meeting, he feels that we should keep on having a prayer. He feels that we should have some type of regulations when it comes to political signs and he;feels 30 days is plenty. Council Minutes 07/13/2010 Page 11 He feels that the pollution of these signs are something that we don't want in our City. The regulations are there for a reason. He doesn't care what a person does in their own personal lawn,however,he does not want to see 16 square foot signs up and down Barton Road. He feels that we don't need to lower our standards. There are many Cities in Southern California that have in their Council Chamber"In God We Trust"and they are being told to remove that. Some cities are and others are refusing and are saying sue us then we will take it down. Mayor Ferrd, returned discussion to the Council. Councilmember Cortes, feels that the City needs to have some limitations. Mayor Ferrel, expressed her disappointment that this has had to come up and that we can't have control on how long signs are up. Don't we have some type of sign ordinance for businesses. She has been through three elections and abided by the rules as well as everyone else. Why did this come up after all these years with no complaints can we no longer have limitations. City AttorneyHarper, it was raised by a non-city candidate. It was brought to his attention and so he now gave the Council his opinion. The Council can do what they desire he is just advising them of the law. There are significantly different standards for the regulations of �- commercial speech as opposed to political speech. Other cities just continue to go with what they have. The City Council can go forward with the current code if that is what they desire. Councilmember Stanckiewitz, stated that he feels the same as everyone else. He does not want to see a proliferation of signs all over the City. He is not willing to roll the dice and say that he will take his chances. He feels that we are learning our lesson with too many things we have done in this City where we have rolled the dice. Someone has brought this to our attention. This someone has the resources to sue us and the knowledge. He is not willing to take that chance. His job is to look out for the City and to .protect it monetarily, financially,and morally. He is not in the practice of challenging State and Federal Law. He is a supporter of the constitution and if this is what we need to do to be in compliance as much as he doesn't agree with it he doesn't feel that we have a choice. Mayor Ferrel, doesn't believe that she has ever ignored anything that would be detrimental to the City and she wants to make that extremely clear. Councilmember Stanckiewitz, stated that he feels that she wasn't aware, now you have the opportunity to ignore something that will be detrimental to the City. He is not willing to spend money on a court case. CC-2010-56 MOTION BY COUNCILMEMBER STANCKIEWITZ to Approve an I j Council Minutes 07/13/2010 Page 12 i Ordinance of the City Council of the City of Grand Terrace Amending Grand Terrace Municipal Code Section 18.80.130. MOTION DIES DUE TO A LACK OF A SECOND. UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City of Grand Terrace, County of San Bernardino, State of California, Approving Zone Change 10-01 to Add the Floodplain Overlay District and Agricultural Overlay District to 14 Acres of Land Located in the Industrial Zone District and to Add Chapter 18.77 Entitled Transitional Residential Uses and Structures to Title 18 of the Grand Terrace Municipal Code CC-2010-57 MOTION BY COUNCILMEMBER CORTES,SECOND BYCOUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to approve the Second Reading of an Ordinance of the City of Grand Terrace,County of San Bernardino,State of California,Approving Zone Change 10- 01 to Add the Floodplain Overlay District and Agricultural 'Overlay District to 14 Acres of Land Located in the Industrial Zone District and to Add Chapter 18.77 Entitled Transitional Residential Uses and Structures to Title 18 of the Grand Terrace Municipal Code. NEW BUSINESS 8A. Interview Applicants for Planning commission and Consider Appointment to Fill Terms Continuing to June 30, 2014 The following individuals were interviewed for the three seats whose terms expired on the Planning Commission on June 30, 2010: Matthew Addington Darcy McNaboe Robert Bailes Jacynthia(Cindy) Grande Mayor Ferre announced that based on the Council Scores for the above individuals that were interviewed the following individuals will be filling the three seats on the Planning Commission with a term continuing to June 30, 2014: Matthew Addington Darcy McNaboe Council Minutes 07/13/2010 Page 13 Robert Bailes 8B. Resolution Ordering the Submission to the Qualified Voters a Ballot Measure Relating to Fireworks for the November 2, 2010 Election CC-2010-58 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to adopt a Resolution Ordering the Submission to the Qualified Voters a Ballot Measure Relating to Fireworks for the November 2, 2010 Election and to adopt a Resolution Setting Priorities for Filing a Written Argument Regarding a city Measure and Directing the City Attorney to Prepare an Impartial Analysis, and to adopt a Resolution Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections. 8C. Protest Hearing for Placement of Special Assessment Liens for Delinquent Refuse Accounts CC-2010-59 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES,CARRIED 3-0-1-0(MAYOR PRO TEM GARCIA WAS ABSENT),to adopt a Resolution adopting a Report of Delinquent Refuse User M1 Fee and Directing that Such Delinquent Fees be Collected on the Tax Roll and be ` Imposed as a Lien Upon Property Within the City of Grand Terrace and authorize Special Assessments against the parcels listed in Exhibit"A". 8D. Hearing for Special Assessments and Liens for Delinquent Non-Owner Occupied/Rental Property Program Fee and Fines CC-2010-60 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES,CARRIED 3-0-1-0(MAYOR PRO TEM GARCIA WAS ABSENT,to adopt a Resolution adopting a Report of Delinquent Non-Owner Occupied Rental Program Fees and Fines and Directing that Such Delinquent Fees and Fines be Collected on the Tax Roll and be Imposed as a Lien Upon Property Within the City of Grand Terrace and authorize Special Assessments against the parcels listed in Exhibit"A". CLOSED SESSION 9A. Conference with Legal Counsel - Potential Litigation - CG .54956.9 (b)(2) and GC54956.9 (c) Mayor Ferre announced that the Council met in Closed Session to have a conference with Legal Counsel regarding Potential Litigation, CG 54956.9 (b)(2) and GC54956.9 (c) and Council Minutes 07/13/2010 Page 14 there was no reportable action taken. Mayor Ferre adjourned the meeting at 8:37 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, July 27, 2010 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace i f r I CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE Regular Meeting 1 T Y OF .;RAND TERRACE MINUTES :1TY c'I_ERK'S CEPARTUENT June 1,2010 The Grand Terrace Emergency.Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Interim chairperson, Randy Halseth at 6:00 p.m. Agendas and minutes were distributed. MEMBERS PRESENT: Randy Halseth, Debra Hurst,JoAnn Johnson, Vic Pfenninghausen, Susan Taylor, Hanni Bennett, and Jim Vert. MEMBERS ABSENT: Glen Nichols and Lew Neeb CITY STAFF: Matt Wirz GUESTS PRESENT/INTRODUCTIONS: None CORRESPONDANCE/COMMUNICATIONS: None APPROVAL OF AGENDA,with a motion by Debra Hurst and second by Jim Vert.. APPROVAL OF CORRECTED 1M 04"UTES-OF MAY 4,2010 with a motion by Debra Hurst and second by JoAnn Johnson. LIAISON REPORT: Matt W irz. A. Events-Saturday June 26`h will be Grand Terrace Community Day from 10:00 to 2:00 at Rollins Park. The Lions Club will be hosting the Car Shoe with cars'being let in at 8:00 a.m.. Contests and games are being planned again this year. There will also be the community stage and a Kids Zone focusing on health and fitness activities. The event's main sponsor is Tap Out, with many others all listed on the event flyer.B. The CERT and EGC Appreciation picnic is scheduled for Saturday, June 5`h at Rollins Park from 10:00 to 2:00. C. Radio update-The AM radio is working. Once the sequencing is complete, the messages will be moved to different times using the 4 digital players. Pete Parsons called about a post dated message left on the radio and asked that it be taken off, which has been done. D. The new computers are installed in the EOC radio room, however, Matt has not had time to work on them due to other tasks assigned to him. E. Grant reports are due on June 15, 2010. The last of the EOC equipment has been approved by the City Manager, and Matt is hoping he will be able to purchase the digital players by June I5`h. F. 'rhe CERT Trailer Grant of$8,000 has been spent except for a few final purchases that need to be made by June30th. The fire extinguishers and mounting brackets still need to be approved. the Generator purchase has been approved and will he purchased at [.owes. COUNCIL AGENDA ITEM NO." U 1 i G. City Budget-no change from last month. [I. Storage- we can put a shed on the south side of the EOC,building and per Rich,our medical supplies can be stored in the Building and Safety Office. I. Vic stated that he works closely with Matt.and recognizes that he is-under a lot of pressure to get everything completed. He asked that we be patient with Matt. i EQUIPMENT AND FACILITIES REPORT-Randy Halseth A. Radio-The Broadcast radio is working well. We need more digital messages, which will be worked on by Pete, Randy and Matt. It was mentioned that per the FCC, we cannot advertise for any businesses on this radio. B. Working Mondays- We need more volunteers to assist with the EOC and.CERT projects. Dates will be announced. C. Randy was able to purchase a couple of hand held radios with grant fundsl He will also purchase a 5kw Honda generator. D. The circuit board failed and we got a bid from Johnson Tractor for$200 per hour to look at it. Their estimate was$1,7450.00 to make the repairs. Per the City Manager a 2nd bid was acquired, they soldered the broken part for$350.00 and it works for now. I CERT Report Randy Halseth Randy reported that Jeff Allen will be in charge of the CERT meetings while Randy is chairing the EOC. I UNFINISHED BUSINESS: A. Matt reported that the disaster preparedness drill will be held in July and will be scaled down to 2 to 3 hours. He has no updates at this time. B. The drill is required to obtain grant funding and to participate with the County. Our city plan will I be updated as well. 1 NEW BUSINESS: Randy Halseth A. Randy would like to invite City Manager Bettsy Adams to attend the EOC meeting. B. Randy also announced that a new Fire Battallion Chief has been assigned to Grand Terrace. TRAINING/SPEAKERS: None ADJOURNMENT at 6:55 p.m. { Sue Taylor, Secretary THE NEXT MEETING WILL BE HELD ON TUESDAY, .July 6, 2010 ra, 6:00 P.M. i i 1 t��+y 5..}A ' i ty a ����.� � ._.�i.J F'1!'4d t.f 1 i COMMUNITY EMERGENCY RESPONSE TEAM MINUTES JUNE 1, 2010 CITY OF GRAND TERRACE f%ITY Ol_ERK.'S DEPARTMENT Members Present: Randy Halseth, Jeff Allen, James Vert, Joe Ramos, Helen Ramos, Hanni Bennett, Joe Borrielli, Adel Urrea, Bernie Urrea, Matt Wirz, Andrew Anaya, Barbara Smeltzer, Jim Stamm, Sue Taylor, Vic Pfennighausen, Debra Hurst. r- Members Absent: Lew Neeb, Tom Schwab, Peggy Witt, Sandra Luckman, Linda Carter, Ken Smith, Walt Stanchiewitz, Monique Stanchiewitz, Doug Von Kriegelstein, Mil Herman, Glenn Nichols, Dragos Barbu, Shannon Bryant, Ingrid Clark, Michael Cerda, William Fenn, Le Ann Garcia, Jolene Gustatson, Cliff Homan, James Monroe, Margie Miller, Barrie Owens, David Ortiz, Bernard Ojeda, Carlos Ramirez, Terrilee Robb, Tom Roberts, Lynette Sandiford, Oscar Santana, Phil Spisak, Joanne Thoring, Joyce Wildenauer. Meeting was called to order at 7:05 pm by Jeff Allen. Flag salute was given. Agenda for June 1, 2010 meeting was approved by members present. Minutes for May 4, 2010 meeting were approved by members present. Treasurers Report: Matt will email to me and I will forward to CERT members. Old Business: a. CERT Hats and T-Shirts for sale b. Supplies for CERT trailer still coming in. c. CERT potluck scheduled for 6/5/10 at Rollins Park. d. CERT workdays—6/7 and 6/21 —9:00 am at EOC e. New supplies for CERT trailer—Inventory Control— Equipment marking New Business: a. Earthquake Scenario—On hold until further notice. b. Community Days—6/26/1.0— Booth will'be there to interest people in joining and handing out information to emergency preparedness. c. New Board Members nominations—Current board members will continue with their- respective duties. Randy Halseth, Jeff Allen, Joe Ramos and Debra Hurst. Nominations will be taken at July 6, 2010 meeting. Member Reports: a. All CERT members need to take the NIMS training classes, ICS 100 and ICS 700. Joe Ramos—Training—will be overseeing the training. Classes need to be completed by 9/1/2010. When completed send and/or bring your training certificate to Joe Ramos. b. Need more advertising in City News and Blue Mountain Outlook. Need to get information about what CERT is all about, profile CERT members, supply emergency preparedness information and have the papers run tips. COUNCIL AGENDA ITEM NOe,L 1 1 � i i I i There being no further business to discuss, meeting was adjourned at 7:540 pm. Next Meeting July 6, 2010 7:00 pm City Hall I Debra Hurst Secretary I • I r f 1 . i I 1 i i I ' k � 4 i CITY OF GRAND TERRACE RECEIVED CRIME PREVENTION COMMITTEE Regular Meeting 2 2010 MINUTES June 14, 2010 0ITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to order at 4:05 p.m. by Vice-Chairperson } JoAnn Johnson. MEMBERS PRESENT were Vice Chairperson JoAnn Johnson, Philomene Spisak, Debra Hurst, Lew Neeb and Pat Smith. MEMBERS ABSENT-- Marge Owens, Don Bennett. CITY STAFF/SHERIFF'S DEPT. — Nina Mendoza, Sheriff's Special Services. GUESTS PRESENT— None AGENDA was approved with motion by Pat Smith and second by Lew Neeb. . MINUTES FOR THE MEETINGS of May 20, 2010 were approved with a motion by Philomene Spisak and second by Debra Hurst. r ' PUBLIC COMMENT— None CORRESPONDENCE—None UNFINISHED BUSINESS a. Criminal Activities— Most of the criminal activities revolve around vehicle-burglaries, where the windows and smashed and items grabbed from auto. b. Neighborhood Watch—Nina working on setting up meetings. . NEW BUSINESS a. Crime Prevention Planning.— Requested that Nina prepare ongoing news articles to be placed in local papers.to advise residents to lock their cars, be watchful of their neighborhoods, keep garage doors closed and any other suggestions to the residents of Grand Terrace to keep their person and property safe. b. Neighborhood Watch Public Relations—Suggestion made to present a quarterly city wide meeting in the Community Center to get Neighborhood Watch going in all areas of the city. REPORTS: a. Summary of Law Enforcement Activity— See above under Criminal Activities. . b. Senior Center-Colton High School Jazz Band was unable to perform at Senior Center in June. Lil Joe—an Elvis impersonator filled in the program. The Wellness Fair held at the Senior Center on June 12, 2010 was very well attended. c. Community,Activities—Community Days scheduled for June 26, 2010 at Rollins Park. Movies in-the Park are upcoming. COUNCIL AGENDA ITEM NO.,--,,.!- • 1 i MEMBER REPORTS: None ADJOURNMENT—There being no further business to discuss, the meeting was adjourned at 4:45 p.m. Debra Hurst Secretary 4 :;z. t, , ;a y aLIt�ORVIA AGENDA REPORT MEETING DATE: July 13, 2010 Council Item (X) CRA Item ( ) TITLE: Sixteenth Amendment to the Law Enforcement Services Contract with the County of San Bernardino (Schedule A) PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Staff Recommends the City Council Approve the Sixteenth Amendment to the Law Enforcement Services Contract with the County of San Bernardino and Authorize the Mayor to Sign the Contract on Behalf of the City. BACKGROUND: The City of Grand Terrace contracts with the County of San Bernardino (County) for law enforcement services provided by the Sheriff's Department. For Fiscal Year 2010-11, these law enforcement services will be provided through the Sixteenth Amendment to Contract No. 94- 797. DISCUSSION: The Sixteenth Amendment to Contract No. 94-797 represents an increase of $126,231 for contract law enforcement services in FY 2010-11 ($2,003,917 versus $1,877,686). The contract costs for FY 2010-11 are summarized in Schedule A which is included as part of Attachment A to this staff report. The contract costs for FY 2009-10, $1,877,686, are summarized in Attachment B. The primary component of the cost increase in the Sixteenth Amendment is personnel costs which increased July 1, 2010 when labor concessions from the Sheriff's Department were realized by the County. FISCAL IMPACT: At the time the staff prepared the FY 2010-11 operating budget, only a preliminary Schedule A, with a contract amount of $2,022,096, was available from the Sheriff's Department and is included as Attachment C. This amount was approved in the adopted budget ($1,867,278 in Account No. 10-410-256, $54,818 in 10-410-255, and $100,000 in Account No. 14-411-256). Fhe final Schedule A, included in the Sixteenth Amendment, is $2,003,917 which is $18,179 less than the adopted budget for law enforcement services for FY 2010-11. This decrease is summarized on the following page. COUNCIL AGENDA ITEM NO. 1 Law Enforcement Services Contract July 27, 2010 Page Number 2 Description Amount Sheriff's Service Specialist 3,951 Office Specialist 6,640 Motor Pool Assistant ; 747 Dispatch Services 6,311 County Administrative Cost ! 530 TOTAL $18,179 This $18,179 budget savings for the General Fund consists of$530 in Account No. 10-410-255 and $17,696 in Account No. 10-410-256. The potential reallocation of these funds will be brought forward for Council consideration in the future. Respectfully submitted, Betsy . Adams City Manager ATTACHMENTS: Attachment A: Sixteenth Amendment to Contract No. 94-797 for Law Enforcement Services (includes Schedule A) Attachment B: Fifteenth Amendment to Contract No. 94-797 for Law Enforcement Services (includes Schedule A) Attachment C: Preliminary Schedule A for Fiscal Year 2010-11 G d i ,h i I 4 FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number Chang � 15`%N BEB�YMD, e S C SHR A 94-797 A-16 ! El Cancel County Department Dept. Orgn. i Contractor's License No. Sheriff SHR SHR i County Department Contract Representative Telephone I Total Contract Amount County of San Bernardino Mario Quesada,Captain (909)387-0640 f $2,003,917 . FAS Contract Type Revenue F1 Encumbered El Unencumbered 11 Other: If not encumbered or revenue contract type,provide reason: STANDARD CONTRACT Commodity Code Contract Start-Date Contract End Date 1 Original Amount Amendment Amc- i 07/01/10 06/30/11 1 $ $2,003,917 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SHR 9565 GRANDT $2,003,917 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 1%13 FY Amount I/D 2010-11 I ( _ i I � I THIS CONTRACT is entered into in the State of California.by and between the County of San Bernardino, hereinafter called the County, and ! I Name j City of Grand Terrace hereinafter called CITY Address f I 22795 Barton Road Grand Terrace, CA 92313-5207 Telephone Federal ID No.or Social Security No. i I 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) I SIXTEENTH AMENDMENT , I Contract No. 94-797 providing law enforcement service to the City of Grand Terrace is hereby amended, effective July 1, 2010, 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. I i I I i I f i AuditorlController-Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 2 i � 1 � [This page intentionally left blank] COUNTY OF SAN BERNARDINO City of Grand Terrace (Print or type name of corporation,company, contractor, etc.) ► By ► Gary C. Ovitt, Chairman, 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 as to Legal Form Reviewed by Contract Compliance Presented to BOS.for Signature e County Counsel, by Phebe Chu, Deputy Department Head Date it Date Date 5 i I I I SCHEDULE A Law Enforcement Services Contract City of Grand Terrace 2010-11 FY 2010-11 LEVEL OF SERVICE COST 0.30 - Lieutenant $ 59,906 1.28 - Sergeant 223,963 1 1.11 - Detective/Corporal (40 hrs/week) 164,398 6.87 - Deputy Sheriff(248 hrs/week) 927,771 1 1.00 - Deputy Sheriff-Traffic Car(no relief factor) i 135,047 1 1.00 - Sheriffs Service Specialist 64,319 1 1 80 - Office Specialist 108,687 0.20 - Motor Pool Services Assistant 12,201 1 3.50 - Marked Unit 43,593 2 2.00 - Unmarked Unit 12,970 2 1.00 - Ford Explorer 5,738 2 1.00 - Citizen Patrol 1,271 3 Dispatch Services 104,545 8.5 - HTs (Amortized over 7-years) 4,097 10.5 - HTs (Access & Maint Only) 6,552 1 - Additional MDCs 2,710 11.0 - Taser Replacement(Amortized over 4-years) 3,124 Administrative Support 8,773 Facility Costs 2,637 Office Automation 4,529 Services&Supplies ! 16,164 Vehicle Insurance ! 7,137 Personnel Liability & Bonding i 29,497 j County Administrative Cost 54,288 TOTAL COST: i $ 2,003,917 j Monthly Payment Schedule 1St $148,245 payment due July 15, 2010: 2"d through 12`h payments due the 5th of each month: $148,255 Grant Funded Deputy4 , 1St payment due July 15, 2010: $18,749 2"d through 121h payments due the 51h of each month: $18,738 I Personnel costs include salary and benefits and are subject to change by Board of;Supervisors' action '-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. Cost of grant-funded dpeuty for 2010-11 is$224,867,which includes relief factor, support. supervision and all related costs. The grant funded deputy is refelced in the total contract amount(TOTAL COST). ! f ' SCHEDULE A Law Enforcement Services Contract City of Grand Terrace 2010-11 Additional Costs Billed Quarterly: ie City will be billed on a quarterly basis for the following items: • Actual overtime cost. • Actual on-call cost (on-call pay for safety employees for FY2010-11 is $175 per week). • Actual cost of vehicle fuel and maintenance. • Professional services from private vendors and other services, supplies and personnel costs above the contract formula. LEVEL OF SERVICE SUMMARY SAFETY: GENERAL: Lieutenant - 0.30 Sheriffs Service Specialist - 1 00 Sergeant - 1.28 Office Specialist - 1 80 Detective/Corporal - 1.11 Motor Pool Services Asst - 020 Deputy Sheriff - 687 Dispatchers - 1.33 Deputy Sheriff-Traffic Car - 1.00 4.33 10.56 VEHICLES: MISCELLANEOUS EQUIPMENT: Marked Patrol Units - 3.5 Radar Trailer - 1 * Unmarked Units Code 3 - 2.0 Pickup Trucks - 1 0 Citizen Patrol - 1.0 Donated Vehicles-Ins Only - 1 0 * * (Included for insurance costs only) 8.5 7 Attachment B FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number 10 ChangeSIC ElCancel SHR A 94-797 A-15 County Department Dept. Orgn. Contractor's License No. Sheriff SHR SHR County Department Contract Representative Telephone Total Contract Amount County-of San Bernardino Dennis J. Casey, Captain (909)387-0640 $1,877,686 F A S Contract Type Revenue 0 Encumbered 17 Unencumbered F1 Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date 'Contract End Date Original Amount Amendment Amount 07/01/09 06/30/10 $ $1,877,686 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SHR 9565 GRANDT $1,877,686' 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 2009-10 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)430-2245 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) FIFTEENTH AMENDMENT Contract No. 94-797 providing,law enforcement service to the City of Grand Terrace is hereby amended, effective July 1, 2009, 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 1 ❑Contract Database ❑FAS Input Date Keyed By Pace 1 of 2 [This page intentionally left blank] COUNTY O�S)+N BERNARDI City of Grand Terrace y ) — Do. —- I . I'll I (Print or type name of corporation,company,contractor, etc.) ® // ' / / r BY - -- Gary C. Ovit Chairr*an, Board of Sup rvisors (Authorized signature-sign in bfue ink) � I Dated: tiG r Name I I (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) Dena M.-Smith Dated: Clerk of the Soard of Supervisors e County of San Bernardino "U ! By Ch_ Address 22795 Barton Road Jp�Y Grand Terraces-CA 92313-5207 Approved as to�XeQ81.Form f Reviewed by Contract Compliance Presented to 40S for Signature County Counsel,by Steven J. Singley,Deputy Department Head Date Date Date y �I SCHEDULE A Law Enforcement Services Contract City of Grand Terrace 2009-10 Rollover-does not include MOU increases for safety or general employees. LEVEL OF SERVICE FY 2009-10T 0.30 - Lieutenant COST 1.28 - Sergeant 255,333 1.11 - Detective/Corporal (40 hours/week) 06,527 1 1 687 - Deputy Sheriff(248 hours/week) 860,734 �—f 1.00 - Deputy Sheriff-Traffic Car(no relief) 125,289 1 1.00 - Sheriffs Service Specialist 62,762 1 1.80 - Office Specialist 105,599 1 0.20 - Motor Pool Services Assistant 11,880 1 3.50 - Marked Unit 43,593 2 2.00 - Unmarked Unit 12,946 2 1 00 - Ford Explorer 5,738 2 1 00 - Citizen Patrol 1,271 3 Dispatch Services 97,782 1 9 - HTs(Amortized over 7-years) 4,097 11 - HTs(Access& Maint Only) 6,552 1 - Additional MDC§ 2,710 11 - Taser Replacement(Amortized over 4-years) 3,124 Administrative Support 8,468, Facility.Costs 2,637 Office Automation 4,529 Services&Supplies 16,164 Vehicle Insurance . 5,598 Personnel Liability& Bonding 31,831 County Administrative Cost 50,589 TOTAL COST: $ 1,877,686 1 Monthly Payment Schedule 1S1 payment due July 15, 2009: $139,014 2"d payment due August 5, 2009- $138,774 3`d through 12`h payments due the 5th of each month: $138,894 Grant Funded Deputy° 1S`payment due July 15, 2009- $17,589 2"d through 12`h payments due the 51h of each month, $17,579 1 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 2009-10 is$210,958,which includes relief factor support. supervision and all related costs. The grant funded deputy is reflected in the total contract amount(TOTAL COST) i 1 . SCHEDULE A Law Enforcement Services Contract f City of Grand Terrace 2009-10 a ' i I 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 FY2009710 is $165 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. i . j LEVEL OF SERVICE SUMMARY SAFETY: GENERAL: Lieutenant - 030 Sheriffs Service,Specialist - 100 Sergeant - 1.28 Office Specialist - 1.80 Detective/Corporal - 1 11 Motor Pool Services Asst - 0.20 Deputy Sheriff - 687 Dispatchers - 1 33 Deputy Sheriff-Traffic Car - 1 00 4.33 10.56 I 1 , I VEHICLES: MISCELLANEOUS EQUIPMENT: Marked Patrol Units - 3.5 Radar Trailer' - 1 Unmarked Units Code 3 - 2.0 Pickup Trucks - 1.0 i Citizen Patrol - 1.0 Donated Trailer-Ins Only - 1 0 8.5 I I k - I I i I 1: Attachment C 13 SCHEDULE A LAW ENFORCEMENT SERVICES CONTRACT CITY OF GRAND TERRACE FY 2010-11 Rollover FY 2010-11 LEVEL OF SERVICE COST 0.30 - Lieutenant $ 59,906 ' 1.28 - Sergeant 223,963 ' 1.11 - Detective/Corporal (40 hrs/week) 164,398 ' 6,87 - Deputy Sheriff(248 hrs/week) 927,771 ' 1.00 - Deputy Sheriff-Traffic Car(no relief factor) 135,047 ' 1.00 - Sheriffs Service Specialist 68,270 ' 180 - Office Specialist 115,327 ' 0.20 - Motor Pool Services Assistant 12,948 ' 3.50 - Marked Unit 43,593 2 2.00 - Unmarked Unit 12,970 2 1 00 - Ford Explorer 5,738 2 100 - Citizen Patrol 1,271 3 Dispatch Services 110,856 ' 8.5 - HTs(Amortized over 7-years) 4,097 10.5 - HTs(Access&Maint Only) 6,552 1 - Additional MDCs 2,710 11.0 - Taser Replacement(Amortized over 4-years) 3,124 Administrative Support 8,773 Facility Costs 2,637 Office Automation 4,529 Services&Supplies 16,164 Vehicle Insurance 7,137 Personnel Liability&Bonding 29,497 County Administrative Cost 54,818 TOTAL COST: $ 2,022,096 ' Monthly Payment Schedule 1st payment due July 15,2010- $149,414 2nd through 12th payments due the 5th of each month. $149,415 Grant Funded Deputy4 1 st payment due July 15, 2010- $19,094 2nd through 12th payments due the 5th of each month $19,093 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. ° Cost of grant-funded dpeuty for 2010-11 is$229,117,which includes relief factor, support, supervision and all related costs.The grant funded deputy is refelced in the total contract amount(TOTAL COST). 1 ALlfi1R51A AGENDA REPORT MEETING DATE: July 27, 20.10 Council Item(X ) CRA Item ( ) TITLE: Treasurer's Report for Quarter Ending June 30, 2010 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. This reports all cash held and invested by the city. All fiscal agent funds are related to bond issues for which the .City has limited authority to access and invest funds as controlled by the bond indenture. DISCUSSION: HIGHLIGHTS Quarter-to-Date Total cash and investments increased $69,644 or 0.37% over the previous quarter end with a total of $18,878,763. The cash level remained steady with influx of revenue receipts in the fourth quarter of the fiscal year. The cash level was up ,in spite of the SERAF payment of $2,179,087 on May 5`h. A lawsuit against the State required SERAF contribution from the CRA to the state education fund was unsuccessful and resulted in the eventual payment. Fiscal Year-to-Date Compared to Previous Quarter Change in Treasury Position Jun. 30 Mar. 31 2010 2010 Change % Investment Pools 17,341,092 16,750,980 596,112 3.52 Investment Instruments 1,081,042 1,081,040 2 0.00 Funds with Institutions 456,629 977,099 (520,470) (53.26) Total Cash and Investments 18,878,763 $18,809,119 $69,644 0.37 Funds with Fiscal Agent 1,300,000 1,300,000 0 0.00 Total $20,178,763 $20,109,119 $69,644 0.35 COUNCIL AGENDA ITT!! NO.. 1 I The average yield is at least not declining any longer. It is stable at a relatively low average yield of 0.469% as investment income yields remain low for safe, liquid.investments. LAW net yield is now approximately .56% in June 2010 compared to 1.51% in June 2009: Overall cash and investments; including cash with fiscal agent, increased,0.35% for the quarter for a total of $20,178,763. The 1997 COP was refinanced through a private placement with Zion's Bank on September 1, 2009, in which a reserve deposit requirement was no longer required. The remaining Funds with Fiscal Agent are a required reserve for the 2004 CRA Tax .Allocation Bonds. Fiscal Year-to-Date Compared to Previous Fiscal Year Change in Treasury Position Jun. 30 Jun. 30 2010 2009 Change % Investment Pools 17,341,092 18,812,213 (1,471,121) (7.82) Investment Instruments 1,081,042 1,081,037 5 0.00 Funds with Institutions 456,629 736,314 (279,685) (37.98) Total Cash and Investments 18,878,763 $20,629,564 ($1,750,801) (8.48) Funds with Fiscal Agent 1,300,000 1,743,981 (443,981) (25.45) Total $20,178,763 $22,373,545 ($2,194,782) (9.80) i - Total cash and investments decreased ($1,750,801) or (8.48%) over the previous fiscal year end with a total of$18,878,763. The cash decrease may be attributed to a decrease in City revenue receipts, falling investment yields and a state mandated SERAF payment of$2,179,087 in May 2010. Overall cash and investments, including cash with fiscal agent, decreased (9.80%) for the fiscal year for a total of$20,178,763. INFORMATION I have attached the Quarterly Cash and Investments Report as of June 30, 2.010. 1. I hereby certify that the investments are in compliance'with the investment policy adopted by the City Council. { 2. The City has the ability to meet its budgeted expenditures for the next six months. 3. The market values for funds held in money market funds and banking institutions do not change. The amounts listed as market value for these items are the same as the book. value. 4. The book value for the LAW Pool is the withdrawal value provided'by the State Treasurer. 5. The market value of the funds held by the State LAW Pool equates to the City's pro-rata share of the market value of the entire LAW investment pool. 6 The fiscal agent provided the market values for investments held in;their accounts. 2 FISCAL IMPACT: None by this report. Respectfully submitted, Bernie Simon Finance Director Manager Approval: Betsy . Ada s City Manager ATTACHMENTS: Treasurer's Report June 30, 2010 3 I ' sy, ``g7MYi 1 & •.AI.1FORNIA City of Grand Terrace CRA of Grand Terrace Cash&Investment Report June 30,2010 FUNDS IN INVESTMENT POOLS Book PAR Market Yield Maturity California Asset Management Program 3,861,481 3,861,481 3,861,481 0.240% n/a State Treasurer-LAIF: City Account 52,896 52,896 52,983 0.560% n/a CRA Account 13,426,715 13,426,715 13,448,786 0.560% n/a TOTAL 17,341,092 17,341,092 17,363,249 INDMDUAL INVESTMENT INSTRUMENTS US Bank Safekeeping : First American Treas Oblig Fnd 1,071,771 1,071,771 1,071,771 0.001% n/a First Financial Equity-Money Market - 9,271 9,271 9,271 0.050% n/a TOTAL 1,081,042 1,081,042 1,081,042 Account Insured Other Total - FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Maturity Bank of America General 0 91,648 91,648 0.000% n/a Bank of America Savings 250,000 68 250,068 0.300% n/a Bank of America Payroll 0 20,913 20,913 0.000% n/a Bancomer CD 94,000 0 94,000 3.200% 6/8/11 I TOTAL 344,000 112,629 456,629 • Duration GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 18,766,202 18,788,360 1.10 0.469% CASH 112,561 112,561 GRAND TOTAL 18,878,763 18,900,921 i Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 1997 COPS 0 0 0 0.000% n/a First American Treasury Obligations 2004 TAB 1,300,000 1,300,000 1,300,000 0.001% n/a TOTAL FISCAL AGENT 1,300,000 1,300,000 1,300,000 i 1 e L?LI F•JR91A AGENDA REPORT MEETING DATE: July 27, 2010 Council Item( X ) CRA Item ( ) TITLE: Xerox Copier Lease I PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: 1) Approve, 2)Authorize City Manager to Execute Contract BACKGROUND: City currently leases a model CC55HC Copy Centre copier. from Xerox Corporation for the first floor of City Hall. The lease term for this copier is 60 months, ending in August 2010. Xerox has offered the City a new lease for another 60 months for a newer comparable model copier at a lower cost by piggybacking on the State contract. DISCUSSION: The current lease is for the Xerox CC55HC copier at$341.45 per month(excluding tax)plus $.0094 cost per copy over a 10,000 copy per month allowance. The new proposed lease is for a new Xerox Work Centre 5755A model at$283.31per month(excluding tax)plus $ .0057 cost per copy over a 10,000 copy per month allowance. An estimated annual contract cost over five years assuming 200,000 billable copy prints would be Old Machine $341.45 x 12 months=$4,097.40 plus 200,000 x .0094=$1,880.00 or$5,977.40 Total New Machine $283.31 x 12 months=$3,399.72 plus 200,000 x .0057=$1,140.00 or$4,539.72 Total Estimated Annual Savings= $1,437.68 The Xerox contract is subject to a continuing appropriations clause. FISCAL IMPACT: Annual estimated cost is $4,539.72. Over 60 months the estimated cost is $22,698.60 based on an estimated 200,000 billable copies. Contract maybe terminated for non-appropriation. The budget for the copier on the first floor is allocated between Coping Expense account 10-190-212 in the amount of$940 for the per copy costs and Capital/Equipment account 10-190-700 in the amount of$4,464 for the lease payment portion of the contract. The estimated budget savings for the new copier over 10 months would be $ $1,198 00. COUNCIL AGENDA ITEM NO.-,� .E- 1 Respectfully submitted, i Bernie Simon Finance Director Manager Approval: Betsy Nf Adanis City Manager ATTACHMENTS: 1) Financial Analysis 2) Lease Agreement Figianciai Analysis -for CiTy OF GkAi,4b Pi epared on&28/201 G 1 CC56 Laas&a 57 of 60 $341.45 i Included TOTAL 1 -10,000 Included 1`4*011.1)88bi. i Oa/2410,-z 1 r,,Uoc.+ $6.u084 $341.45 $0.00 I-jtal -- -------- --- Pro '41 UNE a m 5755APT(VVC6755A Laasa $263.31 I.I)CIUU83 1 (Meter I All Prints S0.0()57 Torim.60 monihs Included Lai I ' q ..� Customer. GRAND TERRACE,CITY OF BilTo: CITY OF GRAND Install: CITY OF GRAND TERRACE TERRACE 22795 Barton Rd Finance i Grand Terrace,CA 92313-5271 22795 Barton Rd Grand Terrace,CA 92313-5271 I ' State or Local Government Negotiated Contract:071396905 t ti L ' 1 i 1�1.5755APT(WC5755A PRINTR14TRAY) I ' 3-hole-Ofcfin Only Lease Term: 60 months Xerox CC55,SIN NWL108854 711312010 Office Finisher Purchase Option: FMV Trade-In as of Payment 58 Customer Ed i Analyst Services I r r I � 1.5755APT $283.31 1:Meter 1 All Prints $0.0057 -Consumable Supplies Included for an prints I -Pricing Faced for;Term t , Total $283.31 Minimum Payments(Excluding Applicable Taxes) 2' Via' Customer acknowledges receipt d the terms d this agreement Thank You for your business! whide cotaats of 2 pages nckrdkg this race page. This Agreement is proudly presented by Xerox and ��j 4 Signer. Phone: (909)430-2216 Phillipa Riley T (909)4B4-7289 QUA E For information on your Xerox Account,go to 1' Signature: Date: .57!asq,+% it IllilU.oU.u''.8i�ru:'^+1:7L -J i i S WS C15299 0702010 15:48.23 Confidential-Copyright®2008 XEROX CORPORATION.AN ri hts reserved Page 1 of 2 I i `i r::tor INTRODUCTION: assignee acceptable to Xerox in its sole discretion within your general'organization who 1.NEGOTIATED CONTRACT. The Products are subject solely to the terms in the can continue this Agreement, this Agreement may be terminated. To effect this Negotiated Contract identified on the face of this Agreement,arid,for any option you termination,you must at least 30 days prior to the beginning of the fiscal year for which j have selected that is not addressed in the Negotiated Contract the then-current your legislative body does not appropriate funds, notify Xerox in writing that your standard Xerox terms for such option. legislative body failed to appropriate funds and that you have made the required effort GOVERNMENT TERMS: to find an assignee.Your notice must be accompanied by payment of all sums then 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to owed through the current year under this Agreement and must certify that the canceled governmental entities only. You represent and warrant, as of the date of this Equipment is not being replaced by equipment performing similar functions during the Agreement that(1)you are a State or a fully constituted political subdivision or agency ensuing fiscal year. You will return the Equipment,at your expense,to a location of the State in which you are located and are authorized to enter into,and carry out, designated by Xerox and,when returned,the Equipment will be in good condition and your yo obligations under this Agreement and any other documents required to be free of all hens and encumbrances.You will then be released from any further payment j delivered in connection with this Agreement(collectively,the"Documentsl;(2)the obligations beyond those payments due for the current fiscal year(with Xerox retairirg l Documents have been duly authorized,executed and delivered by you in accordance all sums paid to date). j with all applicable laws,rules,ordinances and regulations latiors(including all applicable laws PRICING PLANIOFFERNG SELECTED: governing open meetings,public bidding and appropriations required in connection with 4. FIXED PRICING. If"Pricing Fixed for Term"is identified in Maintenance Plan i this Agreement and the acquisition of the Products) and are valid, legal, binding Features,the maintenance component of the Minimum Payment and Print Charges will agreements,enforceable in accordance with their terms;(3)the person(s)signing the not increase during the initial Tenn of this Agreement. i Documents have the authority to do so,are acting with the full authorization of your 5.REFINANCE.The"Amount Refinanced"is included in the amount financed under i governing body and hold the offices indicated below their signatures,each of which are this Agreement. IFthe Amount Refinanced is under an agreement with a third party, genuine; (4) the Products are essential to the immediate performance of a you acknowledge you have the right to terminate the agreement and you will provide governmental or proprietary function by you within the scope of your authority and will Xerox with a statement from the thid.party identifying the equipment at issue,the i be used during the Tam only by you and oily to perform such function;and(5)your amount to be paid off and the payee's name and mailing address. If the Amount payment obligation s under this Agreement constitute a current expense and riot a debt Refinanced is under an agreement with Xerox,the refinancing will render you prior under applicable state law and no provision of this Agreement constitutes a pledge of agreement null and void.If you breach arry.of your obligations under this Agreement, j your tax or general revenues,and any provision that is so construed by a court of the fill Amount Refinanced will be imrneciately due and payable. I competent jurisdiction is void from the inception of this Agreement. GENERAL TERMS&CONDITIONS: 3.FUNDING.This provision is applicable to governmental entities only.You represent B.REMOTE SERVICES.Certain models of Equipment are supported and serviced and warrant that all payments due and to become due during your current fiscal year using data that is automatically collected by Xerox from the Equipment via electronic i are within the fiscal budget of such year and are included within an unrestricted and transmission from- the Equipment to a secure off-site location. Examples of unencumbered appropriation currently available for the purchaselmaimennance of the - automatically transmitted data include product registration,meter read.supply level, Products,and d is your intent to use the Products for the entire tam and to make all Equipment configuration and settings,software version,and problemlfauit code data. payments required under this Agreement If(1)through no action initiated by you,your All such data shall be trarsmitted in a secure manner specified by Xerox. The- legislative body does riot appropriate funds for the continuation of this Agreement for automatic data transmission capability will riot allow Xerox to read,view or download any fiscal year after the first fiscal year and has no funds to do so from other sources, the contend of any Customer documents residing on or passing through the Equipment and(2)you have made a reasonable but unsuccessful effort to find a creditworthy or Customer's information management systems. - i 1 i I • I INS C15299 07121201015:48:23 Confidential-Copyrights 2008 XEROX CORPORATION.Al rights reserved. Page 2 of 2 ' S .. ,< .x s,. .,.;;z:- „'.j'� :s�; -r„••��,.,:a"�:,,, �3& ;.yam°.a• ..+ IN Y''J.SbY t`� r'",er;i .� er 'g jr�,p? t"' tak p41•"ui p AT a. t`` ��$.+�. ',_ `',�.'!'e.t for'` �'tq;'��t<°;'"��s"•s � `"�";,, ' _ �' � 'ft'T ` .i '4 ��7?:j''�Y:.i•'.ic6:�':.,.r,,f.a��;::r ` , 3'��'•,'' a'°a � :J,e�: f t.+ l 5;'�.��tkl rah F'•14».��f.l`:'x''i,�..1 x=,,..'^,'��.::�3("!• h",nN4p T YL °(�,ryt;`o •df�as' ;;-ak .` y, a F / ,b�y��.{x+�+��:}J;`il3RtI'•f• %. _ ;Hi..�,�,'_ si...4+�� �f �' „ �``,r� 4J§lar st*�� J` t ,�., ,y .'e �a .s+,v� J..�.,,�• y ....w�( � # 1,.•!�C ep •ea^"i,3 fr` ,l g w. +. 'tl a �..- r.�_. ^�, J° & ' g..$�5d`v;:3.5.. .r � �.,g' •.„yew. P. ^n.r P..a.., p .,. ` .. , z ,.�}�;�i r',4 °.err+'"` � - ♦-,� 9 , -. .. ,�"; ' -S `t)F,i ovF'� ,,.,6„ tom.,e- •.. .� :1,7 �'�� � � \ '(� \ / �/l C� ��� '� � �/ / ' {l e oWrVVD[' 0[0�B n 0 r e productive. Wo[kCp[-itr(, '00seOeS , �|(}[l O| ![­��8 �[0Vi�� [�� [i0�� �()U|S F«[ ��� VVO[' ' 1 |. . " ' ' �' ' ` '" . ' � V( U OO �V��[y .'OK n.US }��� /'0�OO|||�|�� ��0� ��|O VOU VV[}[' ��OO[t�[ [OS�-�'' rfiV�|V OO{� 0�O[� ��[U[e|V. ' ' � .c.n cd ~Scan u,Mailbox feature allows you,o Quick access uz frequently printed �an»oo8,|daon the pnnrs'`hmddnve documen�.The[oum,�pnn�Save& ��,:omonryov,omco|uu�|neoPmceo,sond m�pnnton demand or�mee via oweb nepnnt�otu�|r�you uo�uonneddom' mo�cyou,dou/oz^���'e,ondmo,ee[hc|en�� browser men�nnmede,/ccfb,exuct�onnt/otr, F,omr�orwo|k'upcnpyiog�ovo�:,hv|�con ' and fox capabilities--even full m cn ,scan tn , Easy archiving,ongonizi � while�m��|nmgthe flexibility m change ngondseo,�`i� email--these multifunction printer works o, With scan to searchable pDpo,xp5 files,you document parameters before reprinting, hard os you un� can create u� *||y��x� eo,chob|e0rond °Extensive fox ozpobiUUes.Network Server , integrate it �mcnob|emrnt.Internet Fax enob|rment — , m,omouco|�inc,eosevo�,wn,k�uw m m o easy step. (mavoid|ongd/,uuncrcoo,0c�)ondwh|kup efficiency.[vmng-edgrscanning funcuono|' /ty opens the door m better ways nfgetting ,Automatic file distribution.The exc|u' Fox with LAN Fax.With fox forward toemail work done.Scan m Email quickly distributes s/"e Xerox SwARTsrnd°scan,capture and feature,incoming faxes can beautomatically documents to multiple email addresses.Store distribution software option lets you route routed to any valid email address,device files on the device.o,mo personal directory documents to multiple destinations--emnx. folder o,network folder m save paper and You can also scan dvm u m�ntonrt*o,k folders,document management systems o, speed retrieval. folders,FTp sites and fox servers right from remote devices--from u single scan,using the device. o pre-set workflow LDAP capability can,even integrate your network address book. ` � � W ^p 7 • ,a.1'G '•rY.`ry R',.JPCYFr74j.� i ' �t4 yif.fi�-•'4b � � � �'.•• kif .:"i.' � �•3. �"fit'. •��".t-.,ss i z`;S yg. Ica .Ri,'�•Lam.'„yiR{����'r. .. l 1V `•M»� ''lu.! .A'Yv, 'R �4. •r•xv�'j�9,'k.;A�.. A1J� �^, u�,I� Y"u`$.0 5�''`�C�s,} ,Rt1 ..y 9'. e� ''.~'n G'1'.Y,�,. i�`t'Ri i6^',�y+,. P •,4 ;_ .;.: ri`, Lcike your Work[_ntre '700 series rT LJltlfLll-)ctlOn printer �Ighel level ofi office c'ptlrTli7.-Cttlon. Xerox Workflow Solutions connect users tothe 111-oX i';`:ri t'i }=[ :.4 Sk,L >{:iI`1f'1 Ca-W )l;•r tools they need to make their information work Developed by Nuance and Xerox,Scan ScanFlowStore software by Nuance flows faster,more efficient and more effective.w to PC Desktop software bridges the gap greatly reduces document processing Control access information.Reduce the costs between Microsoft Office documents, time with its powerful Optical Character of information workflow and your organiza PDFs and paper It allows you to customize Recognition technology Using template- Lion's environmental impact.Enable new ways the scanning menus on your WorkCentre based scanning,a user simply selects of working that streamline and accelerate 5700 series multifunction printer directly specific'zones"on a document from ousiness cycles and give you a competitive from your desktop This makes it easy to which data specific to industries such as advantage. securely scan to specific folders on your healthcare,legal or financial,is captured Xerox Workflow Solutions give you measurably desktop,turning a shared multifunction and used for file naming,creating network better ways of working with information no printer into your own personal multifunc- folders,populating PDF properties,search- matter what industry,no matter how big or Lion printer ing and retrieving,and routing scanned small your organization,and no matter where documents to their correct repositories. you operate. V ox __Ccu v Acc��-SS Following are just a few examples of the many =rt I"{'-a r '. mot`= ' possible Xerox Workflow Solutions. Secure Access integrates with your existing employee ID badge solution,allowing users to simply swipe their badge at the WorkCentre 5700 series multifunction ;t2" printer to unlock access to features. Usage data can then be made available r to other solutions for tracking,accounting and regulatory purposes.Follow-You"' print,a feature of Secure Access.allows you to send a document to a secure print t , queue,walk up to any printer on the ; network equipped with Secure Access, swipe your ID card and access the docu- oersonalizIed solutions you access ment for printing. ight from the toucn sueen interfere. f ' [�'��[`"'. ��[ �� —����� , -�lO ��! |��/l�U I A 1 1..[� ��V2 ' 2� D � qOD�. |�[�( lU � ` ' -��v, ^,u Office mfe'solot less complicated thanks m `— work[entrp57OO series multifunction printers innovative Xerox features. Stay oo task and deliver optimum results nu .New color touch screen interface.Provides matter how demanding the workload. the comfortable look and feel Xerox oknown ,The speed you need.With ultra-fast copying for and fecituvs bright,intuitive icons and and printing--choose from 35ppmvpto easy access to all major functions directly 55pprn--there's more than enough speed from the home screen. to meet the needs of any busy department Less user intervention means less Get instant access to all functions with the n,wu,xg,oup. downtime.More efficient toner lasts longer Los'-to follow touch screen interface. ^Lab-tested performance.According to and can ue replaced quickly by any user muomtn,y testing.the advanced Xerox °A help desk ct your fingertips.Get owealth ' . wmrk[:nt,e controller outperforms the of helpful information--like tips for send- competition whenp,|nungt»eUncumen', ingo scan via email--right from the touch �onserv��.un ��dt'/n business professionals work on every day screen interface. Get o powerful multifunction printer ^ Multitasking moste �� cono job while .A truly universal print d,w �driver.Xerox another job Pn �n .Send o�:wm|rmokmg pvntDn � mu �mo v:,,(X�GpD)|elTodm � �h«�|�cn"|mnme»toUyp,��mba� ' cop/es.Thepow:rfv|l2GHzFrersco|e install,Upgrade and manage Xerox and non- -Power save with quick start-up con- processor concu,/endyP'meoe,o||]»bs Xerox devices from o single driver It provides serves electricity during downtime received,and performs multiple tasks o consistent.eo,y.to.use interface for end- while keeping the device ready for simultaneously users.reducing the number o[support calls. action. ,Your pn,t]ob.your priority.The Print and simplifying print services management. ,Full compliance with the EU Around feature eliminates extended printing ,Advanced copy and print features.Plenty Restriction of Hazardous Substances delays uy holding o job/n need of resources ,f support for specialized print applications, (Ro*5)Directive'and the stringent (such oso different paper size)and printing such o,Annotation,Bates Stomping,{DCard 2O09 ENERGY STAR"standards. the next job in the queue.lf you need your Copy.tab print capability and page-level ,Automatic paper-saving print work first,you con manage the job queue programming. settings allow for reduced impact ot the device by promoting o,deleting jobs nn the environment.Options 000^jmg|y include default two-sided printing, ^ Significantly smaller scan files.The latest proof print,recycled paper and scan-export compression technologies reduce draft mode. tmfMconthen°mvomondooelemtedocu- ,Stayeorth'fr/cncity Our innovative mentudme,y new Ev,thSmo,t feature automati- cally choosestxrmostcn,/mnmcn' touysrngu,eopunv,fo,you,)ob HN � .•Sy s� rr° Optional Envelope Kit(replaces Tray 2)provides " Duplex Automatic Document Feeder automatically trouble free feeding of 50 envelopes. Multiple finishing options let you add the capabilities scans documents as fast as 80 sprn. '$ that are right for individual workgroups.Choose basic High-Capacity Tandem Tray holds a total of features like staple and hole punch,or advanced cupabilities to produce paginuted,saddle-stitched and 100 sheet Bypass Tray handles heavy paper 3.600 sheets of letter size paper folded booklets and L and C-folded orochwes. up to 80 lb.cover 4,OOO sheet letter size High Capacity Feeder(optional) Iwo 500 sheet universal trays are udjustable can increase total capacity to 8,700 sheets.Or add the ; up to 11 x 17 in. 2,OOO sheet Short Edge Kit in either letter/legal size or 11 x 17 in.size. I •_ . Pnnt and copy up to 35/40/45/55 pprn . F werrui soon feature,.including scan to email 1 • ,x solut,ons uvadable.including walkup WxDxH: vu. !nteinet fox (ronnguration with OCT and DADF) • Moximuni Raper capacity'8,700:heels 38 x 26 x 45 in, • Xpinx Extensible Inrerrnce Plritforn''(FIP) 955 x 650 x 1 140 rain 1C V �♦f'!�"`,.%��-"i'.• Y ::fir-:i•T�.`,,y Y-. Ii't';ga"` �L: ((yy.i p`q.. �hY� :,t{rryaYa:%5E °�i'.*� t,�Y�^A .ir,' ��i(�d�r�T° wa• \ s'44' :r �j�3�y;;3 ,.�,.,a'�,..,%�`j,�%5,. .Iz�-,�;,,a4; �=-�a:�siY.:" �- ��i:• � i`,:lz s :usiI'l3 ` .a k a 'a'C 4 SI��ii' i"'_r 'Yz:i " .. 5 a» {_Jf't 'D II`' t COC (�tilfll.� ~l'.'.'.t'tiit"i J V aIOr�g W t ' X-r(:�x �:x oertise %O ��f?lIJ Sifll�J;ify i��vr; ';s'riip aril irnprc-avrw voui rlr. IriI:J is -V. ,,,, i ,>FI` ,;; r r.;i •Finish documents in-house.A host of •Streamline costs and simplify ownership. advanced finishing options help you save on The Smart eSolution suite of offerings man- Let our industry-leading technologies help outsourcing costs by creating your finished ages time-consuming maintenance chores you minimize time and money spent on documents right in the office. for you: device administration and upkeep. • Reduce service calls with Smart Kit° MeterAssistane collects and submits usage • Control costs.Xerox Standard Accounting components.Xerox Smart Kit technology meter reads automatically monitors not only the pages your office predicts and prevents downtime by letting o produces,but also who produced them. SuppliesAssistant' monitors consumables you know ahead of time when easy-to-change Administrators can allocate user access and components need replacement. such as toner and ensures that you have the generate usage reports,providing the infor right amount on hand. mation you need to optimize device deploy- •Use less paper.Two-sided printing,Junk fax Maintenance Assistant'offers a fast,free ment and reduce costs. rejection,and efficient scanning worknows help way to troubleshoot,report and resolve •Color scanning one of many value-packed you print less paper,and save more money potential repair issues. features.Scan your color documents as •Automated billing.Job Based Accounting originally created and retain visually critical ensures accurate billing of device output to information.Then,use color scan to PDF to the correct department using one of several immediately distribute your color documents third-party billing solutions. via email. 11 it v 7 _Ve You (.an put your rnincl a z:Cse_ "Ne i . i . k-4 dw-triced I"Wit Document Device Hard drive Network -Secui e pant -Secure access -linage overwrite .Network user outhenticutibn -Secure fax -Audit log -Encrypted disk drive -IEEE 802.1 x protocol -Fax forwarding -Device access password protection i.IPv6 network routing protocol -Hidejob and user name display -IPSec -Analog fox and network isolation -SNMPv3.0 -Smart Card authentication HTTPS •Encrypted scan to email •IP Filtering, Remote software upgrades.Easily update your devices with the latest software and WorkCentre 5700 series multifunction Access device information and control enter- security patches and customize functionality printers boost numerous security features and prise-wide systems with an exceptional range of to meet your business needs. options that employ the latest advancements reporting and management tools. in data protection technologies,ensuring that •Third-party certification.The WorkCentre •sensitive information stays confidential. Fast deployment and consistent uptime. 5700 series multifunction Printers have CentreWare'O IS Embedded Web Server auto- received certified approval for use with soft- •Submitted for full system Common Criteria mates installation,troubleshooting,cloning ware solutions from such industry leaders as (ISO 15480)Certification ensures that the and upgrading,providing virtually effortless Citrix Systems,MEDITECH and Cerner entire device,not just individual components, device management.Plus.CentreWarel Web i conforms to the most stringent security stan- software manages an entire enterprise-wide • Network authentication restricts access dards and regulations. print environment—regardless of manufac- to scarf,email and network fax features by Secure Print prevents unauthorized viewers turer mix—and heios ensure oil devices run validating user names and passwords before • smoothly and reliably use.Audit Log capabilities let you know who from seeing documents by holding jobs in the sent wk se at,when. print queue until the user is authenticated. I •Xerox Secure Access Unified ID SystemO Uses card-based identification to authenticate authorized users when they insert an ID card. • Follow-You Print lets you submit print jobs to a secure print queue and print them at the device of your choice,after ID authentication. • Smart Card technology WorkCentre 5 700 es mo.tif,_inction PI'MTe(S SUP00ft.the nit( iird Tecn:in:,)qy ised by tne U.S. epaiti-nent of Defense for its Common Access Card(CAC)'system,which protects against unauthorized access- Rosic office Office High Volume High Volumr Ftrtnher <- hnisher Finnhei harsher w/Booklet MaFet •. ! Yn+tWnress f hyh _._._.._ ! � Inserter :'Patlry D(/sot h'oder Catchtray 2 FoldIC — ti r ._ a . • Fold Unit WorkCentre 5735/5740/5745/5755 WorkCentre 5735/57110/5745/5755 WorkCentre 5735A/5740A/5745A/5755A Copier Printer/Copier Printer/Copier/Color Scanner Up to 35/40/45 1 55 ppm 1 68(includes 384 MB EPC and 640 M8 ESS) 1 GB(includes 384 MB EPC and 640 MB ESS), expandable to 2 GB(Includes 1 GB EPC and i GB ESS) Paper Input Standard Duplex Automatic Document Handler(DADH):5735.75 sheets(a Platen version is also avadabie for the S735);5740/5745/575S.100 sheets Bypass Tray:100 sheets:Custom sizes:4.25 x 5.5 to 11 x 17 in./A6,Lo A3:16-S8 lb.bond/60-216 gsm Trays 1-2:500 sheets each:Custom sizes.5.5 x 8.5 to 11 x 17 in,/A5 to A3;16-53 lb.bond/60.200 gsm High Capacity Tandem Tray 3,600-sheet total(1.600 and 2,000 sheets):Size 8.5 x 11 in./A4 Optional High Capacity Feeder(HCF):4.000-sheets:Size 8.5 x 11 in./A4 long edge feed HCF Kits(HCF required):2.000-sheet 11 x 17 in.Snort Edge Kit or 2,000-sheet Letter/Legal Snort Edge Kit Envelope Tray:Up to 50 envelopes:#10 commercial,monarch,DL:CS,custom.Large U.S.Postcatd,A6 inrsning options Offset Catch Tray(available with 5735/5740/5 74 5/5755):300 sheets Basic Office Finisher(available with 5735/5740/5745):1,000*2SO-sheet trays.30-sheet single-position stapling Office Finisher(available with 5735/5740/5745 1 5755):2,000.250-sheet trays,SO-sheet muitiposition stapling,optional hole punch High Volume Finisher(HVF)(available with 5740/S 745/5755):3,000.250-sheet hays,100-sheet multiposition stapling,optional hole punch High Volume Finisher with Booklet Maker(available with 5740/5745!S75SY adds saddle-stitch booklet-making Z Fold/C Fold Unit(with HVF with Booklet Maker):adds letter-size Z and C-folding Post Process Inserter(with HVF and with HVF with Booklet Maker):adds preprinted inserts Convenience Stapler:50-sheet stapling i,i,t page out time S735-As fast as 4 7 seconds: 5740/5745/575S.As fast as 3.4 seconds Resowtion(max) 600 x 600 x 8 dpi input/4800 x 600 dpi interpolated output Copy leatules Automatic two sided.Collation.Auto reduction/enlargement,Auto paper select.Auto tray switching.Image quality enhancement,Transparencies.Booklet creation, Multi up,Invert image.Covers,ID Card Copy.Annotation and Bates Stamping.Build Job.Inserts and too copying.Sample set.Job stoiage and eprint Rewitinon(max) _ Optional Up to 1200 x 1200 dDI Plocessol 1.2 GHz Fieescale dedicated/80 GB Hard Drive shared Connectivity Ethernet 10/100/1000 Base T IEEE802.5(Token Ring)[via thlra Dafty adapter), Wireless Ethernet(IEEE802.1 la/b/g)[via thud warty adapter].USB print Page description PCL'6.PCL-•5e emulation,PostSvrpt"3"emulation.LCOS,SCS.XES and IPDS via thud party tionstoims. languages Direct print TIFF,PDF,A/400 support via Woi<Staaon Customization Objects Print tearuies Dday-,Suniple-,Secure,and Store Print:Simultaneous rip,receive.program ahead•queue-process and transmit;Bidirectional print drivers:Exception page programming;Tab printing:Embedded Web Server for remote control/monitor/setup;Job monitoring at device and at desktop Optional:Walkup Fox(33.6 Kbps,one-fine and Internet Fax enablement,Network Server Fax enablement. two-iine,256 MB)options)with)BIG compression Optional:Walkup Fox(33.6 Kbps,one-line and two-line[256 MB]options) with LAN Fax and Fax Forward to Email or File Optional Optional:Block-and-white Network Scanning Standard Color Network Scanning with Scan to Email(Autneritication and LDAP), with Scan to Email(Authentication and LDAP). Scan to Manbox.Scan to Home. Scan to Mailoox,Scan to Home. Scan to searchaare POF,PDF/A,XPS, Scan to searchaole PDF,PDF/A,XPS, Additional options:Scan to PC Desktop,SMARTsend" Additional options.Scan to PC Desktop SMARTsend" Fax Security(with Fax option) Fax Security.Secure Print.802.1 x.H f TPS(SSU.SNMP V 3.IPv6,IPsec.Network Autnentication. Device Access Password Protection,lP Filtering,Audit Log.Disk Encryption,Disk Image Overwrite NA Xerox Standard Accounting-Copy.Print,Fax:Optional:Network Accaunhng.enablenient(via 3rd Purtv) JDgrace Kit to Copier/Printer. Foreign Device Intertace'Xerox Copier Assistant.Fax/Scan/Accounting Parner Solutions, Foreigi Device liteitace',Xeirix Coder Assistant Xt_IOx lJniwde intemnunnnl Pnnr n�.Xc[ox Seune Accass tJnfied ID Sy tam witn Falo•.v Yo,i Pu t", Common Access Card ertaDiement IUS on'y) .s)ri:.nw 1yu�r,irvn.t:rtrrtu:a+r ClU•e', Lt;'Ilii IILLr11'I:LLt JIIUUI dlrlq 111.r 111d ljUlty ruugncfu_ nui:euuels antl rain Jeatea `I/_; I• •'u•)x•,i.1111,IA rn•ar.:r Ji'i u,rr:r�:u1..1•r. r.r 1i ry,w4..ru , 1 w in'rvi nrrrflnlV r.-M1rr,.,nn-nI�.i.n.lnllr,l� —. :.a rr rrlote information cal( 1-800-ASK•XEROX or visit us at www.xerox.com/office �.r :]•L•-V.• 1.1"P9, 1 1)•A,, 1. .•_ -, _-r.V'a1,iH "<(..n.r.iva�r+l;. I,II.11 ..1: ''• • I -,1 I-! I .. r •.l-.. r 11i,_I•IE•fGr'I.V.iI•rJl:r,,.'1 inl fly:".. _ , r r•V:,.;,- , r , -:l'. r rM rlJfl`.11:.1,rAp ,rf i f f llfl,i,f rvul•r• r:11•try 'hv, i • nnwt.r._ ,-:in itv-. " „ , JI-,I.{Ar•1,�-tn.ur ..,;al•.I..::rEr.,l••1'�r-.1�.-rn-r nlr:,:nnne(e.l ilrl,ca(n-h�-�.rtnnrvr•,t nllnlliF1•r r. ._,.. - ,.u1,r—io :-rr.r nn�ouF•r Pr•�r nl':,e,r,•arm,.,, r—nrar,r rr nw•hl-ctroo.nrr-oar:•1 I_ Irnll._e•,Ir: -rill•' ,n 15r• !J'•_+r')ir)t 13 A L I f O H V I A AGENDA REPORT MEETING DATE: July 27, 2010 Council Item ( X ) CRA Item ( ) TITLE: Town Square Project PRESENTED BY: Joyce Powers, Community and Economic Development Director Sandra Molina, Senior Planner RECOMMENDATION: Conduct a public hearing and take the following actions: 1. Adopt a Resolution Certifying the Final Environmental Impact Report and adopting a Statement of Overriding Considerations; 2. Adopt a Resolution approving Site and Architectural Review 07-12/Town Square Master Development Plan,- Master Development Sign Program 09-01, Site and Architectural Review 07-07 and Sign Program for Development Unit 1; 'and 3. Adopt a Resolution approving Tentative Parcel Map 08-01. BACKGROUND: The applicant proposes the development of a neighborhood commercial center with up to 209,611 square feet of building area. The project is located on the south side of Barton Road between Michigan Street and the Gage Canal within the General Commercial designation of the BRSP, and is comprised of approximately 21 gross acres. The project site is located within Planning Area 1 of the Barton Road Specific Plan ("BRSP"), which requires the preparation of a master development plan. The purpose of the master 'development plan is to establish consistent development standards and integrated design among the different property owners within Planning Area 1. In response to this requirement the applicant, represented by Mr. Douglas Jacobsen, has submitted the proposed Grand Terrace Town Square Master Development Plan ("TSMDP"). The Project is proposed to be developed in five Development- Units that correspond to five development phases. In addition to approval of the TSMDP and associated master planning documents, the applicant- is requesting approval of Development Unit I/Phase 1. Subsequent development applications will need to be submitted and approved by the Planning Commission for construction of Development CJnits 2 through 5, and those applications inust be consistent COUNCIL AGENDA ITEM NO. 1 City Council Agenda Report Town Square Project Page 2 of 17 with the provision of the BRSP and TSMDP. The table below provides further information on each Development Unit. Development Phase Land Area Maximum Buildable Existing Conditions Unit (approximate) Square Footage 1 1 7.5 75,899 Miguel's Jr. (*65,737) 2 2 4.5 58,858 Vacant 3 3 5.0 33,977 Senior assisted care facility 4 4 2.0 20,700 Autozone 5 5 2_0 20,177 Occupied residence Total 21.0 209,611 *65,737 square feet is proposed in Development Unit 1 The TSMDP has been submitted in response to the BRSP's requirement to develop a master development plan within Planning Area 1 of the BRSP. This is a broad-based planning document intended to establish consistent development standards and integrated design among the different property owners. At any time in the future, should properties develop or re-develop, the development standards will be in place through the TSMDP. Further, with regard to Development Unit 5, the limits of the TSMDP encompass this property in accordance with the requirements of the BRSP; but no development is proposed on this property. The applications submitted for the development of the project are as follows: • Site and Architectural Review 07-12/Grand Terrace Town Square Master Development Plan • Site and Architectural Review 07-07 • Tentative Parcel Map 08-01 (Tentative Parcel Map No. 17787) • Master Sign Program 09-01 • Sign Program - Development Unit 1 • Development Agreement (to be considered at a later date) • Environmental Review 07-06 City Council Agenda Report Town Square Project Page 3 of 17 On July 15, 2010 the Planning Commission voted to approve Site and Architectural Review 07- 12/TSMDP, Site and Architectural Review 07-07, Master Sign Program 09-01, and Sign Program - Development Unit 1:, Their approval is subject.to the City Council's certification of the Environmental Impact Report ("EIR"), at which time the City Council also approves the Site and Architectural Review and Sign Program applications. At the same hearing date, the Commission,recommended certification of the EIR and approval Tentative Parcel Map 08-01. The TSMDP and Master Development Sign Program will apply to all development within the . ` TSMDP. ,Site and Architectural Review 07-07, Tentative Parcel Map 08-01 and the Sign Program for Development Unit 1 will allow for the development of Development Unit 1/Phase 1. The uses proposed within Development Unit 1 are a Stater Bros. Market, two retail/commercial buildings, a fast food restaurant, and the existing Miguel's Jr. fast food restaurant. Plans and materials that were submitted for the Project and which are either attached to the staff report or provided via separate transmittal to the Council on July 14, 2010 include: • Town Square Master Development Plan document (Attachment 1 - provided on July 14`h) • Reduced size (I I"X17") set of plans that include site, floor and-landscape plans, building elevations, color building elevations and site plan, photometric plans, tentative parcel map, preliminary grading plans, and cross sections. (Attachment 3 - provided July 141h) • Master Development Sign Program(Attachment 4 - provided July 14rh) • Sign Program for Development Unit 1 (Attachment 5 - provided July 14`h) DISCUSSION: GRAND TERRACE TOWN SQUARE MASTER DEVELOPMENT PLAN (6(TSMDP") The TSMDP (Attachment 1) is a comprehensive plan intended to be the guiding document for development of the properties located within the boundaries of Planning Area 1. The TSMDP provides a land use plan which describes the proposed project and the five Development Units. It provides broad-based and Development Unit-specific development standards, including parking, landscaping and building setback and building height requirements, which are consistent with the standards of the BRSP. It provides a description of the infrastructure (circulation, water and sewer, drainage, utilities, solid waste, and public services/facilities) that will be provided to serve the TSMDP. The TSMDP also includes architectural and sign standards that would apply to the planning area. These are discussed later in this report. In accordance with the BRSP, the TSMDP also includes a discussion of development incentives. The BRSP gives the Planning Commission the authority to grant incentive bonuses through 3 i City Council Agenda Report Town Square Project " Page 4 of 17 relaxed development regulations based on the merits of the project. Merits that warrant incentives include lot consolidation, reduced access points, reciprocal access agreements,. reciprocal parking agreements, and provision of public or semi-public open space. The TSMDP l includes provisions for all of these items. G I 'i Incentives may include, but are not limited to, reduction of no more than 20% of the total number of required parking spaces, increase in building heights, and other standards as approved by the Commission. Development Unit 1 contains consideration for increased building and light standard height for the Staters Bros. store. The maximum light standard height'is 18 feet. The applicant is proposing 20-foot high light standards along the south boundary of the project, and 30 feet within the parking fields north of the Staters Bros. market. (Refer to Sheet SL-1 of Attachment 3.) Staff recommends that the height of the light standard Is on the south side of { Stater's market and along the south boundary in proximity to existing residences to be reduced to, 18 feet. The BRSP allows architectural building elements such as towers and roof ridge lines may extend to 35 feet if no habitable space is provided above 28 feet. All proposed buildings meet this height, except for the Staters Bros. building where tower treatments extend to 40 feet in height. These elements are on the north side of the building and would not adversely affect existing or surrounding uses. The applicant is also requesting relaxation'of the driveway depth requirement for Driveway No. 1 from 40 feet to 20 feet. Driveway No. 1 is the driveway on the west side of Miguel's Jr. However, there will be sufficient queuing available as vehicles exit the property because Driveway No. 1 is served by a main drive aisle. jAs subsequent Development Units are reviewed, other incentives may be requested. To better track the incentives that are granted and the merits of the project that would allow the incentives, an incentive program is,proposed as shown in Attachment 2. This program establishes a value to each development merit identified above that has been incorporated.f into the project, ,and establishes a value for the development incentive being requested. Based upon the merits of the TSMDP:and Development Unit 1, 80 bonus points are proposed to be allocated to the Project. A point allocation is also proposed for the three development incentives tlat are being requested above. These incentives would deduct 11 bonus points from the Project leaving a balance of 69' bonus points that can be used towards subsequent Development Units. ;However, as shown in Attachment,2, staff is recommending the allocation of 70 bonus points, the deduction of 15 points, leaving a remainder of 55 bonus points. Attachment 2 is included in the Resolution for Site and Architectural Review 07-12 and 07-07. i The Planning Commission approved the Bonus Incentive Points program shown in Attachment i I I 'I { 4 I � City Council Agenda Report Town Square Project Page 5 of 17 GENERAL PLAN AND ZONING The Project site is designated as General Commercial ("GC") on the General Plan Land Use Map. The General Plan states that the GC designation provides for general commercial uses to serve the retail and service needs of the community. The proposed TSMDP is a neighborhood commercial center and the permitted land uses identified in the TSMDP and those proposed within Development Unit 1 (grocery market, commercial, retail, fast food) are consistent with the General Commercial Land Use designation. The project is also consistent with several policies and actions of the General Plan, as contained in the attached resolution. The site is zoned BRSP-General Commercial. The BRSP has been adopted in conformance with the General Plan, and Section V specifies the uses that are permitted in the BRSP-GC district. The BRSP-GC is intended to allow for varied types of commercial development such as beauty shops, bakeries, gift shops, florist shops, bookstores, markets, ice cream shops, fast food restaurant and other similar commercial retail uses. The permitted uses identified in the TSMDP document and Development Unit 1 are consistent with the land uses of the BRSP-GC zoning district. The project also complies with the development standards contained in the BRSP, including any development incentives that may be granted as permitted in the BRSP. DEVELOPMENT UNIT 1 Development Unit 1 is comprised of 7.67 acres, and proposed uses include: Use Square Footage Stater Bros. Market 43,178 Shops 1 8,350 Retail 1 6,816 Fast Food 3,853 Existing Miguel's Jr. Food Service 3,000 Total 65,737 Site Plan The site plan (Sheet A-0.0 of Attachment 3) depicts the development of Development Unit 1. The Stater Bros. market is expected to be constructed first. The Stater Bros. market will contain a pharmacy, banking services, deli, bakery and meat/seafood departments. The remaining buildings would be constricted as determined by the commercial market and future tenants. 5 I i I City Council Agenda Report i Town Square Project ! Page 6 of 17 Reciprocal access, parking and maintenance agreements will be established for the commercial center. j Development Units 2 and 4 are adjacent to Development Unit 1. Major !Anchor A is the Stater ! Bros. market and it is located on the south side of the project site with the entrance and parking fields to.the north. The Shops I building abuts the market to the west. r ! ! The new Fast Food building is at the northwest corner and the Retail 1 building is,located at the northeast corner, respectively, of Development Unit 1. Both are located along Barton Road. All proposed buildings within the DU 1 meet the requirement standards of the BRSP and proposed TSMDP, including but not limited to parking, building setbacks, landscaping, and building design and materials. j i There are two access points on Barton Road and two access points on'Michigan Street. The access points along Barton Road currently exist east and west of the! existing Miguel's Jr. restaurant. The access point east of Miguel's Jr. will be signalized and improved with the construction of the Stater Bros. market. The south access point on Michigan Street is primarily intended for service vehicles, while the access point to the north is for general use. All project entrances will be treated with decorative paving/concrete. No access will be taken via La Paix { Street. Internally, drive aisles are oriented north-south, with main drive aisles at project entrances and throughout Development Unit 1. A total of 329 parking spaces are required to serve Development Unit 1 and 393 spaces are proposed. Excess parking spaces can be applied towards subsequent Development Units. i Parking for the Fast Food building is to the east and south of it, with the drive through order box on the north side of the building and the pick up window on the west side of the building. A condition of approval has been added requiring landscape screening for the order box. The. parking area for Retail 1 is on the south side of the building where the entrances are located. The signalized entrance is located just west of Retail 1. i A trellised pedestrian walkway will lead pedestrians through the parking lot to Stater Bros. i market. Omnitrans has reviewed the project and recommended the installation of a bus turnout on Barton Road in proximity to this trellised walkway to serve both employees and patrons. i Also on the north side of Shops I is an area reserved as a landscaped point of interest that will be improved with DU2. At such time that development of Development Unit 2 is proposed before the Planning Commission, staff will recommended the incorporation of a .eating area. a i I i i City Council Agenda Report Town Square Project Page 7 of 17 Delivery Activities: The loading area for Stater Bros. is about 40 feet from the south property line. The required setback is 10 feet. La Paix Street is located along this project boundary with residential homes across. from La Paix Street. The loading area has a 60 foot long screen wall measuring approximately 19'feet high to screen loading activities and attenuate noise. The south boundary wall, which measures six feet high on the La Paix Street side, will also attenuate noise levels. Additionally, from-the loading area, the distance to the nearest home is approximately 60 feet. A condition of approval would recommend prohibiting loading activities between the hours of 10:00 p.m. and 7:00 a.m. Also, Condition No. 21,-which prohibits routine maintenance activities from 8:00 p.m. to 6:00 a.m., is proposed to be revised to prohibit these routine activities from occurring on the south side (rear) of the site, behind the Stater Bros. Market, Shops 1, and any buildings in any,of the other Development Units that align with these buildings between 8:00 p.m. and 7:00 a.m. Preliminary Landscape Plan As shown on the preliminary landscape plan (Sheets CLP-1 through CLP-5 of Attachment 3), the developer is proposing a variety of trees, shrubs and groundcover, landscaped trellises, and decorative handscape'for an overall total of 76,227 square feet (22%) of landscaping. Within the parking area, almost 16% of the parking area is landscaped, well over the minimum standard of 5%. The proposed landscaping meets the landscaping coverage requirements contained in the l BRSP and Zoning Code. The BRSP requires that parking along the street periphery be screened through the use of landscaping, low walls, berming, or any combination thereof. Additionally, the landscape buffer along the south property line is required to include growing evergreen trees, and the conceptual landscape plan depicts the installation of evergreen trees. The conceptual landscape plan also depicts installation landscaping on the inside and outside of the screening wall. On the La Paix Street side, vines will be planted along the wall as well. Review and approval of final landscape planswill assure that these requirements are met. Building Elevations/Colors and Materials Building elevations (Sheets 2.0 through 2.3 of Attachment 3) and a color and materials board were submitted by the applicant for the project. The color and materials board depicts the use of muted earth-tone colors, which are shown on the colored architectural renderings. Building materials consist of stucco, stone veneer, grey-tiled roofs, cornices, trellises, column projections, exposed rafters, and contrasting color insets. The colors, materials and building elevations make up the architectural theme that is proposed to be established for the TSMDP planning area. 7 i I � a City Council Agenda Report f Town Square Project I Page 8 of 17 if The BRSP encourages building architecture that has rich surfaces and/oritextures that articulate with the use of insets, trellises, and articulation of wall planes. The buildings are proposed to I have a stucco finish with the incorporation of a ledgestone veneer, the use of trellises and insets, and column projections. The*use of stucco walls is permitted in the BR'SP as long as building walls are articulated and provide architectural interest. A brief discussion of the architectural plans for each building in Development Unit 1 follows: j Stater Bros. Market (Sheet 2.0 of Attachment 3) I � I North: 'The front (north) building elevation depicts variation in roof and wall planes with cornices, column projections, trellises, tower treatments, rafter tails, Viand ledgestone veneer along the base of the building elevation and tower projections. k South: The south building elevation facing La Paix Street runs approximately 232 feet and is painted with three different shades of brown. A portion of the building projects outward providing additional articulation and all walls are trimmed with cornices. West: The west elevation (facing Michigan Street) has ledgestone for about 27 feet, and the remainder of the building plane is painted with varying colors. Shops 1 will be-built along this building elevation at some future date. i ! East: The east elevation is painted with varying colors, and also includes painted arches and trellises. When Development Unit 2 is constructed, a building will abut!against this side of the building. C i Shops 1 (adjacent to Stater Bros. Market, up to six tenant spaces) (Sheet 21.1 of Attachment 3) North and South: These elevations are reverse images of each other. The elevations depict the use of ledgestone along the base of the building elevations and projecting columns, varying colors, projecting columns, tower entry treatments, and trellises. The tower treatments and Iprojecting columns add variation to the roof line and wall planes. West: This is the main elevation for the building that allows entrance into the different tenant spaces with the tower treatment at both ends providing variation to the roof line. Column projections and trellises add variation to the wall plane. Ledgestone is applied at the base of each column. East: The side of the building abuts Stater Bros._ Market and will not be visible. Fast Food (located at the northwest corner of DU 1, along Barton, Road) (Sheet 2.2 of Attachment 3) I r I North: The north elevation faces Barton Road. The architectural elevations depict variation in the roof and wall planes through.the use of a tower treatment, column projections at each side 4 City Council Agenda Report Town Square Project Page 9 of 17 of the tower, stone veneer base, and a trellis. The proposed column on the right (west) end of the building is painted. South: This building elevation is the rear of the fast food building-and faces the interior of the center. A ledgestone base and varying colors are used for articulation. The proposed columns on either end of this building wall are painted. East: This building wall faces east towards Barton Road and Miguel's Jr. The entry tower is on the'right side, and different colors, column projections, trellises ledgestone at the base of - ' the building wall. West: This is the side of the building with the pick up window and faces the Auto Zone building. The pick up window portion of the building wall projects, and a trellis spans the drive through aisle. Ledgestone is incorporated along the entire bottom portion of the building wall. Varying colors,and painted columns are also proposed on this side of the building. Retail 1 (located at the northeast corner of DU 1, along Barton Road, up to 5 tenant spaces) (Sheet 2.3 of Attachment 3) North: This elevation faces Barton Road, and because the entrances are oriented towards the parking area, this building elevation is the rear of the building. The building wall is articulated through the use of column projections, trellises, ledgestone base, and variation in —� colors. South: The south side of the building faces the interior of the center and is the main entrance. The building elevation depicts variation in roof and wall plane with column projections, trellises, tower treatments, stucco insets, and ledgestone veneer along the base of the building elevation and tower projections. East and West: These elevations are reverse images of each other. The elevations depict the use of ledgestone along the base of the building elevations and-projecting columns, varying colors, tower entry treatments, and trellises. The tower treatments and projecting columns add variation to the roof.line and wall planes. The Planning Commission approved the building elevations with a condition of approval which requires the 'applicant to revise the building elevations to include additional articulation and interest for Fast Food 1 and along the south wall of the Stater Bros. building. Revisions could include columns that project from the wall plane, building walls can be further articulated through wall mounted trellises, additional stucco insets, and variation to the parapet roofline. Stater Bros. representatives are aware of this condition and are already working on changes to the south building wall of the market. 9 i City Council Agenda Report Town Square Project Page 10 of 17 Sign Programs The applicant is proposing to establish a Master Development Sign Program (Attachment 4), which identifies sign design guidelines for all. signs (free standing signs, menu board signs, awning signs, and wall signs) associated , with the TSMDP, prohibited signs, and their construction and design requirements. The Master Sign Program is �a comprehensive sign program that would govern the 14 properties that make up the entire 21-acre site, and is the first commercial center of this, magnitude for which a sign program will be established. Since it is intended to be a long-term master planning document the Master Sign Program includes proposed monument signs along the extension of Commerce Way in the event that it is constructed. It also depicts proposed monument signs along the Gage,Canal in the event that a cul-de-sac street is constructed. A Sign Program for Development Unit 1,(Attachment 5), which complies with the proposed Master Development Sign Program, is also. included. The Sign Program shows that the signs have been designed to match the architectural theme of the commercial center. The BRSP provides that the Community Development Director may approve it sign that does not strictly adhere to the sign provisions of Chapter 18.80 provided that the sign is compatible with the surrounding development and is in harmony with the general aesthetics and welfare of the local area. Furthermore, it also gives the Planning Commission the authority to allow deviations from the sign ordinance to approve creative and innovative sign programs'for sign solutions under exceptional or unusual circumstances. As discussed below, the PlanninglCommission approved the Sign Programs utilizing these provisions at their July 15, 2010 meeting. These provisions have been previously utilized in other centers, such as the constructed CVS project. Both wall signs and monument signs are larger in dimensions and/or sign area. CVS monument signs measure both seven and 10 feet in height, the Potomac West center sign is 10 feet high and has 36 square feet of sign area, and the Town and Country Center has a 12-foot high sign with 36 square feet of sign area, the Mr. TV Video sign is 18 feet high with 58 square feet of sign area, and the La Tijera sign is 18 feet high with 32 square feet of sign area. In the CVS center additional wall signs were permitted to reflect the various departments (i.e. photo, pharmacy) within the store. Other options could include using a combination of single and multi-tenant provisions to allow greater flexibility on wall signs, such as treating anchor stores as single tenant facilities, and smaller restaurant and shop pads as multi-tenant facilities. Master Development Sign Program { The Master Development Sign Program proposes up to 15 freestanding signs, including the existing Miguel's Jr. sign and a.proposed freeway sign. The 15 signs take into consideration the probable extension of Commerce Way, and the possible construction of a cul-de-sac street at the Gage Canal. Page 2 of the Master Development Sign Program provides the proposed sign dimensions and sign area for the freestanding signs and Page 3 depicts their approximate ` 1( City Council Agenda Report Town Square Project Page I 1 of 17 locations sign locations. Freestanding signs: Freeway .Sign: The'Freeway sign is proposed to be 75 feet in height as allowed by the Sign Code. The applicant proposes 635.66 square feet in sign area. The Sign Code limits the sign area to 100 square feet for multiple tenant facilities. Additionally, only the design and concept of the freeway sign is being considered at this time. The sign is proposed along the I- 215. However, until such time as land owner permission is secured and the entitlements (Site and Architectural Review and Conditional Use Permit) obtained, the Freeway sign cannot be installed. Primary and Major Tenant Identification Sign: There are two types of these signs proposed. They measure 25 feet in height, 10 feet wide, and 70 square feet in sign area. One is proposed along Michigan Street, the other along Barton Road, as shown on Page 3. Secondary and Minor Tenant Identification Sign: Up to 11 of these signs are proposed. The proposed signs would measure up to 8 feet in height, with up to 45 square feet in sign area. There are three different styles shown on Pages, 13, 14, and 15, and their proposed locations shown on Page 3 of the Master Sign Program. BRSP and Sign Code: The BRSP' states that all signs must adhere to the sign regulations contained in Chapter 18.80 of the Zoning Code, except that monument signs shall not exceed 24 square feet in sign area and shall not exceed a height above 6 feet. Chapter 18.80 outlining the sign regulations for C-2 commercial districts, for both single and multi-tenant facilities is included in Attachment 6. The Sign Code allows a combination of freeway and monument signs to be used; however, it limits the total number to a maximum of three signs per parcel. The Sign Code also allows more sign area than that of the BRSP. It allows between 24 to 36 square feet of sign_area for properties with 100 to 150 feet of street frontage (not corner lots), up to 8 feet high with up to 4 sign panels for tenants. For properties with frontage of 300 feet or more, the sign area can be between 36 to 60 square feet of sign area, with a height of 8 feet and with up to 8'tenants advertised on the sign. There are no specific provisions in the BRSP or Zoning Code for properties with street frontage between 150 and 300 feet. This may be an oversight. The Sign Code also allows one monument sign per street frontage. Based on the existing number of parcels (14) and the existing lot configuration, the 21-acre site would qualify for 16 freestanding signs at 24 square feet each for a total square footage of 384 square feet. With the proposed tentative map there would still be 14 parcels; however, based on the configuration of the parcels the 21-acre site would qualify for up to 18 freestanding signs at 24 square feet each for a total of 432 square feet of sign area. SANBAG and Caltrans estimate that the Barton Road/I-215 Interchange Project will he constructed in the future; therefore, it is likely that the Commerce Way extension will be 11 i City Council Agenda Report Town Square Project Page 12 of 17 G constructed. It is less likely that a public cul-de-sac street will be constructed at the Gage Canal. Therefore, for purposes of this analysis, staff is not considering the two ;freestanding signs that are shown along the Gage Canal on Page 3 of'the Master Sign Program. With the extension of Commerce Way and the closure of the north portion of'Michigan Street the Project would still qualify for up to 18 freestanding signs at 24 square feet each for a total of 1432 square feet of sign area. 4 As shown on Page 3 of the Master Sign Program, the applicant is proposing the development of up to 12 onsite freestanding signs (excluding those.along the Gage Canal and including Miguel's Jr.). The number of onsite freestanding signs would be permitted; the proposed cumulative sign, area for the 12 signs is 519 square feet, 87 square feet over the allowable sign area. Additionally, the onsite freestanding signs exceed the height limit of the BRSP. Attachment 7 provides a rendering of the signage that would be visible along Barton Road if each parcel constructed a sign, and that of the signage that would be visible under the proposed sign program. The applicant also submitted photographs of other primary identification signs constructed for other commercial: project sites, which are also included in Attachment 7. It would be more desirable to allow more sign area with less monument signs, in order to reduce sign clutter. Further, the Sign Code allows sign heights of up to 8 feet where 300 lineal feet of street frontage is provided. Although each Development.Unit is and/or will likely be made up of separate parcel, each Development Unit functions as one part of the TSMDP. In that regard, many of_the Development Units, such as Development Unit 1 will have,more than 300 feet of f lineal street frontage, which would render an eight foot high sign permissible. The two primary identification signs are twenty feet high, reduced from 25 feet. With regard to the Freeway Sign, this sign meets the height limitation of 75 feet; however, the maximum permitted sign area,is J00 square feet and 635.66 square feet is proposed. Attachment 8 contains a rendering of the proposed freeway sign in relation to a free i ay sign that meets the sign area limitations, and a rendering a photo simulation of the freeway sign. The photo simulation is not to scale; but it provides some perspective. Also included are photographs of existing freeway signs, one in the City the other just outside the city li iits. The applicant is seeking conceptual approval of the freeway sign. The requisite sign applications will be submitted once a site is secured, which is expected to occur once the final design alternative is selected for the Barton Road/I-215 Interchange. Walls Signs: Anchor Tenant Wall Signs: Page 5 of the Sign Program indicates that both main and ancillary signs are proposed for Anchor tenants. Up to 400 square feet in sign area is proposed and ,�ign/letter heights may not exceed 4 feet in height, and logos cannot exceed I 5 feet in height. Major Tenant Wall Signs: Page 5 indicates that both main and ancillary signs are proposed i I 1� City Council Agenda Report Town Square Project Page 13 of 17 for Major Tenants. Up to 300 square feet in sign area is proposed and sign/letter heights may not exceed 2.5 feet in height, and logos cannot exceed 3 feet in height. Shop Tenant Wall Signs: The Master Sign Program proposes to allow shop tenants up to 200 square feet of sign area for both main and ancillary signs. Sign/letter heights may not exceed 2 feet and logos cannot exceed 2.5 feet in height. (Page 5) Pad Tenant Wall Signs: The Master Sign Program (Page 5) proposes,to allow shop tenants u to 200 s feet of sin area for both main and ancillary P square q g y signs. Sign/letter heights may not exceed 2 feet and logos cannot exceed 4 feet in height. Sign Code: The Sign Code allows one wall sign per building and per street frontage, up to three signs for single tenant facilities, with one square foot of sign area for each lineal foot not to exceed 100 square feet, and the sign cannot be higher than 20 feet from the grade. For multiple tenant facilities one sign per building per street or parking lot frontage is permitted with a. maximum of two signs, with one square foot of sign area per lineal foot not to exceed 75 square feet, and the sign cannot exceed a height of 20 feet from the grade. In both instances, a combination of wall, identification (monument) and freeway signs not to exceed three signs are permitted. Additionally, the allowable aggregate area for wall signs includes the area of window signs. In consideration of the size and scale of the commercial center the Planning Commission found the request for more than three signs (wall, identification and freeway signs), additional tenant sign panels, and increased sign area and height to support the Project reasonable, and approve the proposed Master Development Sign Program and Sign Program 1. Their approval included a condition to reduce the sign area for the proposed Freeway Sign from 635.66 to 497 square feet; and a prohibition on lighted signs on the south side of buildings,located 100 feet from the south property line. Sign Program—Development Unit-1 (Attachment 5) The proposed Sign Program for Development Unit 1 is consistent with that proposed in the. Master Development Sign Program.- As shown on the site plan on Page 7a, seven freestanding signs are proposed-within Development Unit 1, with the extension of Commerce Way. Page 7 also shows the proposed wall sign locations for each building. For each multi-tenant building the plans shows the maximum number of signs that are proposed to be installed. Typically when a tenant takes up two spaces, then the two spaces are treated as one space and the signage would follow as,well. As discussed above, the Planning Commission approved Sign Program — Development Unit I. The Final Sign Program for Development Unit 1, and all subsequent Development Units., must be consistent with the Master Development Sign Program. 13 ii City Council Agenda Report Town Square Project Page 14 of 17 Preliminary Grading Plan A preliminary grading plan is provided as Sheets C-1 through C-4 of Attachment 3, and depicts the grading that will occur to support Development Unit 1. Due to grade changes a retaining wall of varying height is proposed along the south property line. A 6-foot screen wall is then proposed on top of the retaining wall. This screen wall, in addition to the loading screen wall, will assist in sound attenuation. The grade of the commercial center will be lower than La Paix Street and existing residential area. At its lowest point, the shopping center will be 14 feet lower than the street side, meaning the retaining wall will be 14 feet high at its highest point (on the commercial side). However, on the La Paix side, the wall height will be consistently maintained at six feet. A retaining wall is also proposed adjacent to the existing single family residence fronting on Barton Road to support the retail pad shown as Retail 1. The retaining wall height is proposed to vary between 3 feet and 8 feet with the 6 foot screen wall on top. Cross-sections of the site are shown on Sheets A0.1 and C-4 of Attachment 3. Tentative Parcel Map 08-01 With the submittal of the tentative parcel map (Sheets 1 through 3, last sheets of Attachment 3) the applicant is proposing to re-organize seven existing lots into seven new parcels. The boundaries of the Tentative Parcel Map encompass Development. Units; 1, 2, and a portion of Development Unit 4. The parcels that contain Miguel's Jr., Autozone center, and the automotive use are not included in the Tentative Parcel Map. Although some of the proposed lots seem oddly configured, this configuration is typical of large commercial projects where larger tenants want their own parcel and/or require that the parcel have its own access points. The BRSP does not contain lot standards. Rather, to encourage lot assembly conducive to development of commercial centers, it requires that lot assembly should provide for a minimum of 300 feet of street frontage under single ownership. Where this is not met, provisions should be made for shared access points. Although the tentative parcel maps shows that there is over 700 feet of street frontage along Barton Road and nearly 450 feet of street frontage along Michigan Street, each proposed lot does not have the minimum street frontage. However, shared access points are provided and shared access and parking agreements will be required. In addition, dedication and improvement of public right of way along Michigan Street will be required, as part of the conditions of approval. The Planning Commission recommended approval of Tentative Parcel Map 08-01 and a City Council Resolution f Approval is attached (Attachment 9). 1� City Council Agenda Report Town Square Project Page 15 of 17 ENVIRONMENTAL REVIEW: Staff contracted with LSA Associates, Inc., an environmental consulting firm, for the preparation of Environmental Impact Report, in accordance with the California Environmental Quality Act (CEQA). An environmental Initial Study was prepared and circulated with the Notice of Preparation (NOP) and an EIR prepared for the project. These documents were circulated for 30 days from July 2, 2008 to August 4, 2008, and redistributed on January 30, 2009, for a 30-day review period ending on March 2, 2009, due to changes in the proposed project. The NOP identified that the proposed project may produce environmental effects associated with air quality, cultural resources, noise, and transportation, and that the EIR would include an analysis of these topics. A public scoping meeting was held during each NOP comment period to solicit public comment as to the scope of the EIR. A summary of the scoping meeting and copies of the NOP comment letters are included in the Draft EIR. The Draft EIR was made available for public review and comment for a period of 45-days from April 30, 2009 to June 15, 2009. As identified in the Notice of Availability of the Draft EIR, the Draft EIR discussed the proposed Project's, impacts associated with air quality, cultural resources, noise, and transportation/traffic. Responses to Comments were made available prior to the public hearing. _ A Final EIR was prepared for the Project and is included as Attachment 10:, The FEIR includes the Comment Letters, Responses to Comments, Revisions to the Draft EIR, and the Mitigation Monitoring and Reporting Plan. CEQA requires Responses to Comments to be provided to the agencies/persons that commented on the Draft EIR a minimum of 10 days prior to certifying the EIR. This requirement will be met prior City Council certification of the EIR. The Final Environmental Impact report concluded that all significant effects of the proposed project have been reduced to less than significant levels with implementation of mitigation measures with the exception of long-term operational air emissions and long-term stationary (on- site energy consumption) and mobile (vehicular traffic) sources (including greenhouse gas emissions) that would contribute to cumulative regional criteria pollutant emissions,-(air quality): Additionally, Year 2030 intersection levels of service for the intersection of Mount Vernon Avenue/Barton Road (due to existing right-of-way and existing buildings) and freeway segment levels-of service cannot be mitigated to a less than significant level. When impacts are identified that cannot be mitigated to less than significant levels, the lead agency may consider the economic, legal, social or other benefits of the project against its unavoidable environmental impacts. The lead agency may determine that the benefits outweigh the unavoidable impact and that the unavoidable impact is acceptable. In doing so, the lead agency adopts a Statement of Overriding Considerations. City Council Resolution certifying the EIR and adopting a Statement of Overriding 15 City Council Agenda Report Town Square Project Page 16 of 17 Considerations is attached, as Attachment 11. FINDINGS/RESOLUTION OF APPROVAL Applications PC Action CC Action Site and Architectural Review 07- Planning Commission adopts Council considers the 12/TSMDP, Site and resolution approving Commission's approval Architectural Review 07-07, applications, contingent on with the Final EIR Master Development Sign certification of Final EIR Program 09-01and Sign Program —Development Unit 1 (Attachment 12) Tentative Parcel Map 08-01 Planning Commission Adopts resolution (Attachment 9) recommends Council adoption approving tentative of Resolution parcel map Environmental Review 07-06 Planning Commission Adopts resolution (Attachment 11) recommends Council adoption certifying the Final EIR of Resolution and adopting a Statement of Overriding Considerations Resolutions effecting the approval of the applications noted above, along with the requisite findings, are attached for the Council's adoption. FISCAL IMPACT: Adoption of the attached Resolutions will not create a fiscal impact. Request for any financial - assistance would be subject to separate action. Prepared by, Sandra Molina Senior Planner 1E City Council Agenda Report Town Square Project Page 17 of 17 Respectfully submitted, 5)� J yce Powers Director of Community and Economic Development Manager Approval: Betsy- . Ada ns City Manager Attachments: 1. Town Square Master Development Plan (provided on July 14, 2010) 2. Bonus Incentive Worksheet 3. Full size and reduced size Project Plans (provided on July 14, 2010) 4. Master Development Sign Program (provided on July 14, 2010) 5. Development Unit 1 Sign Program(provided on July 14, 2010) 6. C-2 Sign Requirements 7. Photo simulation of proposed Monument Signs 8. Rendering and photo simulation of proposed Freeway Sign 9. City Council Resolution for Tentative Parcel Map 08-01 10. Final EIR (provided on July 14, 2010) 11. Resolution certifying the Final EIR/adopting a Statement of Overriding Considerations 12. Resolution approving SA 07-12/TSMDP, SA 07-07, Master Development Sign Program 09-01, and Development Unit I Sign Program 17 Attachment 1 Town Square Master Development Plan Previously provided on July 14, 2010 1� Attachment 2 Bonus Incentive Worksheet t ; 19 i i Bonus Incentive Points Town Square Master Development Plan and Development Unit 1 Page 1 of 2 f The following methodology allocates Bonus Incentive Points to each element of the Project which either falls into a specific category established by the Barton Road,ISpecific Plan for such allocation (e.g., lot consolidation, reciprocal access and reduced access points, integrated design and architecture), or as proposed by the Development where the Project exceed the Barton Road Specific Plan standards within a particular phase (e.g., enhanced landscaping, pedestrian amenities, enhanced design detail). i Bonus Incentive Points for Master Development Plan(all phases) i Points Allocation Proposed Recommended Consolidated lots into single master plan(Master Plan Area 1 of Planning Area 1 of the BRSP) in a single integrated Plan 20 20 Reciprocal Access and reduced access points 10 10 Reciprocal parking for access within phased development 10 10 Master design and integrated style 110 5 Master sign program/integrated style/consolidated face/reduced number 110 5 Total Bonus Points/All Phases �60 50 I Bonus Incentives Points for Phase 1 (Development Units 1 & 2 Points Allocation E Provision of public or semi public pedestrian open space 5 5 Covered trellis with landscaping and pedestrian walkway(enhanced focal point) 5 5 Scored pattern/decorative sidewalks at store fronts j 5 5 Enhanced landscaping in parking lot areas 4 5 5• Total Bonus Points/Phase 1 20 20 Total Bonus Points TSMDP + Phase 1 C 80 70 Based on the points allocation set forth above, the entire project is entitled to 70 Bonus Incentive Points,50 of which attach to the Master Development Plan as a whole, and 20 of which are accrued within Phase 1. I I i 2C Bonus Incentive Points Town Square Master Development Plan and Development Unit 1 Page 2 of 2 Project features which exceed City standards and for which Incentive Bonuses are requested in the form of reduced standards: Proposed Recommended Increased building (tower)height for Stater Bros. Market Off-setting consideration: Tower is not occupied space, and adds -3 -3 articulation of building surfaces, distinguishes anchor Stater Bros. and adjacent parking lot lighting height Off-setting consideration: Tenant height requirement, redesign to mitigate with City-standard lights along perimeter; design avoids -5 -7 "hot-spots" in parking fields and reduces number of lighting elements in parking fields Queuing at Driveway No. 1: Allow one vehicle (20 feet) queuing, -3 -5 add signage"No stopping or standing; direct to alternate access" Total Bonus Points Deducted -11 -15 Balance of Bonus Points Remaining 69 55 Future Phases: Under the Barton Road Specific Plan and this methodology, the Developer may seek,and receive additional Bonus Points in connection with development of future phases. The allocation and use of Bonus Points will be approved pursuant to Site and Architectural Review. 21 Attachment 3 Reduced-size Project Plans Previously provided on July 14, 2010 22 Attachment 4 Master Development Sign Program Previously provided on July 14, 2010 23 Attachment 6 C-2 Sign Requirements 25 N Table 18.004000 n w SIGN piMM IITION BY ZONING DISTRICT a C2 and CN Districts - Single-Tenant facilities N Nazimtma Yazimnm Nazimam n Class Type Number Sign Area sign Height Location m Business Wall or one single one s.f. of May not project May be located - --- rn------ -----identification-------canopy--- -faced-sign—--aign-area above-the - —____—on_parapet`or—_-____-__--- _ 1� per bldg. per per each roofline or save canopy. 10 street front- lineal foot line and in no -- age. Max. 3 of bldg. on case be higher signs per a street. than 20 ft. from business. 100 s.f. finish grade. max, sign area. Monument one double 24 s.f. 6 ft. above grade Must not create Ln faced sign or 4 ft. above a traffic °D per street top of planter or hazard at 0 frontage. landscape berm. corners or driveways as determined by the City Engineer. Freeway one double 75 s.f. 50 ft. Shall be faced sign located at per lot. least 5 ft. from property line. i az and Cm Districts - Single Tenant taoilities (Cont.) maximum maximum maximum Class Tvoe ltumber sign Area Sian Beight Location Window - one sign per 25* of the - window permanent. window. glass area lettering upon which permitted on the sign is interior or located. exterior of glass window or door. Remarks: a. Additional regulations for wall signs: 1) The allowable aggregate area for a wall sign shall include areas of allowed window signs. Ln OD Z) Illumination shall be reverse backlit, channel lit or indirectly illuminated. 3) A combination of wall, monument and freeway signs may be used, however the total number of such signs shall not exceed three (3) . b. Additional regulations for window signs: n 1) The allowable aggregate area for a window sign Q. shall include areas of allowed wall signs. H 1) window signs shall be constructed of permanent material, such as paint or decals (does not w include water-based paints) and shall be permanently affixed to the window. J F� J w N A. C2 and CM Districts - Single Tenant Facilities (cont.) y Maximum maximum Maximus Class litan 71rea sign BeiQht Eacation h a m 3) Window signs shall not be illuminated except for signs constructed of neon tube letters and/or symbols. ko -- C. Additional requirements for monument signs: 1) Site must have a minimum street frontage of 100 feet. 2) A planter base or landscape area shall be provided. Ln 3) Sign may be located in setback area, but may not CO project into public right-of-way. 4) A combination of wall, monument and freeway signs may be used, however the total number of such signs shall not exceed three (3) . d. Additional regulations for freeway signs: L) Site and architectural review and a conditional use permit shall be required for any freeway sign. 2) A freeway sign shall only be permitted within 250 feet of the right-of-way for Interstate 215. 3) A landscape area shall be provided. 4) Sign may be located in setback area, but may not project into public right-of-way. 1 J CZ and cm District■ - single-Tenant facilities (Coat.) Class Type MaZIMIM Number Yazi=zm lLazimum Sign Area Sign Height Location 5) A combination of wall, monument and freeway signs may be used; however, the total number of such signs shall not exceed three. 6) Sign copy may only identify the on-site tenant. Temporary Window No limit. 20% of the Shall not exceed Ground floor window area. 8 ft. above windows only. finish grade. Banner One per 25 s.f. Shall not extend Shall be business. above roofline or attached only eaveline. to the building Ln to which it co relates and not w to any sign, freestanding or otherwise. Remarks: Additional regulations for temporary signs: a. Temporary signs are limited to temporary messages such as sales or special events. No business identifica- tion is permitted, except when new businesses -are W awaiting construction of permanent new or replacement 0 signs, by temporarily announcing arrival of new busi- nesses. H (D b. A sign permit is required for a temporary sign which hmay be displayed for no more than 45 days within any W 90-day period, not to exceed. a total of 120 days out 0 of the calendar year. rn d M, CZ and CK Districts - Bingle-Tenant facilities (cont.) p, Y Class Type Number sign a sign Haight Location y M c. Any minor deviation from the temporary sign guidelines W for banners regarding location, height, size or number n to be determined by the community development direc- N tor. Ch_--�—� - — - - ----- - -� d.-Al-lowJadvertieirig balloons (helium and�►ot r)during { 1° two weeks during the year to coincide with the Grand Terrace Day Parade and Tour De Terrace. Advertising balloons must be securely anchored to building struc- tures and in conformance with the Public Utilities Code in terms of height. Hot air balloons shall not be used for passenger riding. Code enforcement shall start after the events are over for any remaining spe- cial event items. to OD ( � - 1 m Table 19.80.000 BIGN RZOUTATION BY ZONING DIBTRICT C2 and C8 Districts - multiple Tenant Facilities Nazimum Nazimum Nazimum Class Type- Number Sign Area sign Height Location Center Monument One double a.l) 8 ft. above grade Shall be locat- identification face per each or 4 ft. above ed at least 5 street top of planter or ft. from the frontage. landscape berm. property line. Freeway One. double- 100 s.f. 75 ft. Shall be locat- faced sign ed at least 5 per center/ ft. from the development. property line. Remarks: a. Additional regulations for monument. signs: L 1) 24 sq. ft. to 60 sq. ft. if 300' or greater of front- Ln age to maximum of 8 tenants, maximum 8' height, mini- mum 8" letters on 8 panels and 4 lines. 24 ,sq. -ft. to 36 sq. ft. -- 100' to 150', not corner lot, to maximum of 4 tenants, maximum 8' height, mini- mum 6" letters, ideal: 8" on 4 lines. 2) A planter base or landscape area shall be provided. W3) Sign may be located in setback area, but may not a project into public right-of-way. q 4) A combination of monument and freeway signs may be M used; however, the total number of such signs shall M not exceed three. a M5) Sign copy may identify center ,and up to 8 tenants rn under certain circumstances. . ►P I V M l .. C2 and CM Districts - Multiple Tenant Facilities (font.) n Mazim ul, Nazimum Nazi== aClass Type limber sign Area sign Height Location Mb. Additional regulations for freeway signs: 1) Site and architectural review and a conditional use permit shall be required for any freeway sign. 2) A freeway sign shall only -be permitted -LL-- —� J-- — of-the right-of-way for Interstate 215. �o 3) A landscape area shall be provided. 4) Sign may be located in setback area, but may not project into public right-of-way. 5) A combination of monument and freeway signs may be used; however, the total number of such signs shall u,OD not exceed three. rn 6) Sign copy may only identify center and maximum 8 tenants, under certain criteria. Business Wall or- One single One s.f. of May not project May be located identification canopy face per sign area above the on parapet or bldg. per per each roofline or canopy. street or lineal ft. eaveline and in parking lot or bldg. no case be higher frontage. fronting on than 20 ft. above Max. 2 signs a street. finished grade. per business. Not to ex- ceed 75 s.f. Monument One double- 24 s.f. per. 6 ft. above grade Shall be faced sign. face. or 4 ft. above located at top of planter or least 5 ft. landscape mound. from property lines. M C2 and CM Districts - Multiple Tenant Facilities (Cont.) Class Mazimum ape Mum Mazimum Masimoum, Sign Area sign Height Location Marquee One double- 6 s.f. per, --- Shall be locat- faced sign face. ed below per entrance, rbofline .and beneath canopy or marquee with at least 7 ft. clearance from sidewalk level to lowest point of sign. Window-- One sign per 25% of the --- permanent. window. Window letter- ing permitted upon which on interior or O the sign is exterior of OD located. glass window or door. Remarks: a. Additional regulations for wall or canopy signs: 1) A1'1 centers shall develop -a coordinated sign program for all tenants and uses which shall be approved by site and 'architectural review board. n2) The allowable aggregate area for a wall or canopy sign shall include areas of allowed window signs. p' 3) Illumination shall be reverse-backlit, channel lit or indirectly illuminated. - W4) A combination, of wall or canopy and monument signs may n be used; however, the total number of such signs shall M not exceed three. rn v M C2 and CK Districts - IIultiple Tinant Facilities (Cont.) L] Class Mazimnm mazimnm mazimum a 1'YPe Humber Sign Area sign Height Location Mb. Additional regulations for window signs: 1) The allowable aggregate area for a window sign shall include areas of allowed wall signs. M rn _ 2) Window signs_ shall be constructed of permanent_water-i------- ---- ----- - --- —�-- - - ----,--— -- - ----- --— --�l such as pai nt or decals (does not include water- to ,p based paints) and shall be permanently affixed to the window. 3) Window signs shall not be illuminated, except for signs constructed of neon tube letters and/or symbols. C. Additional regulations for marquee signs: � 1) Marquee signs shall not be illuminated and shall be 0o uniform in color and design for all tenant identifica- tion within the center. d. Additional requirements for monument signs: 1) Business must be in a detached structure of not less ,than 5,000 s.f. 2) A planter base or landscape area shall be provided. 3) Sign may be located in setback area, but may not pro- ject, into public right-of-way. 4) A combination of wall or canopy and monument signs may be used; however, the total number of such signs shall not exceed three. Temporary Window No limit. 20% of the Shall not exceed Ground floor window area. 8 ft. above windows only. finish grade. r Ln CZ and CM Districts - Multiple Tenant Facilities (Cont.) Maximum Maximum Maximum Class Type Humber Sign Area Sign Height Location Banner One per 25 s.f. Shall not extend Shall be business. above roofline or attached only eaveline. to the building to which it relates and not to any sign, freestanding or otherwise. Remarks: Additional regulations for temporary signs: a. Temporary signs are limited to temporary messages such as sales or special events. No business identification is permitted, except when. new businesses are awaiting con- struction of permanent new or replacement signs, by tem- cn porarily of arrival of new businesses. 00 `D b. A sign permit is required for a temporary p ry sign which may be displayed for no more than 45 days within any 90-day period, not to exceed a total of 120 days out of the cal- endar year. C. Any minor deviation from the temporary sign guidelines regarding banner location, message, height, size or num- ber to be determined by the community development direc- tor. 0 p' d. Allow advertising balloons (helium and hot air) during Ntwo weeks during the year to coincide with the Grand Ter- race Day Parade and Tour De Terrace. Advertising bal- loons must be securely anchored,to building structures (a] and in conformance with the Public Utilities Code in cD terms of height. Hot air balloons shall not be used for passenger riding. Code enforcement shall start after the oN events are over for any remaining special event items. m 0 Table 10.90.060 n W SIGN REM UTION BY ZONING DISTRICT p a y CZ and CN Districts - service station Facilities M n n nClass Nazimum Nazi== Nazimom Type Number sign Area Sign Height Location Station Wall One per 10% of Shall not extend _Shall be _-______-identification ---_-- - ---- -- - street front=-building above roof line or located at �o and pricing. age, max. of face not to above 20 ft: least 5 ft. 2 signs. exceed 30 above finish from property s.f. grade. line. Monument One per 24 s.f. for Shall not exceed Shall be locat- street front- I.D. sign, 8 ft. above ed at least S - age, not to 12 s.f. for planter area or ft. from prop- exceed a- price sign. landscape berm. erty. u, total of two ko per station. 0 Remarks: a. Additional regulations for wall signs: 1) Illumination shall be reverse backlit, channel lit or indirectly illuminated. 2) A combination of wall and monument signs may be used; however, the total number of such signs shall not ex- ceed three. 3) Corporate colors are not considered signs on service station wall areas. b. Additional requirements for monument signs: 1) A planter base or landscape area shall be c2 and CM Districts - service station Facilities maximum maximum Maximum glass TieAign Area Sian eeiaht Locaticn provided. Z) Sign may be located in setback area, but may not project into public right-of-way. 4) A combination of wall and- monument signs may be used, however the total number of such signs shall not exceed three (3) . 5) The monument sign shall be designed to include the identification of the station and gasoline prices. No other price signs are allowed. L" 6) Illumination shall be reverse backlit, channel lit or indirectly illuminated. Special Service Wall or one for each Z s.f. If mounted Shall be ground. island, not on a 'wall or located at to exceed a pole of least 5 ft. total of 4 canopy, it from h per station. shall be no property higher than line. o, 8 ft. , ground signs y shall not m exceed 34 a ft. in n height. m Remarkss Special services signs shall be limited to such items as self serve, full serve, air, water, �cashier and shall not be illuminated. v � I w M a. C2 and CM Districts - Service station laoiiities q Maximum M Class ZXRa tuber Maximum Maximum giyn l►rea loan Meiaht - Location a Special Window or Z per 6 s.l. n ]advertisement ground. station. A window or Shall be m ground sign located at \ shall not least 5 !t. 10 exceed 6 ft. from in height.— property- --- -- -- ---- ---- -------- -- ---------- --r -- --- ---- ---- line. , Remarks: Special advertisement signs shall be limited to advertising special sales or services and shall not be illuminated. Ln ko N Attachment 7 Photo Simulation of Proposed Monument Signs Attachment 7 Barton Road showing 12 Monuments R3( tea.. inner Barfon Road showing 3 Monuments, 1 x 2.&monument,1 comer monument 2950 Fdk d..D._ CG�m,100DpSOn Famiy nObYlet'' Naj it,Grand Termoe iown S oars. a..�m.,: - .. - caoro,uwieeq' Q neem + r+m.�a.rtiva rarer 14199:RU0 VMS r 95,.77e.06e0 Grand.Termre,California IicY6di+�mdk�pvjmm�ogmwjn7 o..d1 er MSS*-dkrmhADx d oisolobe IF rS�.re.oaei av 2-20-64 arn4ape.oaaNyM«r�wxouh - • o®SIGN a SIGNS _. wk"►-W,iww a niSad 6 M win (� .nh4.htlfe p.im�Gaf wsrt 9ahn Barton Road GDamptual '' �. • P UE.ATE�h. r _ _ t C I� 'j •` y ��D�.r.r4I IIB. Ai sv CORNERCIFSIATESHIMANDRANNA CORNER, 4'O' CORNERI OF ARUNGTON AND 9WHOR CORNER OF SUM AVL AND SEDUSON AVE. ,,,,,,%:.*'_� � •�.,� %�s�-�•-ti . . _, . `". _ �'1�'�""`,,.:�' r'+� r -� .tom''* �_'"" "-'+��a-��,' Attachment 8 Rendering and Photo Simulation of Proposed Freeway Sign Attachment 8 Freeway Oriented Pylon Sign (FRI) QTY: ONE 1 QTY: ONE. l TOTAL SIGN AREA= 05.66 SO.FT. TOTAL SIGN AREA 98 SQ:f. X-C' r m� M ANCHOR TENANT I.D. TOWN I . _ i ANCHOR TENANT I.D. STA1`Elt = 194 SQ.FT. o !� ll ,f MAJOR TENANT I.D. fi BRAS —25 SQ.FT. MAJOR TENANT I.D. J�I ��1�1 1yJ�I,, TENANT I.D. =12b SQ.FL =32 SQ.Ff.EACH MAJOR TENANT I:D. ,. y r y DRY } MAJOR TENANT I.D. + =98 SO.FT TENANT I.D. =47.83 SO.FT.EACH i 0 0 m SCALE:1/16°=14' ' ' ' 6ABB1 iE�68fE i.. OItTNAlIt� Fieeway Orient6d Pylon Sign ,. 't�NlNFtQpY - ti KID]1 H®.�1 S� t - c `kq•i 6. ' S t 1 r ' r� i r i 1 (�p'ERlI l i � ;��l1tr • 4 � r 1 r' Erg���,=y - -- • ' + � r RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING TENTATIVE PARCEL MAP 08-01 (TENTATIVE PARCEL MAP NO. 17787) TO CONSOLIDATE SEVEN LOTS AND RESUBDIVIDE THEM INTO SEVEN NEW ;PARCELS LOCATED ON THE SOUTH SIDE OF BARTON ROAD AND THE EAST SIDE OF MICHIGAN STREET, ZONED BRSP-GENERAL COMMERCIAL WHEREAS, Grand Terrace Jacobsen Family Holdings I, LLC ("Subdivider"), represented by Douglas Jacobsen, has submitted applications to the City of Grand Terrace ("City") to establish the Grand Terrace Town Square Master Development ("TSMDP") on approximately 21 acres of land located within Planning Area 1 of the Barton Road Specific Plan (`BRSP") (the "Project"). The Project site is zoned BRSP-General Commercial, and is located on the south side of Barton Road between Michigan Street and the Gage Canal. WHEREAS, the TSMDP proposes to be developed in five Development Units that correspond to five development phases: Development Unit 1 is proposed on 7.5 acres consisting of 65,737 square feet; Development Unit 2 is proposed on 4.5 acres with a maximum buildable area of 58,858 square feet; Development Unit 3 is proposed on 5.0 acres with a maximum buildable area of 33,977 square feet; Development Unit 4 is proposed on 2.0 acres with a maximum buildable area of 20,700 square feet; and Development Unit 5 is proposed on 2.0 acres with a maximum building area of 20,177 square feet. WHEREAS, the Subdivider has submitted Site and Architectural Review 07-12 consisting of the TSMDP, Master Sign Program 09-01 for the TSMDP, Site and Architectural Review 07-07 for the development of Development Unit 1, together with Tentative Parcel Map 08-01 (TPM No. 17787), and a draft Development Agreement to govern the development of the TSMDP. WHEREAS, the Subdivider has applied for approval of Tentative Parcel Map 08-01 (TPM No. 17787), which applies to approximately 12.5 acres of the approximately 21-acre TSMDP area,and contemplates the resubdivision-of seven existing parcels into seven new lots. The boundaries of the tentative parcel map encompass Development Units 1, 2, and a portion of Development Unit 4 of the TSMDP. WHEREAS, pursuant to California Environmental Quality Act '("CEQA") Guidelines, 14 Cal. Code of Regulations Sections 15080 et seq., the environmental assessment of the proposed Project made under Environmental Review Case No 07-06 required the preparation of an Environmental Impact Report ("EIR"), focusing in the areas of Noise, Air Quality, Cultural Resources and Traffic/Transportation. i WHEREAS, a Notice of Preparation (`NOP") and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and Page 1 of 8 48 organizations on July 3, 2008, for a period of 30 days, concluding on August 4, 2008, pursuant to CEQA Guidelines Sections 15082(a), 15103 and 15375, and which were subsequently revised and re-distributed to numerous state, federal, and local agencies and organizations on January 30, 2009, for a period of 30 days, concluding on March 2, 2009, in accordance with CEQA Guidelines Sections 15082(a), 15103 and 15375. WHEREAS, public scoping meetings were held on July 15, 2008, and on February 17, 2009, at the City of Grand Terrace Council Chambers and input from the public providing direction and scope of the EIR was received and has been included in the Final EIR. _ WHEREAS, a Draft EIR was prepared, under contract with the City of Grand Terrace, by LSA Associates, LLC, for the purpose of complying with the provisions of CEQA. All potentially significant adverse environmental impacts were sufficiently analyzed in the Draft EIR. The Draft EIR was circulated to interested agencies and the public between April 30, 2009 and June 15, 2009, for a 45-day comment period pursuant to State CEQA Guidelines Section 15078. Pursuant to Public Resources Code Section 21092, the City provided notice to all organizations and individuals, and published the Notice of Availability in The San Bernardino County Sun newspaper on April 30, 2009. WHEREAS, the Final EIR was distributed to all persons and agencies that commented on the Draft EIR, in accordance with Public Resources Code Section 21092.5. The Final EIR included responses to the thirty-one comment letters were prepared and are included in the Final EIR, in accordance with State CEQA Guidelines Section 15088. Notice of the availability of the Final EIR was published in the San Bernardino County Sun newspaper on July 5, 2010. Copies of the Draft EIR and Final EIR are on file in the office of the City of Grand Terrace Community and Economic Development Department. WHEREAS, on July 15, 2010, the Planning Commission conducted a duly noticed public hearing on Site and Architectural Review 07-12 consisting of the TSMDP,.Master Sign Program 09-01 for the TSMDP, Site and Architectural Review 07-07 and Sign Program — Development Unit 1, Tentative Parcel Map 08-01 (TPM No. 17787), and Environmental Review 07-06 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing by recommending approval of Tentative Parcel Map,, 08_-01 (Tentative Parcel Map No. '17787); ` WHEREAS, on July 27, 2010 the City Council conducted a duly noticed public hearing on Site and Architectural Review 07-12 consisting of the TSMDP, Master Sign Program 09-01 for the TSMDP Site and Architectural Review 07-07 and Sign Program _ Development Unit 1, Tentative Parcel Map 08-01 (TPM No. 17787), and Environmental Review 07-06 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. Page 2 of 8 49 NOW THEREFORE, BE IT RESOLVED by the City Council,of the City of Grand Terrace: 1. The City Council finds that the requirements of CEQA have been met by the preparation and certification of the FEIR prepared for the Project as set forth in the Environmental Findings of Fact and Statement of Overriding Considerations adopted by the City Council on July 27, 2010. 2. The City Council finds as follows with respect Tentative Parcel Map 08-01 (TPM No. 17787): a. That the proposed map, its design and improvements are consistent with the Grand Terrace General Plan, Barton Road Specific 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. The proposed map implements Land Use Element goals and polices to provide a wide range of retail, service commercial, and employment'opportunities because it facilitates the development of a commercial retail center. It is consistent with the Circulation Element requiring preparation of a traffic analysis and that that peak hour level of service "D" is maintained. 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. b. That the site is physically suitable for the type or density,of development. The tentative map has been filed with the TSMDP and related applications. The site plan for Development Unit 1 demonstrates that the tentative map can support Phase 1 development, including compliance with building'setbacks, building and landscaping coverage requirements, in accordance with the TSMDP, BRSP and Development Code, and proposed lots within other Development Units are of sufficient size to support subsequent development. C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Final EIR has been prepared for the project. No significant fish or wildlife resources were observed on the site. The Final EIR determined that significant impacts related to air quality, traffic, and cultural resources could be mitigated to less than significant levels except for long-term operational air emissions and long-term stationary (on-site energy consumption) and mobile (vehicular traffic) sources, including greenhouse gas emissions that would contribute to cumulative regional criteria pollutant -emissions (air quality) and Year 2030 intersection levels of service for the intersection of Mount Vernon Avenue/Barton Road and freeway segment levels of service cannot be mitigated to a less than significant level. These cumulative impacts remain significant and unavoidable and a Statement of Overriding Considerations has been adopted. Page 3 of 8 5C d. That the design of the subdivision or type of improvements will not cause serious public health problems. The tentative map 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. e. That the design of the subdivision or the type of improvement will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. This finding can be made because no conflicting easements exist on the property that cannot be accommodated in the Project design. f. The discharge of waste resulting from the Project into the existing sewer system will not result in a violation of existing requirements prescribed by the California Regional Water Quality Control Board, Santa Ana Region because the Project is connected to the public sanitary sewer system, which is treated by a regional waste water facility. g. The design of the map 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 westerly exposures for maximum 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. BE IT FURTHER RESOLVED THAT Tentative Parcel Map No. 08-01 (TPM No. 17787) is hereby approved subject to the following conditions: General Conditions of Approval: 1. Tentative Parcel Map 08-01 (TPM No. 17787) is approved based on the application and application materials submitted by Grand Terrace Jacobsen Family Holdings I, LLC ("Subdivider"), including the tentative parcel map dated March 19, 2009. 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 pursuant to Government Code Section 66452.6, upon submittal of a time extension request and appropriate filing fees. 3. The Subdivider shall defend, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, and indemnify, and hold harmless the City and its officers, employees, and agents from and against any claim, action, or Page 4of8 51 proceeding against the City, its officers, employees, or agents to4attack, set aside, void, or annul any approval or condition of approval of the City concerning this subdivision approval, including but not limited to any approval or condition of approval of the Planning Commission, City Council, Community and Economic;Development Director or City Engineer, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the Subdivider of any claim, action, or proceeding concerning this subdivision approval and the City shall cooperate fully in the defense of the claim, action or proceeding., 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 any such claim, action orproceeding. 4. Details shown on the tentative parcel map are not necessarily approved and any and all details in the final map must be consistent with requirements of state and local ordinances, conditions of approval, and City policies, in effect at the time the subdivision application was accepted as complete. 5. In the event that TPM No. 17787 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 Subdivider must sign and return an "Acceptance of Conditions'' form. The form and content shall be prepared by the Community and Economic Development Department. 7. The Subdivider shall comply with the Conditions of Approval of the Director of Building and Safety/Public Works, contained in the Director's memorandum dated July 6, 2010, attached hereto as Exhibit 1. 8. The Subdivider shall comply with the Conditions of Approval 'of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, set forth in the letter dated August 14, 2008, attached hereto as Exhibit 2. 9. The Subdivider shall comply with the Mitigation Measure Monitoring Plan contained in the FEIR certified for the Project. i Conditions of 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 approved by the City prior to being filed with the San Bernardino County Recorder. 12. The Subdivider shall submit a preliminary title report and Fsubdivision guarantee showing all fee interest holders, all interest holders whose interest could ripen into a fee, Page 5 of 8 5� 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 Subdivider shall incorporate into the Project design all existing easements within the project boundaries. In the case where easements are proposed to be abandoned, the Subdivider 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, and detention basins, and landscaping. 15. The Subdivider shall pay all required fees for the processing and approval of the final parcel map. 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 and 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 shall also be filed with the City Engineer, a statement from the water purveyor indicating Subdivider compliance with the Fire Department's fire flow requirements. 19. Improvement plans for utility connections and services, including water, fire hydrant and/or fire sprinklers,,sewer, storm drain, gas, electric, phone, and television, shall be submitted to and approved by the City 20. Access rights 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 shall be provided on the final map. 21. An easement over the parcels within TPM No. 17787 for reciprocal drainage, access, sewer, and parking crossing lot lines. Prior to recordation, easement documents shall be Page 6of8 53 I I submitted to the City Engineer for review and approval shall be provided on the final map I 22. The Subdivider 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 shared access and parking within and between Development Units 1, 2 and 4 and 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 Parcel Map. Conditions After Final Map Approval: i 23. The final map shall be filed with the San Bernardino County recorder and one (1) Mylar copy of the filed map shall be submitted to the City offices. 24. The Project shall be constructed in accordance with all the i approved plans and conditions of approval, including but not limited to site plans, gr'ding plans, wall plans, and building elevations. 25. 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. j 26. 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. i 27. The Subdivider shall pay all applicable development impact fees in effect at the time that building permits are issued by the City. 28. Corner monuments indicating the new property corners shall be Iset 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. -- F • f i I f f I i Page 7of8 5A PASSED AND APPROVED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 27`h day of July, 2010. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof and of the City Council thereof Page 8 of 8 55 I i Building and Safety/Public Works Department Conditions of Approval f Date: July 6,2010 i Applicant: Grand Terrace Jacobsen Family Holdings, I, LLC Project: Town Square Master Development Plan and TPM 17787, Site and Architectural Review No. 07-07. ' W.O.# 12-8.5459 j Public Works/Enzineerinz First Plan Review for Tentative Parcel Man Abarova! The following documents are required to be submitted to Public Works Department and are in addition to the plans submitted to the Planning Department. f (1) Grant Deed showing all recorded easements. f (4) Water/Utility Plans. (4) Sewer Plans or connections to existing sewer. (4) Storm drain/drainage improvement plans. (4) Dedication of right-of-way for Michigan Street indicated on TPM 1 787. (4) Street improvement plans, Michigan Street and Barton Road. (4) TPM 17787. Building and Safety Submittals for Plan Review and Issuance of Building Permits I The following documents were received and determined to be complete Ifor the purpose of plan review submittals: Items (1-11) have been submitted for plan review of the proposed Stater Brothers Market. The remaining items (12-16) have been submitted by NAIAssociates. l 1. (4) Architectural Plans, 2. (4) Structural Plans, 3. (2) Structural_Calculations, 4. (4) Plot/Site Plans, 5. (4) Electrical Plans, 6. (4) Electrical Load Calculations 7. (4) Plumbing Plans/Isometrics, Water, Sewer and Gas 8. (4) Mechanical Plans 9. (4) Mechanical Duct Layout Plans 10. (2) Roof and or Floor Truss Plans 11. (2) Title 24 Energy Calculations 12. (4) Rough Grading and Precise Grading Plans k 13. (2) Water Quality Management Plan, (WQMP) and Erosion Control Plan 14_ (2) Storm Water Pollution Prevention Plans, (SWPPP) a 15. (2) Hydrology Reports 16. (2) Soils Reports 5( Building& Safety/Public Works General Information All structures shall be designed in accordance with- the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Plumbing Code, and the 2007 California Electrical Code adopted by the State of California and the City of Grand Terrace. All work performed in the public right-of-way shall comply with San Bernardino County Public Works Standards and Specification for Construction within Public Right of Way. Street cut deposits ($1,000.00) are required for each street cut in City streets. The Developer/Owner is responsible,for coordination of the final occupancy. The Developer/Owner Y shall obtain clearances from each City department and division-as required, prior t6 requesting a final,building inspection from Building & Safety. Each City agency shall sign the bottom of the Building and Safety Job Card as indicated. Building and 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. The Developer/Owner may also request inspections at the Building& Safety public counter. The entire construction site shall be protected by a chain fink fence behind the sidewalk at the public right-of-way. The fencing shall be maintained at all times during construction. Fencing can be removed to perform the on-site common area improvements. (2007 California Building Code, Chapter 33, Section 3306.1 and 2). Toilet facilities shall be provided for construction workers on the site. The toilet facilities shall be Y maintained in a sanitary condition at all times. Construction toilet facilities of the non-sewer type shall conform at ANSI ZA.3. Prior to the issuance of building permits, all construction materials which are not used shall be recycled pursuant to Ordinance No. 243, Recycling and Diversion of Construction and Demolition Waste. Prior to commencement of building construction, every applicant shall submit a properly completed "Waste Management Plan" (WMP) to-the WMP Compliance Official in a form as prescribed by that Official. The completed WMP shall contain the following: A. The square footage of the proposed project; . B. -The estimated weight of project waste to-be generated by materials type; C. The maximum weight of such materials that can feasibly be-diverted via Reuse or Recycling by materials type; D. The facility(s) that the materials will be hauled to and their expected diversion rates by material hype; E. The vendors(s) that the applicant proposes to use to haul the materials. - F. Estimated weight of construction and demolition waste that will be disposed. 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 the Building & Safety and the.Community Development Departments. A. Installation of a construction trailer, or 57 i E B. Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers of any type shall be located in the public street right-of-way. Buildine Permit Conditions I i 1. Prior to issuance of grading permits, receipts from the Regional Water Board shall be submitted showing that all Regional Water Board fees have been paid. 2. Prior to issuance of grading permits, copies of encroachment agreements shall be submitted from all affected adjacent properties consistent with the contours on the grading plans. 3. No flammable materials will be allowed on the site until the on-site water service is installed and approved by the Riverside Highland Water Company. On site fire hydrants shall be installed and active prior to occupancy of any structures, and approved by the Fire Department and Riverside Highland Water Company. 4. Prior to issuance of building permits, pad certifications shall be submitted to Building & Safety. The pad certifications shall be wet stamped by the engineer of record. Prior to concrete placement, an engineer's certification shall be submitted for the finish floor elevation and set backs of the buildings. The certification shall'reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. j 5. Prior to issuance of building permits, a school fee certificate from ithe Colton Joint Unified School District shall be submitted showing that all applicable school fees have been paid. i 6. Prior to issuance of building permits, a Will Service Letter from Riverside Highland Water Company shall be submitted on file with Building& Safety, Contact(909) 825-4128. Public Works Conditions r • f 1. As a condition of issuance of building permits, .the applicant shall pay the following applicable development impact and or connection capacity fees as required by the City ordinance as set forth in any applicable Development Agreement. I a. Storm Drainage Facility Fees b. General Facilities Fees c. Parkland and Open Space Acquisition Fees d. Circulation Impact Fee e. Arterial Improvement Fees f. Sewer Hook-Up Fees 2. All on site utilities shall be underground in accordance with applicable City Standards. Street cut permits are required prior to commencing work in the City'!s right of way. r 5; 3. A Street cut deposit will be collected at the time a public works permit is issued for any work in the City's right-of-way, and held by the City for two years in accordance with Grand Terrace Municipal Code, Title 12, Chapter 12.08, Section, 12.08.080. 4. All required public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code. Street light locations shall be shown on site plans. Coordinate with Southern California Edison to install (1) one 5800 Watt, LS-1, street light in accordance with approved site plans on Michigan Street south of Driveway Number 5, and deposit one year energy cost for the street light in the amount of $105.00 to the City of Grand Terrace. Street lights shall be installed in accordance with approved site plans which have been submitted to Southern California Edison for review. 5. Underground retention and filtration areas shall be provided for the site, in accordance with approved drainage improvement plans, in connection with the construction of Development Unit 1. Storm flows may be retained in a retention area designed for such flows as indicated on the approved drainage improvement plans. Drainage improvement plans which indicate retention and filtration areas shall be submitted to Building and Safety with grading plans for approval. 6. Preliminary plans have been submitted for review of the retention areas for storm water flows with the intent to retain all storm flows on-site. 7. The project applicant or his designee shall be responsible, at its sole expense, for construction of all frontage improvements along Barton Road, including the design and construction of the proposed traffic signal at Project Driveway No. 2, in conformance with applicable City standards and specifications. The project applicant or his designee shall be eligible for reimbursement of fair share contributions from future development based on fair share studies which the City shall make a condition of development of other projects which benefit from the Barton Road improvements and the traffic signal. Design and construction plans for the subject signal and associated street improvements shall be submitted for review and approval by the City. No deceleration lanes will be required for the project driveways as part of Phase 1 improvements, but may be considered for future phases of development. Improvements to Barton Road shall include an 8-foot wide bus turnout located between Vivienda Avenue and Project Driveway No. 1, or as approved by the Public Works Director. 8. The applicant or his designee shall be responsible, at its sole expense, for constructing partial width frontage improvements on Michigan Street as a Secondary Highway, in conformance with applicable City standards and specifications. Improvements shall include curb and gutter and a temporary transition/taper area on the northbound approach of Michigan Street, as well as any necessary utility relocation. The applicant or his designee shall be eligible for reimbursement of the fair share conditions from future development, based on fair share studies which the City shall make a condition of development of other projects which benefit from the Michigan Street improvement and utility relocation unless other arrangements for street improvements are made. 59 i COUNTY FIRE DEPARTMENT PUBLIC AND SUPPI .rA? SERVICES GROUP OFFICE OF THE FIRE MARSHAL Fake.,, i PAT A.DENNEN Community Safety Division ' Fire Chief 620 South"E"Street—San Bernardino,CA 92415-0179 County Fire Warden (909)386-8465-(909)386-8463-(909)386-8466 Fax(909)386-8460 AUGUST 14,2008 EXPIRATION: AUGUST 2010 GRAND TERRACE TOWN SQUARE FILE: SPR GT08/28925 LOCATION: BARTON &MICHIGAN—GRAND TERRACE r PROJECT TYPE: SITE PLAN REVIEW FOR TOWN SQUARE PROJECT NUMBER OF LOTS(if applicable): N/A APN: 1167-231-12,-13, -15, -03,-21 &-09 PLANNER INDEX: SA 07-07,TPM 08-01 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 following information of this document sets forth the FIRE CONDITIONS and STANDARDS of which are applied to this project. FIRE CONDITIONS: r I , Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein ("Fire Department"). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current Uniform Fire Code requirements ,and all applicable statutes, codes, ordinances and standards of the Fire Department. [F-1] I Additional Requirements. In addition to the Fire requirements stated herein, other on site and off site improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. [F-1a]j Fire Equipment — Agreement/Surety. The applicant shall execute an agreement With__the.-County. of- Sara Bernardino, (if applicable- San Bernardino County Redevelopment Agency) and the Fire Department, .to ensure that all fire equipment necessary to serve the project is available when necessary or the applicant may submit surety in a form and amount acceptable to County Counsel and the Fire Chief. [F-7] I i Access Requirements. The applicant shall submit emergency/evacuation road access Mans to the Fire Department for review and approval. These plans shall include: (check all that apply). [F-9] I Q Primary Access Route. The plan shall show all planned road widening with minimum widths of twenty-six feet (26') unobstructed [FS1/FS2/FS3 NO shoulder parking allowed, with an unobstructed vertical clearance of no less than,14 feet 6 inches(14' 6"), and with grades not exceeding twelve percent(12 ❑ Secondary Access Route. The,plan shall show all planned road widening with minimum widths of twenty feet (20') unobstructed, with NO shoulder parking allowed, with an unobstructed vertical clearance of no less than 14 feetr6'inches(14' 6"), and with grades not exceeding twelve percent(12 %). 6C v • v I vv/iY.I&4 AUGUST 14, 2008 PAGE 2 ❑, Road Width Variance/Turnouts. The plan shall show required turnouts as mitigation for the requested variance.to allow road widths to be no less than feet in width-and for lengths not exceeding feet.in lieu of the required minimum width of (26) feet for primary access and twenty feet (20) for secondary access]. The turnouts shall be a minimum 6 feet wide and 40 feet long and shall be installed approximately every six hundred (600) feet along the reduced segment of the roadway. These turnouts are to be designed, spaced and constructed as determined by the Fire Department. The turnouts are to be located at all fire hydrants and at any other point determined necessary for fire protection or other emergency response-purpose.' ❑ Planned width and location of all internal access drives and parking areas. ❑ Written verification of legal access to the project site (and each phase) from the County maintained road for both the primary and secondary access routes. ❑ Other (list) Fire Fee. The required fire fees (currently $802.00) shall be paid no. County Fire Department/Comrnunity Safety Division (909) 386-8465. This fee is in addition tohfire fees-that aree San paid tote San Bernardino County Land Use Services Department. [F-40] Access. The development shall have a minimum of 2 points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. Standard 902.2,1 [F-41] Sinc ile Story Road Access Width: All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six(26) ' foot unobstructed width and vertically to fourteen (14)feet six(6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. Multi-Story Road Access Width: Buildings 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. Water System Large Commercial. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored.on the.site. The applicant is required.to-.provide a minimum of one new six (6) inch fire hydrant assembly with one (1) two and one half(2 1/2) inch-and two,(2) four(4) inch outlet. All fire hydrants-shall"be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways)and no more than one hundred fifty(150) feet from any portion of a structure. [F-54a] Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet ,distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site. [F-57] Fire Sprinkler-NFPA #13 An automatic fire sprinkler system complying with NFPA Pamphlet #13 and 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 showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. Standard 101.1 [F-59] 61 Orm U 1 UOUGUZ 1 AUGUST 14, 2008 PAGE 3 Fire Alarm. An automatic monitoring fire alarm system complying with the California Fire Code, NFPA and all, applicable codes is required 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 Department for review and approval. The required fees shall be paid at the time of plan submittal. Standard 1007.1.1 FA. [F-62] 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 1/8" scale) with manufactures' specification sheets to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. [F-65] Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six(6)feet high above the adjacent road. Standard 901.4.3. [F80] Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or externall. Where the building is two hundred, (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. Standard 901.4.4 [F82] Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. In commercial, industrial and multi- family complexes, all swing gates shall have an approved fire department Knox Lock. Standard 902.4[F85] Fire Extinguishers. Hand portable fire extinguishers are. required. The location, type, and cabinet design shall be approved by the Fire Department. [F88] r ADDITIONAL REQUIREMENTS: Commercial projects with an aggregate building square footage of 100,000 or more square feet requires a minimum ten (10) inch underground fire main with two(2) points of connection to the municipal source and contain fire hydrant laterals eight(8) inches in diameter. (County Fire Standard 508.1) Sincerely, MARK ANDERSON, Fire Prevention Specialist San Bernardino County Fire Department Community Safety Division MA:wc I I i i r i mw-commsafety-com'nunitysafetyforms and communitysafetyplanning&engineeringfireletters:fireletterDAB-DRC doc Attachment 10 Final EIR Previously provided on July 14, 2010 - (Draft EIR previously provided May 2009) 63 Attachment 11 Resolution Certifying the EIR and Adopting a Statement of Overriding Considerations 6� RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH 2008071017) AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN FOR THE GRAND TERRACE TOWN SQUARE MASTER DEVELOPMENT PLAN A. RECITALS WHEREAS, the Grand Terrace Town Square Master Development Plan ("TSMDP") would result in the development of a commercial center consisting of the development of up to 209,611 square feet on approximately 21 gross acres. The Project is located on the south side of Barton Road between Michigan Street and the Gage Canal, within the General Commercial designation of the BRSP; and WHEREAS, the TSMDP would be developed in five Development Units that correspond to five development phases: Development Unit 1 is proposed on 7.5 acres consisting of 65,737 square feet of commercial space; Development Unit 2 is proposed on 4.5 acres with a maximum buildable area of 58,858 square feet; Development Unit 3 is proposed on 5.0 acres with a maximum buildable area of 33,977 square feet; Development Unit 4 is proposed on 2.0 acres with a maximum buildable area of 20,700 square feet; and Development Unit 5 is proposed on 2.0 acres with a maximum building area of 20,177 square feet; and WHEREAS, pursuant to the California Environmental Quality Act("CEQA") (Public Res. Code, § 21000 et seq.), and the State CEQA Guidelines (14 CCR § 15000 et seq.) the City Council of the City of Grand Terrace ("City Council") is the lead agency for the Project, as the public agency with general governmental powers; and WHEREAS, the City Council, as lead agency, determined that an Environmental Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation ("NOP") and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on July 3, 2008, for a period of 30 days, concluding on August 4, 2008, pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375. A total of 12 comment letters were received and are included in Appendix A of the Draft EIR ("DEIR"). Relevant comments received in response to the NOP were incorporated into the DEIR; and WHEREAS, a revised Notice of Preparation ("NOP") and revised Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on January 30, 2009, for a period of 30 days, concluding on March 2, 2009, pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375. A total of seven comment letters were received and are included in Appendix A of the Draft EIR ("DEIR"). Relevant comments received in response to the NOP were incorporated into the DEIR; and WHEREAS, public scopung meetings were held on July 15, 2008, and on February 17, 2009. at the City of Grand Terrace Council Chambers and input from the public providing direction and scope of the EIR was received and has been included in Section 1 3.2 and Appendix A of the Draft EIR: and Page t of 6 65 WHEREAS, the Draft EIR was distributed for a 45-day public review and comment period commencing on April 30, 2009, and expiring on June 15, 2009. Eight comment letters were received during the public comment period. The specific and general responses to comments are included in the Final EIR; and WHEREAS, a Notice of Completion ("NOC") was sent with the DEIR to the State Clearinghouse on April 29, 2009; and WHEREAS, the Planning Commission of the City of Grand Terrace held a public hearing to consider the Project, the Final EIR, and staff recommendations, on July 15 2010 at the City of Grand Terrace City Council Chambers located at 22795 Barton Road Barton Road Grand Terrace, California 92313. Notice of this Planning Commission hearing was provided through publication in the San Bernardino County Sun on July 5, 2010; and WHEREAS, the City Council of the City of Grand Terrace held a public hearing to consider the Project, the Final EIR, and staff recommendations, on July 27, 2010, at the City of Grand Terrace City Council Chambers located at 22795 Barton Road Grand Terrace, California 92313. Notice of this City Council hearing was provided through publication on July 16, 2010; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, environmental impacts identified in the Final EIR which the City finds are less than significant and do not require mitigation are described in Section 5 hereof; and--- WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible mitigation measures identified in the Final EIR and set forth herein, are described in Section 6 hereof; and WHEREAS, environmental impacts identified in the Final EIR as significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible mitigation measures identified in the Final EIR and set forth herein, are described in Section 7 hereof; and WHEREAS, cumulative environmental impacts identified or discussed in the Final EIR are described in Section 8 hereof; and Page 2 of 6 66 WHEREAS, irreversible environmental changes are identified in the Final EIR and are found to be less than significant, as described in Section 9 hereof, and WHEREAS, the potential for growth inducing impacts described in the Final EIR and found to be less than significant are described in Section 10 hereof, and WHEREAS, alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section 12 hereof; and WHEREAS, a Statement of Overriding Consideration is contained in Section 13 hereof; and WHEREAS, on July 15, 2010, the Planning Commission conducted a duly noticed public hearing on the Project and voted to recommend City Council certification of the Final EIR, and adoption of a Statement of Overriding Considerations. WHEREAS, on July 27, 2010, the City Council conducted a duly noticed public hearing on the Project and prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and _ WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: B. RESOLUTION NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace as follows: 1. This Council-hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on July 27, 2010, including written and oral staff reports, together with public testimony, and the consideration of the contents of the Final EIR, this Council hereby finds and concludes as follows: a. The Final EIR prepared for the Grand Terrace Town Square Master Development Plan has been completed in compliance with the provisions of the California Environmental Quality Act, California Public Resource Code Sections 21000 et seq. (CEQA) with the State and the City Guidelines for implementing CEQA, and all other applicable laws and regulations. b. Che Final E1R was presented to the Council and the Council reviewed and considered the Page 3 of 6 67 information contained in the Final EIR prior to the consideration of the Project. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Council hereby takes the following actions: a. Certifies the Final EIR to be in compliance with the provisions of the California Environmental Quality Act, California Public Resources Code Sections 21000 et. seq. (CEQA) with the State and the City Guidelines for implementing CEQA, and all other applicable laws and regulations. b. Adopts a Statement of Facts, Findings, and Statement of Overriding Considerations for the EIR attached hereto as Exhibit"A"respectively, based on the following findings: i. The facts and findings set forth in the Statement of Facts and Findings and the Statement of Overriding Considerations are supported by substantial evidence in the administrative record and the Final EIR. ii. The Final EIR identified all significant environmental impacts of the Project and there are no known potentially significant environmental impacts not addressed in the Final EIR. iii. All significant impacts identified in the Final EIR as a result of the Project have been identified, avoided, or reduced to an acceptable level by the imposition of mitigation measures on the Project. These mitigation measures are attached hereto as part of the Mitigation Monitoring and Reporting Program and are incorporated herein by the reference. iv. The Final EIR considered a reasonable range of alternatives to the Project. Potential mitigation or Project alternatives have been incorporated into the Project to reduce the impacts. v. The cumulative impacts of the Project in relation to other projects in the area have been considered. Except for the identified unavoidable impacts described in the Statement of Facts and Findings and the Final EIR, mitigation measures are incorporated into the Project to reduce such impacts to less than significant levels. vi. The unavoidable significant impacts of the Project as identified in the Statement of Facts and Findings and the Final EIR outweighed by the economic, social, and other benefits of the Project identified in the Statement of Overriding Considerations. 4. The City Clerk shall certify to the adoption of this Resolution. 5. The City Clerk shall file a Notice of Determination with the Clerk of the Board of the County of San Bernardino within five (5) working days of final Project approval. Page 4 of 6 6E PASSED,APPROVED,AND ADOPTED the 27`h day of July, 2010. AYES: NOES: ABSENT: ABSTAINED: Maryetta Ferre, Mayor ATTEST: Brenda Mesa, City Clerk ATTEST AS TO FORM: John Harper, City Attorney Page 5 of 6 69 I, BRENDA MESA, CITY CLERK of the City of Grand Terrace, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Grand Terrace, California, at a Regular Meeting of said City Council on the 271h of July 2010. Executed this_day.of 2010, at Grand Terrace, California. Brenda Mesa, City Clerk Page b of 6 71 Exhibit A SECTION 1 INTRODUCTION The City Council of the City of Grand Terrace ("this Council") hereby adopts this entire document, including the Statement of Overriding Considerations in Section 13 below, as its findings ("Findings") pursuant to the California Environmental Quality Act ("CEQA") for the Grand Terrace Town Square Master Development Plan Project ("Project") described in the Final Environmental Impact Report ("Final EIR") for the Project, State Clearinghouse Number 2008071017. The Project as described in the Final EIR includes all discretionary actions that will be considered by the City of Grand Terrace ("City"), and other public agencies that may have approval authority over aspects of the Project. City's discretionary actions in approving the Project will include: 1) Site and Architectural Review 07-12/Town Square Master Development Plan, 2) Site and Architectural Review 07-07, 3)Master Development Sign Program 09-01, Sign Program Development Unit 1, Tentative Parcel Map 08-01 (TPM No. 17787) and Environmental Review 07-06. In considering the potential benefits of the Project, the City identified the following objectives that will be achieved upon development of the Project site: • Accommodate large and small retail tenants that offer a wide range of retail commercial goods and services, and that respond to contemporary market conditions; • Establish a master plan that provides the framework to evaluate parking, landscaping, signage, and building architecture design elements, as well as coordinating access and utilities to ensure high quality development; • Maintain the `Town Square' village image by providing pedestrian-oriented linkages and amenities throughout the project area, and the avoidance of large sprawling parking fields by separating parking areas among commercial buildings within the development; and • Implement the goals and policies of the Barton Road Specific Plan with respect to the design elements. These Findings are based upon the entire record before this Council, including the Final EIR prepared for the Project. The Final EIR was prepared by the City of Grand Terrace, acting as the lead agency under the CEQA. SECTION 2 THE PROJECT A. Project Description The Grand Terrace Town Square Master Development Plan Project ("TSMDP") is located at the south side of Barton Road between Michigan Street and the Gage Canal, generally one-half mile east of Interstate 215 (I-215) in the City of Grand Terrace, in San Bernardino County. The Project covers fourteen parcels of undeveloped and developed land. The Project is bounded by Barton Road to the north, Michigan Street to the west, the Gage Canal to the east, and La Paix Street to the south. The entire Master Plan Area encompasses approximately 21 acres. Page 1 of 41 71 The Project site is located within the Barton Road Specific Plan("BRSP"), and makes up Planning Area I of the BRSP, which is dedicated to General Commercial land uses. In accordance with the provisions of the BRSP, the preparation of a Master Development Plan is required for Planning Area 1, and the TSMDP has been submitted. The TSMDP establishes consistent development standards and integrated design among the different property owners within Planning Area 1. The TSMDP is a broad-based planning document intended to establish consistent development standards and integrated design among the different property owners. Provisions are in place to allow development to occur within the Development Units at any time, subject to the provision of access and conformity with the BRSP and the TSMDP. The TSMDP proposes development of approximately 209,611 square feet of commercial, retail, and restaurant/fast food uses within five Development Units on approximately 21 gross acres. The five Development Units correspond to five development phases. The timing and order of development within the TSMDP may change based on tenant availability and other economic considerations. Further, it is anticipated that the boundaries of the Development Units may change over time to accommodate reciprocal easements such as, but not limited to, drive aisles and access ways. However, any changes to Development Unit boundaries would not result in any changes to the overall boundaries of the TSMDP or to the anticipated project build out of 209,611 square feet of commercial uses. In addition to approval of the TSMDP and associated master planning documents, the applicant is requesting approval of Development Unit 1/Phase 1. With regard to Development Unit 4/Phase 4, a portion of it is presently developed; however, should Commerce Street be extended in the future, these existing commercial buildings would need to be removed. No plans or development schedule has been proposed in relation to Development Unit 5/Phase 5. The five Development Unit and Phases, along with anticipated maximum square footage for each Development Unit is shown below: Development Phase Land Area Maximum Buildable Existing Conditions Unit Square Footage 1 1 7.5 75,899 Miguel's Jr., (*65,737) abandoned residence 2 2 4.5 58,858 Vacant 3 3 5.0 33,977 Senior assisted care facility 4 4 2.0 20,700 Autozone, other commercial uses 5 5 2.0 20.177 Occupied residence 21.0 209,611 *65,737 square feet is proposed in Development Unit 1 The TSMDP depicts and reserves for future development a potential realignment/extension of Commerce Way, as contemplated in the General Plan Update being prepared by the City. The City's General Plan Update identifies the potential future realignment/extension of Commerce Way, which may be necessary to accommodate improvements to the I-215/Barton Road Interchange and/or to support future development within the BRSP. Improvements to the I-215/13arton Road Interchange are programmed to be constructed and are included in the Regional Transportation Improvement Plan (RTIP) 2008, Technical Appendix Volume II of III: therefore, it is reasonable to conclude that the realignment of Commerce Way will occur at some point prior to build out of the TSMDP area. The environmental effects resulting from the potential future realignment of Commerce Way will be appropriately addressed in the environmental document associated with and prepared for the I-215/Barton Road Interchange Page 2 of 41 7e Improvement project. For purposes of the proposed project, the tentative depiction of the potential realignment/extension of Commerce Way is adequate for project review. If and/or when Commerce Way is realigned, the building currently housing Auto Zone would be vacated and removed; the existing alignment of Michigan Street, between Barton Road and Commerce Way, would be vacated; street improvements and utilities would be removed and relocated; and excess right-of- way and utility easements would be disposed of and/or vacated by the City, as appropriate. The Project includes a Master Development Sign Program for the TSMDP. The Master Development Sign Program includes the Development Unit 1 Sign Program that is compatible with the TSMDP's architectural theme and site layout, and compliant with the intent of the BRSP and otherwise in accordance with Chapter 18.80 of the Grand Terrace Municipal Code. The Sign Program for the proposed project identifies a unified sign design and guidelines for all on-site signs (monument signs, free-standing signs, menu board signs, awning signs, and wall signs), and a freeway-onented sign associated with the project. It also identifies prohibited signs and construction requirements for all signs. The Community Development Director may approve a sign that does not strictly adhere to the sign provisions of Chapter 18.80 of the Grand Terrace Municipal Code provided that the sign is compatible with the surrounding development and is in harmony with the general aesthetics and welfare of the local area. Furthermore, the Planning Commission has the authority to allow deviations from the sign ordinance to approve creative and innovative sign programs or sign solutions under exceptional or unusual circumstances. For Phase 1 and Phase 2 (Development Units 1 and 2), primary access will be provided from two points along Barton Road, and a secondary access will be provided on Michigan Street. A service access driveway will be constructed at the southerly boundary of the project site along Michigan Street for delivery of goods and for employee access to parking. The service access driveway loops back to the front access drives along Barton Road. Primary access for Phase 3 (consisting of Development Unit 3) will be provided from Barton Road. For Phase 4 (consisting of Development Unit 4), access will be via Barton Road and Michigan Street. Access for Phase 5 (consisting of Development Unit 5) will be provided from Barton Road as a right-in and right-out unless a traffic signal is constructed at the property frontage. Reciprocal access easements will be required with the adjoining Development Units to facilitate internal circulation, as required by the BRSP. The TSMDP depicts the potential extension of Commerce Way through the project area; however, neither this construction nor the realignment of Michigan Street is associated with development occurring within any Development Unit. Stonewood Drive, Pascal Drive, Reed Avenue, and La Paix Street provide access to a residential neighborhood south of the project site. The project site is enclosed and separate from the residential neighborhood and as noted previously, vehicular access is provided from Barton Road and Michigan Street. No vehicular access is provided to streets south of the project. A six-foot masonry wall will be constructed along the entire southern boundary of the proposed project. On-site parking will be provided in compliance with City requirements. Section 18.60.030 B of the Grand Terrace Municipal Code requires one parking space for every 250 square feet of gross floor area within commercial centers comprising approximately 75,000 square feet. Fast-food restaurants require one space for every 75 square feet of floor space. To meet these criteria, 838 parking spaces will be required to support proposed commercial uses at build-out of the project. Of this total project area, Development Unit 1 will provide 393 spaces. The primary Project objectives are as follows: • Accommodate large and small retail tenants that offer a wide range of retail commercial goods and services, and that respond to contemporary market conditions; Page ', of 41 73 • Establish a master plan that provides the framework to evaluate parking, landscaping, signage, and building architecture design elements, as well as coordinating access and utilities to ensure high quality development; • Maintain the `Town Square' village image by providing pedestrian-oriented linkages and amenities throughout the project area, and the avoidance of large sprawling parking fields by separating parking areas among commercial buildings within the development; and • Implement the goals and policies of the Barton Road Specific Plan with respect to the design elements. SECTION 3 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City initiated the environmental process with the completion of an Initial Study. The City used an Initial Study to determine which impacts would be less than significant and did not warrant further environmental review, while identifying those issues that required further analysis in an EIR. The City circulated the Initial Study with a Notice of Preparation (NOP) for the Grand Terrace Town Square Master Development Plan Draft EIR to State, regional, and local agencies on July 2, 2008, for a 30-day review period that concluded on August 4, 2008, and redistributed a revised Initial Study and NOP on January 30, 2009 for a 30-day review period, which concluded on March 2, 2009. The Initial Studies were made available to the public during and after the comment periods. The NOPs were distributed to the State Clearinghouse, as well as agencies, organizations, and persons who may provide appropriate comment on Project as well as the potential environmental impacts that may result from the construction and operation of the proposed on-site uses. Comments received regarding the NOPs were used to help identify impacts that could result from implementation of the proposed project. At of the close of the first 30-day NOP public review period, fourteen responses to the NOP were received by the City. At of the close of the second 30-day NOP public review period, seven responses to the NOP were received by the City. The NOPs and Initial Studies, as well as the comment letters received regarding the NOPs, are included in Appendix A of the Draft EIR. Two public scoping meetings were held to solicit public comment on the direction and scope of the analysis necessary for the Draft EIR. The first public scoping meeting was advertised in the Grand Terrace City News on July 3, 2008, and was held on July 15, 2008, at 6:00 p.m., at the City of Grand Terrace Council Chambers, 22795 Barton Road, Grand Terrace, California. The second public scoping meeting was advertised in the San Bernardino County Sun on January 27, 2009, and was held on February 17, 2009, at 6:00 p.m., at the City of Grand Terrace Council Chambers, 22795 Barton Road, Grand Terrace, California. Copies of the Initial Study and the conceptual site plan were available to the public for review during both Scoping Meetings. Approximately 9 persons were in attendance during the first scoping meeting and approximately 13 persons were in attendance during the second scoping meeting. Opportunity for public comment(both oral and written)was provided. The Draft EIR was distributed to responsible and trustee agencies, other affected agencies, and interested parties. Additionally, to accordance with Public Resources Code §21092(b)(3), the Draft EIR has been provided to all parties who have previously requested copies. During the 45-day public review period, the Draft EIR and technical appendices had been made available for review at the City The Draft EIR was distributed for a 45-day public review period on April 30, 2009, with the comment period expiring on June 15, 2009. Eight comment letters were received during the public comment period. Page 4 of41 7A After the 45-day public review period, written responses to all significant environmental issues raised were prepared. These responses were made available for review for a minimum of 10 days prior to the public hearing before the Grand Terrace City Council, at which time the certification of the Final EIR was considered. The Final EIR(which includes the Draft EIR, the public comments and responses to the Draft EIR, and findings) were included as part of the environmental record for consideration by the City decision-makers. SECTION 4 ENVIRONMENTAL REVIEW AND FINDINGS City staff reports, the Final EIR, written and oral testimony at all relevant public meetings or hearings, and these Fact, Findings, and Statement of Overriding Considerations and other information in the administrative record serve as the basis for the City's environmental determination. The detailed analysis of potential environmental impacts and proposed mitigation measures for the Project are presented in Section 4.0 of the Draft EIR. Responses to comments and any revisions/omissions to the Draft EIR are provided in Appendix G, or indicated by strikethrough (deletions) or double-underline (additions)in the Final EIR, respectively. The Draft EIR evaluated four major environmental categories (air quality, cultural resources, noise, and transportation) for potential significant adverse impacts, including cumulative impacts. Both project- specific, short- and long-term, and cumulative impacts were evaluated. In addition to the four major environmental categories addressed in the Draft EIR, twelve other major categories were found to be insignificant in the Initial Study prepared for the Project. Except as may be otherwise expressly provided herein, these Findings incorporated the conclusions on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and the City finds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is required. At a public hearing assembled on July 27, 2010, at the City of Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California, the City Council of the City of Grand Terrace determined that, based upon all of the evidence presented, included by but not limited to the Final EIR, written and oral testimony given at the meetings and hearings, and submission of testimony from the public, organizations and regulatory agencies, the following impacts associated with the Project are: (1) less than significant and do not require mitigation; (2) potentially significant and each of these impacts will be avoided or reduced to a level of insignificance through the identified mitigation measures and/or implementation of an environmentally superior alternative to the Project; (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified mitigation measures. SECTION 5 ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The following issues were found in the Final EIR as having no potential to cause significant impact and therefore require no project-specific mitigation. The City Council of the City of Grand Terrace hereby finds that the following potential environmental impacts of the Project are less than significant and therefore do not require the imposition of mitigation measures. Page 5 of 41 75 A. Air Quality 1. Construction Equipment Exhaust Emissions: Implementation of the Project would result in the grading and build-out of the approximately 21-acre site. Grading and other construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy- duty construction vehicles, equipment hauling materials to and from the site, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions during these construction activities will vary daily as construction activity levels change. Construction equipment exhaust emissions during the anticipated peak grading day would not exceed South Coast Air Quality Management District (SCAQMD) daily construction thresholds for carbon monoxide (CO), carbon dioxide (CO,), nitrogen oxides (NOJ, sulfur oxides(SO,),reactive organic compounds (ROCS), PMio (particulate matter less than 10 microns in size), and PM-1.5 (particulate matter less than 2.5 microns in size) (DEIR pp. 4.1-35). Therefore,no significant construction-related emission impact would occur and no mitigation is required. 2. Fugitive Dust Emissions: Fugitive dust emissions are generally associated with land clearing and exposure of soils to the air and wind, and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by-project basis, depending on the level of activity, the specific operations, and weather conditions at the time of construction. Project-generated fugitive dust emissions are well below the SCAQMD thresholds of 150 pounds per day of PMio; and 55 pounds per day of PM2.5 (DEIR pp. 4.1-36). Nonetheless, the City of Grand Terrace requires the implementation of best available control measures (BALM), such as SCAQMD Rules 402 and 403 standards, for all construction projects to control fugitive dust emissions. With adherence to Rules 402 and 403, fugitive dust emissions would remain less than significant and no mitigation is required. 3. Localized Construction Emissions: The emissions of concern from construction activities are NOx and CO combustion emissions and fugitive PMio and PM2.5 dust from site preparation activities. Although the project's maximum daily disturbance area for Development Unit 1 exceeds 5 acres, the SCAQMD thresholds for a 5-acre project site was utilized for a worst-case analysis. Use of a 5 acre site model for the project site would result in more stringent LSTs because emissions would occur in a more concentrated area closer to the nearest sensitive receptors than would occur in reality, due to the project site being 21 acres. Table 4.11 (DEIR pp. 4.1-38) presents the results of the localized emissions during construction activity, and shows that emissions of CO, NO,, PM,o, and PM,.5 do not exceed the localized threshold established for construction activity. Therefore, impacts are less than significant and no mitigation is required. 4. Architectural Coating Emissions: Architectural coatings will be applied during building construction. Architectural coatings contain volatile organic compounds (VOCs), which is an ozone (03) precursor. The Project will be subject to the implementation of SCAQMD Rule 1113 regarding the use of architectural coatings. The purpose of SCAQMD Rule 1113 is to limit the VOC content of architectural coatings used in the Basin or to allow the averaging of such coatings, as specified, so their actual emissions do not exceed the allowable emissions if all the averaged coatings had complied with the specified limits. An estimate was made using the project description information and the CARB's URBEMIS 2007 model. The model predicts a maximum VOC emissions rate of 60 lbs/day (DEIR pp. 4.1-38). This level is below the SCAQMD daily threshold of 75 pounds per day, and less than significant impact will occur. 5. Odors: The nearest sensitive receptors to the Project site are residential units to the south, an occupied residence within Development Unit 5, and an assisted living facility within Development Unit 3. Heavy-duty equipment in the project area during constriction would emit odors; however, this activity would be short term and cease after construction is completed. With the exception of short term construction related odors, the proposed uses do not include uses that are generally considered to generate Page 6 of 41 7E offensive odors. While the application of architectural coatings and installation of asphalt may generate odors, these odors are temporary, subject to SCAQMD Rules 1108 and 1113, and not likely to be noticeable beyond the Project boundaries. Solid waste generated by on-site uses will be collected and disposed of by a contracted waste hauler, ensuring that any odors resulting from on-site uses would be adequately managed. Therefore, no significant odor impacts will occur and no mitigation is required (DEIR pp. 4.1-39). 6. Long-Term Microscale (CO Hot Spot) Emissions: Vehicle traps generated by the Project would contribute to congestion at intersections and along roadway segments in the project vicinity resulting in localized air quality impacts due to emissions. The primary mobile source pollutant of local concern is carbon monoxide (CO), which is a direct function of vehicle idling time. The highest CO concentrations would normally occur during peak traffic hours; hence, CO impacts calculated under peak traffic conditions represent a worst-case analysis. CO hotspot analyses were conducted for existing and future cumulative conditions at the following intersections: Michigan Street/Barton Road, Vivienda Avenue/Barton Road, Canal Street/Barton Road, Mount Vernon Avenue/Barton Road, Preston Street/Barton Road, Michigan Street/Commerce Way and Michigan Street/DeBerry Street (DEIR pp.4.1-44). Under the existing conditions both without and with the project, the intersections analyzed for the daily peak hour would experience CO concentrations below the Federal and State standards. Therefore, the proposed project would not have a significant impact on local air quality for CO, and no mitigation measures are required. 7. Air Quality Management Plan Consistency: The current regional air quality management plan is the Final 2007 Air Quality Management Plan (AQMP). The AQMP proposes policies and measures currently contemplated by responsible agencies to achieve Federal standards for healthful air quality in the Basin. To assess the environmental impacts as a result of new development accurately, environmental pollution and population growth are projected by the SCAQMD in the AQMP for future scenarios. The AQMP projections are based, in part, on the growth forecasts and General Plans from cities and counties located in the Basin. The proposed land uses are consistent with the General Plan and Zoning Designation for the Project site, and thereby also consistent with the AQMP. The Project would be within walking distance of existing and planned homes and would add jobs consistent with the goals of the AQMP for reducing the emissions associated with new development. The new employment opportunities will improve the City's current jobs-to-housing ratio by providing job opportunities to local residents. This Project would accommodate the growth projection in the project vicinity and itself is not a growth inducing project. Emissions projections used to establish SCAQMD attainment objectives reflect adopted regional and local land use plans; and emissions associated with the proposed project are expected to be within the amounts already accounted for in the AQMP (DEIR pp. 4.1-45 — 4.1-46). - Therefore, a less than significant impact will occur and no mitigation is required. 8. Non-Carcinogenic Acute Project-Related Emissions Impacts.' The nearest sensitive receptors include an occupied residence within Development Unit 5, an assisted care facility adjacent to Development Unit 3, residences approximately 50 feet south of the project boundary, and Grand Terrace Elementary School approximately 100 feet north of the northwestern portion of the Project site. There are no significant emissions of toxic air pollutants that have short-term acute health effects in the Project vicinity. The operations expected to occur at these facilities will not emit any toxic chemicals in any significant quantity other than diesel exhaust. While there will be other toxic substances, such as cleaning agents, personal care products, and landscape pesticides in use on site, compliance with State and Federal handling regulations will ensure that emissions remain below a level of significance. Because the use of these substances is heavily regulated, no activity related to the project will emit any toxic air pollutants that have short-term acute health effects; and there will be no machinery to emit any toxic air pollutants that have short-term acute health effects (DEIR pp. 4.1-47). Thus, the potential for short-term acute exposure from project-related toxic emissions will be less than significant and no mitigation is required. Page 7 of 41 77 9. Carcinogenic and Chronic Project-Related Emissions Impacts: The nearest sensitive receptors include an occupied residence within Development Unit 5, an assisted care facility adjacent to Development Unit 3, residences approximately 50 feet south of the project boundary, and Grand Terrace Elementary School approximately 100 feet north of the northwestern portion of the Project site. a. Construction Health Risks. The only toxic air pollution emissions in any significant quantity associated with construction of the proposed project occur from large, heavy-duty, diesel-powered equipment exhaust. The Office of Environmental Health Hazard Assessment (OEHHA) currently describes the health risk from diesel exhaust entirely in terms of the amount of particulates, or PM10, that is emitted. Currently, the health risk associated with diesel exhaust PM,o has only a carcinogenic and chronic effect; no short-term acute effect is recognized. The nature of the mobile equipment used to construction operations is that mobile equipment only operates in one location for a short time relative to the length of time required for carcinogenic and chronic health impacts (usually 6 months or less). The cancer risk stemming from diesel exhaust is below the cancer threshold of 10 in 1 million and chronic threshold of 1.0. Therefore a less than significant impact will occur and no mitigation is required(DEIR pp. 4.1-48). b. Operation Health Risks. Long-term diesel exhaust health risk assessment impacts are those associated with project-related truck deliveries to the proposed project site. The Operational Health Risk Assessment(DEIR pp. 4.1-49) determined that the nearest sensitive receptor(located 50 feet to the south) would be exposed to an unmitigated inhalation cancer risk of no more than3.3 in 1 million, less than the threshold of 10 in 1 million.The hazard index would be 0.0020, which is below the threshold of 1.0. All other sensitive receptors in the project vicinity would experience a lower cancer risk and chronic hazard index as they are located farther than 15 meters. This assessment determines the risks to the health of nearby sensitive receptors from the proposed project's air emissions. The California Air Resources Board(GARB) website "Maps of Estimated Cancer Risk from Air Toxics" identifies a carcinogenic risk of over 250 in 1 million for the project area. The health risk assessment identified that the project's incremental increase is only a very small fraction of the existing ambient condition. Therefore, a less than significant health risk would occur and no mitigation is required. 10. Cumulative Impacts: Cumulative air quality impacts determined to have no potential to cause significant impact and therefore require no project-specific mitigation consist of the following: a. Short-Term Air Quality Impacts.The cumulative area for air quality impacts is the Basin. The Project would contribute criteria pollutants to the area during construction. A number of individual projects in the area may be under construction simultaneously with the Project resulting to fugitive dust and pollutant emissions. However, because all project are required to comply with standard SCAQMD's measures, and because the Project's emissions would not exceed the significance thresholds, the Project would have a less than significant short-term cumulative impact(DEIR pp. 4.1-59). b. CO Hot Spot Impacts.The Project will not create significant CO hot spots. Background concentrations are expected to decrease in future years due to concerted efforts to improve regional air quality; therefore, it is reasonable to assume that a less than significant cumulative CO impact would occur(DEIR pp. 4.1-59). B. Cultural Resources 1. Religious or Sacred Uses: The Project site has not been identified as one that has been or is currently utilized for religious or sacred purposes; nor is their evidence to suggest that the site has been Page 3 of 41 71 used for human burials. In the event that human remains are found during grading or construction activities, the Project will be subject to State law (Health and Safety Code §7050.5) governing the discovery of human remains. Therefore,no impact to religious or sacred uses will occur and no mitigation is required. 2. Cumulative Impacts: Implementation of the Project includes mitigation requiring the identification, recovery, and/or recordation of suspected cultural resources or paleontological resources that may occur within the Project limits. Although unlikely to occur, potential impacts associated with human remains would be reduced to a less than significant level through adherence to existing State law. There are no other projects that would, in combination with the Project, result in any significant cumulative impacts on historical, archaeological, or paleontological resources, or to human remains. Therefore, there are no significant cumulative impacts associated with cultural resources (DEIR pp. 4.2- 8). C. Noise 1. Short-term Construction Noise Impacts: Potentially sensitive noise receptors include residential uses to the south, an occupied residence within Development Unit 5 and an assisted living care facility adjacent to Development Unit 3. Short-term noise impacts are associated with on-site excavation, grading, and building construction; and with construction crews' commutes and staging of construction equipment during each of the five phases of the proposed project. Although the transport of crew and staging of construction equipment would cause intermittent noise nuisance when averaged over a period of one hour or 24 hours, the average noise level would remain below the City's established noise standard. While the level of construction-related noise would exceed 65 dBA, as stated in Section 8.108.040(D) of the City's Municipal Code, no significant construction noise impacts would occur if construction of the proposed project occurs within the permitted hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. Because construction activities would occur within the hours specified in the City's Municipal Code, no significant short-term construction-related noise impacts would occur (DEIR pp.4.3-11). No mitigation is required. 2. Groundborne Vibration Impacts: Vibration refers to groundborne noise and perceptible motion. Typical sources of groundborne vibration are construction activities (e.g., blasting, pile driving, and operating heavy-duty earthmoving equipment), steel-wheeled trains, and occasional traffic on rough roads. The Project site is not located near steel-wheeled trains or rough roads, and construction activities do not include blasting or pile driving. The primary vibratory source during the construction of the proposed project would be large bulldozers. Section 8.108.040(D) of the City's Municipal Code indicates that noise sources associated with vibration during construction that take place between the City's established construction hours (7:00 a.m. to 8:00 p.m. Monday through Saturday) are exempt from the provisions of the Noise Chapter of the City's Municipal Code (DEIR pp. 4.3-13). Therefore, with adherence to the established hours of construction, impacts from construction-related groundborne vibration construction would be less than significant and no mitigation is required. 3. Long-term Project-Related Traffic Noise Impacts: Potentially sensitive noise receptors include residential uses to the south, an occupied residence within Development Unit 5 and an assisted living care facility adjacent Development Unit 3. The City's exterior noise standard for residential land uses are conditionally acceptable at 65 dBA CNEL. Project-related traffic noise level increases along the Gage Canal south of Barton Road would be 4.6 dBA during the 2012 "With Project" scenario and 9.0 dBA during the 2030 "With Project" scenario, according to the DEIR (DEIR pp. 4.3-14). While traffic noise level increases would be perceptible to the human ear (i.e., a noise increase of 3 dB or more), the portion of the Gage Canal with traffic noise increases greater than 3 dBA would not result in noise- sensitive uses, exposed to traffic noise exceeding the City's 65 dBA CNEL standard for residential uses Page 9 of 41 79 for the future year scenarios. This increase in noise levels as a result of the proposed project's traffic would remain below the 65 dBA CNEL noise contour. Except as noted above, the greatest project-related traffic noise level increases in the project vicinity would be a 1.4 dBA increase along Preston Street north of Barton Road (during the 2011 "With Project" scenario.) All other roadway segments would experience traffic noise increase of less than 1.4 dBA under the various future year conditions. However, this level of noise increase would not be perceptible to the human ear in an outdoor environment. Potential project-related traffic increases that may potentially affect the future on-site uses were also evaluated. The City's exterior noise standard for commercial land uses are conditionally acceptable at 75 dBA CNEL. The DEIR identifies that the proposed retail and commercial uses would not be impacted by the 75 dBA CNEL noise contour from Barton Road (within 25 feet of roadway centerline), Michigan Avenue (within 25 feet of roadway centerline), or Canal Street (within the roadway right-of- way) and therefore is below the City's 75 dBA CNEL noise standard for retail/commercial uses. In addition, standard exterior-to-interior noise attenuation from commercial buildings (more than 20 dBA with windows closed) would provide sufficient noise reduction to meet the interior noise environment for retail/commercial uses (DEIR pp. 4.3-23). Therefore, no significant noise impacts to on-site uses would occur, and no mitigation is required. 4. On-site Stationary Noise Impacts (Loading, and Unloading, and Parking): On-site retail/commercial uses would generate noise from truck delivery, loading/unloading activities and parking lot activities. These activities are potential noise point sources that could affect noise sensitive receptors such as existing residential uses to the south, east, and north of the project site. The proposed "Major A" building and future buildings constructed within adjacent phases will have loading/unloading areas on the south side of the buildings that face residential uses along La Paix Street. The loading area is approximately 100 feet from these residences. Noise associated with loading/unloading activities could potentially affect these existing residential uses. A 6-foot masonry wall will be constructed along the entire southern boundary of the proposed project that would provide a minimum of 6 dBA in noise attenuation for receptors south of the wall. a. Loading/Unloading. Loading/unloading noise at "Major A" and future buildings within adjacent phases would be below 63 dBA L,,,a,, at ground level of the nearest residences south of the project site. This range of maximum noise levels is lower than the typical exterior noise standards of 75 dBA L,naX during the day and the 70 dBA L,,,ar standard during the night at 50 feet from sensitive noise receptors. Although a typical truck unloading process takes an average of 15 to 20 minutes, this maximum intermittent noise level occurs in a much shorter period of time and would amount to less than a few minutes. The maximum noise level from truck loading/unloading activities at the proposed retail/commercial uses would not occur more than 15 minutes in any hour cumulatively during the daytime hours between 7:00 a.m. and 10:00 p.m. (with the 60 dBA L,5 noise standard for events lasting no more than 15 minutes in any hour). Therefore, noise associated with loading and unloading activities at the loading areas associated with the proposed retail/commercial uses would not result in noise levels exceeding the typical daytime noise standards at the nearest residences to the south. In addition, if loading/unloading activities occur during the nighttime hours between 10:00 p.m. and 7:'00 a.m., the cumulative noise level would be restricted to below the nighttime standard of 60-dBA L8 that cannot be exceeded for more than 5 minutes in any hour. Therefore, loading/unloading activities would not result in any significant noise impacts at the nearest off-site residential uses (DEIR pp. 4.3-24). Similarly, loading/unloading noise from other on-site restaurants and shops would be reduced to below 60 dBA L,,,a,, at ground level of the nearest residences to the south, east, and north from distance divergence. Therefore, noise associated with loading and unloading activities at the loading areas associated with the proposed retail/commercial buildings would not result in Page 10 of 41 $Q noise levels exceeding the typical daytime or nighttime noise standards at the nearest residences in the project vicinity. No mitigation measure is required(DEIR pp. 4.3-24). Loading/unloading activities associated with the proposed "Shops 2" building may be within 100 feet of the existing on-site residence within the Phase 5 development area. Loading/unloading noise would be reduced to 69 dBA Lma, or lower at this on-site residence due to distance divergence. This range of maximum noise levels is lower than the typical exterior noise standards of 75 dBA L,.., during the day (7:00 a.m. to 10:00 p.m.) and the 70 dBA Lma, standard during the night (10:00 p.m. to 7:00 a.m.). Therefore, noise associated with loading and unloading activities at the loading areas associated with the proposed retail/commercial buildings would not result in noise levels exceeding the typical daytime or nighttime noise standards at the nearest residence on site.No mitigation is required(DEIR pp. 4.3-25). b. Parking Lot Activity. Typical parking lot activities, such as customers conversing, doors slamming, engine startup, and slow-moving vehicles would generate approximately 60 to 70 dBA Lr„a, at 50 feet. This level of noise is lower than that of the truck delivery and loading/unloading activities. Noise in the parking lots of the retail/commercial uses would not be significant with respect to existing residences to the south of the project site because the 6-foot masonry boundary wall and the distance divergence would attenuate noise. Existing residences to the north are farther away from the Project site and would be exposed to lower on-site noise with the existing traffic noise along Barton Road being the dominant noise source for those residential uses. Similarly, noise in the parking lots of the retail/commercial uses would not be a significant noise issue with respect to the existing residence on site. Therefore, a less than significant impact will occur and no mitigation is required(DEIR pp. 4.3-25). c. Other Potential On-Site Operational Noise. The Project includes rooftop heating, ventilating, and air conditioning (HVAC) mechanical equipment, and ground-floor garbage compactors. The rooftop HVAC units would generate noise levels of approximately 62 dBA at 50 feet. A combination of the 150-foot distance between the HVAC equipment and parapet would reduce noise levels to below 49 dBA(DEIR pp. 4.3-25). Noise associated with garbage compactors is approximately 70 dBA at 6 feet. Anticipated garbage compactors on the south side of the proposed "Major A" building would be approximately 100 feet from the nearest residences to the southeast. Because of the distance divergence and 6-foot boundary wall this ground noise would be reduced to 40 dBA or lower for residences south of the project site. Therefore, noise impacts are less than significant. No mitigation is required(DEIR pp. 4.3-25). 5. Airport Noise: The Project site is located approximately four miles'southwest of the San Bernardino International Airport. The City is located under the landing pattern of Ontario International Airport (01A), which is located approximately 18 miles west of the Project site. Noise from jet aircraft is a component of ambient noise conditions in the Project area. Due to the Project's distance from these airports and the lack of noise in excess of the City's exterior noise standard, no significant airport-related noise impact would occur. No mitigation is required(DEIR pp. 4.3-26). 6. Cumulative Impacts:Although it is not possible to predict if contiguous properties may be constructed at the same time and create cumulative noise impacts that would be greater than if developed at separate times, it is unlikely that adjacent properties will be developed at the same time as the Project. However, in the unlikely event that adjacent properties are developed at the same time as the Project, adherence to Section 8 108.040(D) of the City's Municipal Code would result in constriction noise impacts that are less than significant.The cumulative roadway noise (With Project) assessment concludes Page l l of 41 81 that noise levels along one roadway segment would exceed baseline noise levels by 3 dBA or more, with or without the Project. However, comparing cumulative noise levels that would occur both with and without the Project, the Project would not expose sensitive uses located adjacent to area roadways to excessive noise levels. Therefore, the Project's contribution to cumulative noise impacts at sensitive uses would not be significant(DEIR pp. 4.3-26). D. Transportation/Circulation 1. Air Traffic Patterns: The Project site is located approximately four miles southwest of the San Bernardino International Airport and is not within the designated safety zones or the flight paths established for this facility. No aspect of the Project would change air traffic volumes, affect air traffic patterns, create visual, electronic, or physical hazards to aircraft in flight, nor would the Project disrupt or alter air traffic patterns. No impacts will occur and no mitigation is required(DEIR pp. 4.4-33). 2. Inadequate Emergency Access: The Project would be designed, constructed, and maintained to provide for adequate emergency access and evacuation at all times. The Project would be designed to provide an acceptable level of vehicular access along public roads, and project driveways and parking lots, and construct these facilities to applicable City standards. Traffic control measures would be implemented during construction activities that may temporarily restrict vehicular traffic. Adherence to applicable standards, regulations, and guidelines of the City, and emergency service providers would ensure no impact related to this issue would occur. Therefore, no mitigation is required (DEIR pp. 4.4- 33). 3.Inadequate Parking Capacity: Chapter 18.60 of the Grand Terrace Municipal Code regulates the provision of parking spaces. Section 18.60.030 B of the City of Grand Terrace Municipal Code requires one (1) space for every 250 square feet of gross floor area within commercial centers comprising approximately 75,000 square feet or more and one(1) space for every 75 square feet of floor area for fast- food restaurants. Build out of the Project is required to provide 838 parking spaces for general commercial uses. The Project design would be required to comply with parking standards prior to final site plan approval, to ensure the adequate number of parking spaces is provided to serve each Development Unit. Additionally, reciprocal parking agreements and provisions within the BRSP, which provides for parking incentives, would ensure that the proposed Project would not result in inadequate parking capacity. Impacts associated with parking capacity are less than significant and no mitigation is required(DEIR pp. 4.4-33). 4. Alternative Transportation. The Project would comply with all City development policies, standards, and programs pertaining to supporting alternative modes of transportation included in city codes, ordinances, and policies. Further based on site plan, the Project will not conflict with existing or proposed bikeways or bus routes. Additionally, bicycle racks would be installed at various locations within the project site. Therefore, no impact related to this issue would occur and no mitigation is required(DEIR pp. 4.4-34). i 5. Cumulative Impacts. Traffic volumes for cumulative with project traffic conditions are based on a sum of project traffic and traffic volumes from approved and pending projects in the vicinity of the proposed project. This yields a cumulative analysis. Five intersections will require improvements in order to maintain the City's level of service standard. The timing and construction of necessary roadway improvements are determined by the City to ensure satisfactory LOS levels are achieved before performance levels fail to ensure that significant impacts are avoided. Additionally, although the suggested improvements are consistent with the City's General Plan, the project would be responsible for contributing its fair share toward the funding of the Page 12 of 41 82 future improvements via payment of the City's traffic signal and road improvement fees and other fees used to fund roadway and roadway-related improvements, resulting in a less than significant cumulative impact. As previously noted, the preferred design alternatives for the I-215/13arton Road interchange (which are assumed to be built by year 2014) have not been determined at this time. However, it is assumed that intersection and roadway network improvements associated with the interchange improvement would be constructed to meet SANBAG requirements to meet LOS standards by year 2014. As such the TIA has included modification in the base roadway network for year 2014 and year 2030 cumulative conditions analysis based on the preferred design alternative for the interchange. SECTION 6 ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City Council of the City of Grand Terrace finds that the following environmental impacts identified in the Final EIR are potentially significant but can be mitigated to less than significant levels through the implementation of mitigation measures and or conditions identified in the Final EIR and summarized below. A. Air Quality 1. Global Climate Change Impacts: Short-term construction activities, and long-term vehicular sources and stationary sources emissions will contribute to greenhouse gas (GHG) emissions associated with the Project. The Project will produce approximately 13,000 metric tons per year of CO,, which is approximately 0.013 Tg/year of CO2. As a comparison, the existing emissions from the entire SCAG region are estimated to be approximately 176.79 million metric tonnes of CO, per year and approximately 496.95 million metric tonnes of CO, per year for the entire State. Project-related GHG emissions are not project-specific impacts to global warming but are instead the project's contribution to this cumulative impact. Project-related CO, emissions and their contribution to global climate change impacts in the State of California are less than significant and less than cumulatively considerable because: (1) the project's impacts alone would not cause or significantly contribute to global climate change, and (2) the net increase in air pollutant emissions would not exceed the SCAQMD thresholds for criteria pollutants. However, in order to ensure that the proposed project complies with and would not conflict with or impede the implementation of reduction goals identified in AB 32, the Governor's Executive Order S-3- 05, and other strategies to help reduce GHGs to the level proposed by the Governor, Mitigation Measure 4.1.5.1 OA is proposed(DEIR pp.4.1-51). Finding: Implementation of Mitigation Measures 4.1.5.10A will reduce the potential impacts related to global climate change to a less than significant level. Mitigation Measure 4.1.5.10A: To the extent feasible and to the satisfaction of the City, the following measures shall be incorporated into the design and construction of the project (including specific building projects): Construction and Building Materials • Use San Bernardino/Riverside County produced and/or manufactured building materials for construction of the project; Page 13 of 41 83 • Recycle/reuse demolished constriction material; and • Use "Green Building Materials," such as those materials that are resource efficient, and recycled and manufactured in an environmentally friendly way, including low Volatile Organic Compound(VOC) materials. Energy-Efficiency Measures • Design all project buildings to exceed California Building Code's Title 24 energy standard by 10%, including, but not limited to any combination of the following: o Increase insulation such that heat transfer and thermal bridging is minimized; o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption; and o Incorporate ENERGY STAR or better rated windows, space heating and cooling equipment, light fixtures,appliances or other applicable electrical equipment. • Provide a landscape and development plan for the project that takes advantage of shade, prevailing winds, and landscaping. • Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. • Install light colored"cool"roofs and cool pavements. • Install energy-efficient heating and cooling systems, appliances and equipment, and control systems. • Install solar or light emitting diodes(LEDs) for outdoor lighting. Water Conservation and Efficiency Measures • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus other innovative measures that might be appropriate: o Create water-efficient landscapes within the development; o Install water-efficient irrigation systems and devices, such as soil moisture based irrigation controls; o Use reclaimed water for landscape irrigation within the project and install the infrastructure to deliver and use reclaimed water; o Design buildings to be water-efficient by installing water-efficient fixtures and appliances, including low-flow faucets, dual-flush toilets and waterless urinals; and o Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated surfaces) and control runoff. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber,metal, and cardboard); • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas; and • Provide employee education about reducing waste and available recycling services. Page 14 of 41 81 Implementation of this mitigation measure is feasible and the City Council adopts and incorporates this mitigation measures into the Project. Supporting Explanation: After implementation of Mitigation Measure 4.1.5.10A and application of regulatory requirements, the Project would implement appropriate GHG reduction strategies and would ensure that it does not conflict with or impede implementation of reduction goals identified in AB 32, the Governor's Executive Order 5-3-05, and other strategies to help reduce GHGs to the level proposed by the Governor. Therefore, the Project's contribution to GHG emissions would be reduced to a less than significant level (DEIR pp 4.1-56). B. Cultural Resources 1. Paleontological Resources: Although the possibility of finding archaeological and paleontological resources is remote for the project site (DEIR pp. 4.2-7), grading on the site would be required. On-site excavation may uncover previously undetected subsurface archaeological resources, resulting in a significant impact. Finding: Implementation of Mitigation Measure 4.2.5.1A will reduce the potential impact related to paleontological resources to a less than significant level. Mitigation Measure 4.2.5.1A: In the event that a paleontological or archaeological resource is uncovered dunng the course of the project, ground-disturbing activities in the vicinity of the find shall 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 grading of construction shall be recorded and/or removed per applicable City and/or State regulations Implementation of this mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates this mitigation measure into the Project. The mitigation measure would reduce the impact to a less than significant level. Supporting Explanation: Implementation of Mitigation Measure 4.2.5.1A will require that in the event that a paleontological or archaeological resource is uncovered during project grading or construction that the activity around the find be redirected so that the possible resource can be protected in place until the nature and extent of the find can be evaluated by a qualified archaeologist and/or paleontologist. Therefore, adherence to Mitigation Measure 4.2.5.1A would reduce the impact to a less than significant level. 2. Unique Ethnic Cultural Values: While no evidence has been identified suggesting that the Project site possesses unique ethnic cultural values, nor is it likely to possess such resources, the movement of onsite soils may uncover previous unidentified cultural resources (DEIR pp. 4.2-7). The discovery of unidentified cultural resources would be a significant impact. Finding: Implementation of Mitigation Measure 4.2.5.1A will reduce the potential impacts related to unique ethnic cultural values to a less than significant level. Mitigation Measure 4.2.5.1A: In the event that a paleontological or archaeological resource is uncovered during the course of the project, ground-disturbing activities in the vicinity of the find shall 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 Page 15 of 41 85 during the course of project-related grading or construction shall be recorded and/or removed per applicable City and/or State regulations. Implementation of this mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates this mitigation measure into the Project. The mitigation measure would reduce the impact to a less than significant level. Supporting Explanation: Should cultural resources be uncovered during grading activities, implementation of Mitigation Measure 4.2.5.1A would require that grading activities be redirected so that the suspected resources are protected until it can be evaluated by a qualified archaeologist and/or paleontologist.Therefore, adherence to Mitigation Measure 4.2.5.1A would reduce the impact to a less than significant level. 3. Historic or Prehistoric Cultural Resources: The existing residence located at 22273 Barton Road is a historic period(i.e., pre-1957) structure, which was identified and recorded. The DEIR(pp. 4.2- 6) determined that the residence does not meet any of the four criteria used to determine if a resource is of significance and therefore, the building is not eligible for the California Register and is not considered to be a "historic resource" as defined by CEQA. However the unrecorded resource will be required to be documented on the Department of Parks and Recreation(DPR)Form 523. Finding: Implementation of Mitigation Measure XIV.B will reduce the potential impacts related to Historic or Prehistoric Cultural Resources to a less than significant level. Mitigation Measure XIV.B The project applicant for Phase V shall ,perform a recordation of the existing residence located within the project limits through completion and submission of DPR Form 523, if not previously completed. Implementation of this mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates this mitigation measures into the Project. The mitigation measures would reduce the impact to a less than significant level. Supporting Explanation: Implementation of Mitigation Measure XIV.B would require that the residence be documented on the Department of Recreation DPR Form 523. Therefore, adherence to Mitigation Measure XIV.B would reduce the impact to a less than significant level. C. Transportation/Circulation 1. Year 2011 (Phase I/Development Unit 1 and 2) With Project Conditions (Intersection) Traffic and Level of Service Impacts: The two, listed below, are forecast to exceed satisfactory levels in the year 2011 (Phase 1)with Project conditions resulting in a significant impact. • Michigan Street/Main Street. The intersection would experience LOS F conditions in the a.m. peak hour. • Mount Vernon Avenue/Main Street. The intersection would experience LOS F conditions in the a.m. and p.m. peak hours. In addition, the intersection of I-215 Northbound Ramp/Barton Road is projected to have queues longer than the available storage space; therefore. mitigation is required to lengthen the eastbound left turn pocket on Barton Road between the 1-215 Southbound and Northbound ramps. Finding: Implementation of Mitigation Measures 4.4.6.1A through 4.4.6.11) will reduce Year Pa,e 16 of 41 8E 2011 (Phase I) With Project Conditions (Intersection) Traffic and Level of Service Impacts to a less than significant level. Phase I,Development Unit 1 Mitigation Measure 4.4.6.1A Prior to issuance of a building permit for any portion of Phase I, Development Unit 1, the applicant or their designee shall pay the appropriate Traffic Signal Improvement and Circulation Improvement Fees in accordance with Sections 4.104.030 and 4.104.040 of the City of Grand Terrace Municipal Code. Mitigation Measure 4.4.6.1B: As a condition of issuance of certificate of occupancy for any portion of Phase I, Barton Road shall be re-striped between I-215 Northbound Ramps and I-215 Southbound Ramps to provide 230 feet of storage space for the westbound left-turn lane and 60 feet of storage space for the eastbound left-turn lane. The traffic signal timings at the intersection of I-215 Southbound Ramps/Barton Road and the intersection. of I-215 Northbound Ramps/Barton Road shall be optimized. Phase I,Development Unit 2 Mitigation Measure 4.4.6.1C: As a condition of issuance of a building permit for any portion of Phase I, Development Unit 2, the applicant or their desingee shall pay the appropriate Traffic Signal Improvement and Circulation Improvement Fees in accordance with Sections 4.104.030 and 4.104.040 of the City of Grand Terrace Municipal Code. Mitigation Measure 4.4.6.1D: The following improvements have been identified as necessary to mitigate Phase I, Development Unit 2 traffic impacts: (i) Michigan Street/Main Street: Widen and/or restripe Michigan Street to provide a northbound left-turn lane and a southbound left-turn lane. Widen and/or restripe Main Street to provide an eastbound left-turn lane and a westbound left-turn lane. Install a traffic signal designed for five-phase operation with protected left-turn phasing in the eastbound and westbound directions. The traffic signal and northbound and southbound left-turn lanes shall be constructed by the County, the Colton Unified School District, and the City. The applicant or their designee shall be responsible for its fair share of the costs to provide the additional eastbound and westbound turn lanes at this intersection, as these improvements are not included in the City's Circulation Improvement Fee program. Such fair share shall be calculated and paid to the City as a condition of issuance of the first building permit for any Phase I construction. (ii) Mount Vernon Avenue/Main Street: Widen and/or restripe Mount Vernon Avenue to provide a northbound left-turn lane, a second northbound through lane, and a southbound left-turn lane. Widen and/or restripe Main Street to provide an eastbound left-turn lane and a westbound left-turn lane. Install a traffic signal designed for eight phase operation. The City shall be responsible for design and construction of the traffic signal and street improvements. The City shall complete the traffic signal and street improvements prior to occupancy of the first building for any Phase I, Development Unit 2 construction. The applicant or their designee shall be responsible for the fair share costs of street improvements not covered by the City's Circulation Improvement Fee program. Implementation of these mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates these mitigation measures into the Project. These mitigation measures would reduce the impacts to a less than significant level. Page 17 of 41 87 Supporting Explanation: The re-stnpmg of Barton Road at Interstate I-215 will provide additional storage space for vehicle queuing. The payment of Traffic Signal Improvement Fees shall satisfy the applicant's responsibility for its fair share of traffic signal improvements at the intersection of Michigan Street/Main Street and Mount Vernon Avenue/Main Street. With the implementation of the recommended improvements, the minimum level of service standards would be maintained for the 2011 (Phase I) with Project study area intersections, and impacts would be reduced to a less than significant level for all identified intersections (DEIR pp. 4.4-37). 2. Year 2012 (Phase II/Development Unit 3) With Project Conditions (Intersection) Traffic and Level of Service Impacts: All study intersections would operate within the City's LOS D standard at build-out of Phase II of the Project and with implementation of all improvements defined for year 2011, plus Phase I Mitigation Measure 4.4.6.1B and Mitigation Measure 4.4.6.11). However, without implementation of the Phase I mitigation measures, should Phase II precede Phase I, Phase II would contribute toward a level of service deficiency at the same two intersections identified as a significant impact under Phase I, Development Units 1 and 2. This would result in a significant impact and mitigation would be required. Finding: Implementation of Mitigation Measures 4.4.6.2A through 4.4.6.213 will reduce the Year 2012 (Phase IUDevelopment Unit 3) With Project Conditions (Intersection) Traffic and Level of Service Impacts to a less than significant level. Mitigation Measure 4.4.6.2A: As a condition of issuance of a building permit for any portion of Phase II, Development Unit 3, the applicant or their designee shall pay the appropriate Traffic Signal Improvement and Circulation Improvement Fees in accordance with Sections 4.104.030 and 4.104.040 of the Grand Terrace Municipal Code. Mitigation Measure 4.4.6.213: As a condition of issuance of a building permit for any portion of Phase H, Development Unit 3, the Project applicant shall implement Mitigation Measure 4.4.6.113 and Mitigation Measure 4.4.6.11), if not already completed. Implementation of these mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates these mitigation measures into the Project. These mitigation measures would reduce the impacts to a less than significant level. Supporting Explanation: Implementation of the mitigation measures above will ensure the maintenance of the City's LOS Dstandard at all study intersections with the addition of Phase IUDevelopment Unit 3 traffic. All impacts would be reduced to a less than significant level. 3. Year 2014 (Phase HI/Development Unit 4) With Project Conditions (Intersection) Traffic and Level of Service Impacts: With the 'addition of Phase III/Development Unit 4 traffic, all intersections analyzed are projected to operate at satisfactory levels of under Year 2014 (Phase III/Development Unit 4) with Project conditions; and with implementation of mitigation measures established for Year 2011 (Phase I/Development Unit 1 and 2) and 2012 (Phase IUDevelopment Unit 3) plus Project traffic conditions, with the exception of the following two intersections: • La Cadena Drive/Barton Road, and • I-215 Southbound Ramps/Barton Road Page 18 of 41 81 Finding: Implementation of Mitigation Measures 4.4.6.3A through 4.4.6.3D will reduce Year 2014 (Phase III/Development Unit 4) With Project Conditions (Intersection) Traffic and Level of Service Impacts to a less than significant level. Mitigation Measure 4.4.6.3A: As a condition of issuance of a building permit for any portion of Phase I11, Development Unit 4, the applicant or their designee shall pay the appropriate Traffic Signal Improvement and Circulation Improvement Fees in accordance with Sections 4.104.030 and 4.104.040 of the Grand Terrace Municipal Code. Mitigation Measure 4.4.6.3B: As a condition of issuance of a building permit for any portion of Phase III, Development Unit 4, the project applicant or their designee shall implement Mitigation Measure 4.4.6.1B and Mitigation Measure 4.4.6.1E if not already completed. Mitigation Measure 4.4.6.3C: The following improvements have been identified as necessary to mitigate Phase I11, Development Unit 4, traffic impacts: (i) La Cadena Drive/Barton Road: Unless the General Plan Update is establishing LOS D as the acceptable level of service, that applicant or their designee shall widen and/or restripe Barton Road to provide an exclusive westbound right-turn lane as part of modifying the existing traffic signal to install a westbound right-turn overlap phase. As a condition of issuance of a building permit for any portion of Phase III, the applicant or their designee shall contribute to the City of Colton its fair share of the cost for these improvements. Mitigation Measures 4.4.6.3D: Prior to issuance of a certificate of occupancy for the 170,001 square feet of building gross floor area or Phase III, Development Unit 4, whichever comes first and if construction on the Barton Road/1-215 interchange has not begun, the intersection of I-215 Southbound Ramps (N-S) / Barton Road (E-W) shall be improved to provide the following geometries: • Southbound: one left-turn lane and one shared left-turn/through lane; • Eastbound: one left-turn lane, one through lane, and one shared through/right-turn lane; and • Westbound: one left-turn lane and one shared through/right-turn lane. The intersection of I-215 Northbound Ramps (N-S) / Barton Road (E-W) shall be improved to provide the following geometries: - - Northbound: one left-tum lane and two right-turn lanes. • Eastbound: one left-turn lane and two through lanes. • Westbound: one through lane and one right-turn lane. The City shall be responsible for the cost to prepare any studies required by Caltrans in order to consider approval of the encroachment. When Caltrans approves the encroachment permit, the City shall be responsible for the construction of the improvements, with fair-share participation by the applicant or their designee in the amount of 30 percent of the construction cost. The improvements shall be completed prior to issuance of a certificate of occupancy for the 170,001 square feet of building gross floor area or Phase 1II, Development Unit 4, whichever comes first. Implementation of these mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates these mitigation measures into the Project. These mitigation measures Page 19 of 41 89 would reduce the impacts to a less than significant level. Supporting Explanation: Figure 4.4.3 and Table 4.4.H of the DEIR illustrate the intersection geometrics resulting from the recommended intersection improvements for Year 2014 (Phase III/Development Unit 4) with project conditions and intersection levels of service with these improvements, respectively (DEIR pp. 4.4-25 — 4.4-43). With the implementation of Mitigation Measures 4.4.6.3A through 4.4.6.3D all Phase III/Development Unit 4 impacts will be reduced to a less than significant level. 4. Year 2030 With Project Conditions (Intersection) Traffic and Level of Service Impacts: The DEIR determined that all intersections examined are projected to operate at satisfactory levels of service under year 2030 with project conditions with the exception of the following intersections, resulting in a significant impact requiring mitigation (DEIR pp. 4.4-42): • La Cadena Drive/Barton Road; • I-215 Southbound Ramps/Barton Road; • Mount Vernon Avenue/Barton Road; and • Mount Vernon Avenue/Main Street. Finding: Implementation of Mitigation Measures 4.4.6.4A through 4.4.6.3D will reduce the Year 2030 With Project Conditions (Intersection) Traffic and Level of Service Impacts to a less than significant level. Mitigation Measure 4.4.6.4A As a condition of issuance of a building permit for any portion of Development Unit 5, the applicant or their designee shall pay the appropriate Traffic Signal Improvement and Circulation Improvement Fees in accordance with Sections 4.104.030 and 4.104.040 of the Grand Terrace Municipal Code. Mitigation Measure 4.4.6.411 As a condition of issuance of a building permit for any portion of Development Unit 5, the project applicant or their designee shall implement Mitigation Measures 4.4.6.1A,4.4.6.1E, and 4.4.6.3C, if not already completed. Mitigation Measure 4.4.6.4C The following improvements have been identified in the TIA as necessary to mitigate traffic impacts of Development Units 1 through 5: (i) Mount Vernon Avenue/Barton Road: Mount Vernon Avenue/Barton Road: Widen and/or restripe Mount Vernon Avenue to provide a second southbound left-turn lane and an exclusive southbound right-turn lane and to provide a second northbound left-turn lane and an exclusive right-turn lane. Widen and/or restripe Barton Road to provide an exclusive eastbound right-turn lane. Modify the existing traffic signal and install a northbound right-turn overlap phase. The exclusive northbound right-turn lane and the exclusive eastbound right-turn lane are covered under the City's current Circulation Improvement Fee, while a portion of the traffic signal modification costs are covered under the City's current Traffic Signal Improvement Fee. The payment of Traffic Signal Improvement and Circulation Improvement Fees will partially satisfy the applicant's responsibility for these improvements. The applicant or their designee of Development Unit 5 shall be responsible for the cost of an assessment study to determine the applicant's or their designee's fair share of' the improvement costs. If the assessment study finds that the northbound left-turn lane is not Page 20 of 41 9( feasible, the City shall identify alternative improvement(s) that may be substituted. The assessment study for these improvement(s) may be included in the assessment study required in Mitigation Measure 4.4.6.1E(i). Such fair share will be calculated and paid to the City as a condition of issuance of the first building permit for Development Unit 5 construction (ii) La Cadena Drive/Barton Road: Widen and/or restripe Barton Road to provide a second westbound left-turn lane. Modify the existing traffic signal and install a northbound right- turn overlap phasing. Upon application for a building permit for any portion of Development Unit 5, the applicant or their designee shall contribute its fair share of the cost for these improvements, based on a study to be prepared at the applicant's or their designee's expense, and which is subject to review and approval by the City. Mitigation Measure 4.4.6.4D Unless already completed prior to Development Unit 5 and provided that Commerce Way extension has been constructed, the applicant or their designee shall be responsible at its sole expense for the following driveway improvement at Commerce Way at Driveway No. 5: The final signing and striping plan of the Commerce Way Extension at Driveway No. 5 shall be designed to include single 60-foot northbound and southbound left-turn lanes to accommodate projected traffic volumes and storage requirements. These left-turn lanes shall be within the proposed two-way left-turn lane. The eastbound and westbound approaches of Driveway No. 5 shall provide one inbound lane and two outbound lanes with an exclusive left- turn lane and a shared through/right-turn lane. The outbound lanes shall be designed to accommodate a queue of at least five vehicles or approximately 110 feet from the back of the sidewalk. If these improvements have been completed prior to Development Unit 5, the applicant or their designee shall pay its fair share of the improvements based on the costs of the improvements. Implementation of these mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates these mitigation measures into the Project. These mitigation measures would reduce the impacts to a less than significant level. Supporting Explanation: As shown in Table 4.4.I of the DEIR (DEIR pp.4.4-49) with the exception of the intersection of Mount Vernon Avenue/Barton Road, implementation of the mitigation measures would maintain the minimum level of service standards for the 2030 with project study area,intersections and impacts would be reduced to a less than significant level for all remaining intersections. Due to physical roadway constraints, there is no feasible mitigation over and above the mitigation measure identified for the intersection of Mount Vernon Avenue/Barton Road to reduce impacts to a less than significant level, which will be discussed further in Section 7 of this Resolution. ' 5. Design Features or Incompatible Uses: Proper signalization and signal sequencing to facilitate roadway traffic flows, and adequate outbound queuing distances are required to minimize ingress and egress hazards. Traffic movements at project driveways and internal circulation within the project site may increase hazards in the form of unclear right-of-way and the addition of conflict points to traveling motorists and pedestrians. This is a significant impact requiring mitigation. Finding: Implementation of Mitigation Measures 4.4.6.6A through 4.4.6.6D will reduce potential impacts related to design features or incompatible rises to a less than significant level. Mitigation Measure 4.4.6.6A: Prior to issuance of the first Certificate of Occupancy in Development Unit 1, the project applicant shall construct the following traffic improvements: Page 21 of 41 91 • Barton Road at Driveway No. I• Access shall be right-turn in/out only. A stop sign and stop bar shall be installed at the project driveway. The driveway shall be designed to accommodate an outbound queue of at least one vehicle or approximately 20 feet from the back of the sidewalk. • Barton Road at Driveway No. 2: The final signing and striping plan of Barton Road at Driveway No. 2 shall be designed to include a single 200-foot westbound left-turn lane with a 90-foot transition and a single 60-foot eastbound left-turn lane with a 90-foot transition to accommodate projected traffic volumes and storage requirements. Driveway No. 2 shall provide two inbound lanes and two outbound lanes with an exclusive left-turn lane and a shared through/right-turn lane. The two outbound lanes shall be designed to accommodate a queue of 11 vehicles or approximately 242 feet from the back of the sidewalk. A five-phase traffic signal shall be installed at this project driveway. • Michigan Street at Driveway No. 4: Full access shall be permitted at this driveway. A stop sign and stop bar shall be installed at the project driveway. The final signing and striping plan of Michigan Street at Driveway No. 4 shall be designed to include a single 60-foot southbound left-turn lane with a 90-foot transition to accommodate projected traffic volumes and storage requirements. Driveway No. 4 at Michigan Street shall provide one inbound lane and one outbound lane with a shared left turn/nght-turn lane. The outbound lane shall be designed to accommodate a queue of at least two vehicles or approximately 40 feet from the back of the sidewalk. • Commerce Way/Michigan Street at Driveway No. 5: Full access shall be permitted at this driveway opposite existing Commerce Way. Interim access, prior to the extension of Commerce Way, shall be controlled by a stop sign and stop bar installed at the project driveway. The driveway shall be designed to accommodate an outbound queue of at least two vehicles or approximately 40 feet from the back of the sidewalk. Mitigation Measure 4.4.6.6B: Prior to finalization of the site plan for Development Units 1, 2, and 3, a detailed truck access and circulation evaluation shall be prepared. Further, once a "truck route" has been defined, it is recommended that the drive aisles be designed to a minimum width of 30 feet to accommodate the turning requirements of large trucks. It is recommended that a detailed on-site signing and striping plan, as well as a directional sign program be developed and reviewed by the City of Grand Terrace to ensure vehicular conflicts are minimized at key internal intersections of the site plan. Mitigation Measure 4.4.6.6C: Prior to issuance of the first Certificate of Occupancy in Development Unit 3, the applicant shall be responsible at its sole expense for the following driveway improvement at Barton Road and Driveway No. 3: Access shall be right-turn in/out only. A stop sign and stop bar shall be installed at the project driveway. The driveway shall be designed to accommodate an outbound queue of at least two vehicles or approximately 40 feet from the back of the sidewalk. Deceleration lanes may be required for Project Driveway No. 3, as determined by required engineering studies. Mitigation Measure 4.4.6.6D: Prior to issuance of the first Certificate of Occupancy in Development Unit 4, should it precede construction of the Commerce Way extension from Michigan Street to Barton Road, the applicant or their designee shall be responsible at its sole expense for the following driveway improvement at Commerce Way at Driveway No. 5: The final signing and striping plan of the Commerce Way Extension at Driveway No. 5 shall be designed to include single 60-foot northbound and southbound left-turn lanes to accommodate projected traffic volumes and storage requirements. These left-turn lanes Page 22 of 41 92 shall be within the proposed two-way left-turn lane. The eastbound and westbound approaches of Driveway No. 5 shall provide one inbound lane and two outbound lanes with an exclusive left-turn lane and a shared through/right-turn lane. The outbound lanes shall be designed to accommodate a queue of at least five vehicles or approximately 110 feet from the back of the sidewalk. If Commerce Way is constructed, or designed and funded„ prior to approval of Development Unit 4, the outbound lanes shall be designed to accommodate traffic queuing appropriate to the project and traffic control at Driveway No. 5, as determined by the City Engineer. Implementation of these mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates these mitigation measures into the Project. These mitigation measures would reduce the impacts to a less than significant level. Supporting Explanation: Project parking areas and circulation features would be designed and constructed to satisfy City requirements, including proper signalization and signal sequencing to facilitate roadway traffic flows. The design of all roadways and intersections within the Project site would incorporate design standards identified by the City and tailored specifically to site access requirements. Paved walkways would be provided throughout the project and would incorporate appropriate handicapped access features. The project would not create a hazard or barrier for pedestrians or bicyclists. Compliance with City design standards identified in the BRSP for these features would ensure no impact related to this issue would occur. Adherence to Mitigation Measures 4.4.6.6A through 4.4.6.6D would reduce impacts associated with this issue to a less than significant level. SECTION 7 ENVIRONMENTAL IMPACTS THAT REMAIN SIGNIFICANT AFTER THE IMPLEMENTATION OF MITIGATION MEASURES The City Council of the City of Grand Terrace finds that the following environmental impacts identified in the Final EIR will have a significant impact on the environment and that even with the adoption and implementation of mitigation measures, this impact will remain significant, as summarized below. A.Air Quality 1. Long-term Project-Related Emissions Impacts: Long-term air pollutant emission impacts resulting from the Project are those associated with stationary sources and mobile sources (e g. emissions from landscape maintenance activities and other facility maintenance operations and the use of motor vehicles by project-generated traffic). While the project will be implemented in five phases, for the purposes of analysis, the Traffic Impact Analysis prepared for the Project assumed that the Project would be implemented in three phases. When completed, the project would generate a total of 8,346 daily trips. The air quality analysis assesses the mobile source emissions generated by vehicles driving to and from the Project site and area source emissions generated by Project maintenance operations. As identified in Table 4.LP of the DEIR, emissions from the project-related mobile sources would exceed the thresholds for CO and NOx based on emission factors for the year of operation. Therefore, Project related long-term air quality impacts would be significant and mitigation measures are required(DEIR 4.1-57). Finding: There are no feasible mitigation measures that can be implemented to reduce long-term operational emissions of CO and NOx. Supporting Explanation: Because it is not known what type of on-site equipment will be used, it is not possible to quantity the reduction in the amount of emissions that may occur. As such, no Page 23 of=41 93 additional reduction in operational emissions was taken. Considering the volume of emissions generated and current commuter habits, it is unlikely the implementation of Transportation Demand Management/Transportation Control Measures would result in a reduction of operational project emissions to below existing SCAQMD thresholds. No other feasible mitigation measures have been identified to reduce the operational emissions of CO and NOx to a less than significant level, and thresholds will continue to be exceeded. The project site is located in a non attainment air basin for criteria pollutants and Project generated emissions would contribute to the continuation of non attainment status in the Basin. In the absence of mitigation to reduce the Project's contribution of CO and NOx emissions to below SCAQMD thresholds, potential long- term air quality impacts resulting from the operation of the Project will remain significant and unavoidable. 2. Localized Operational Emissions. The primary emissions from operational activities include NOx ,CO, PMIo, and PM1.5 from stationary sources and/or on-site mobile equipment. As indicated in Table 4.LQ of the DEIR, operational emission rates for PM10 exceed the LST thresholds at 25 meters, resulting in a significant impact requiring mitigation(DEIR 4.1-58). Finding: There are no feasible mitigation measures that can be implemented to reduce long-term operational emissions of PMio• Supporting Explanation: It is not known what type of on-site equipment will be used during Project operation; therefore it is not possible to quantify the reduction in the amount of emissions that may occur. Thus, no additional reduction in operational emissions were taken. No other feasible mitigation measures have been identified to reduce the localized operational emissions of PM10 to a less than significant level, and operational emissions will continue to exceed thresholds. The project site is located in a non attainment air basin for criteria pollutants and localized Project generated emissions would contribute to the continuation of non attainment status in the Basin. In the absence of mitigation to reduce the Project's contribution of PM10 emissions to below SCAQMD thresholds, potential long-term air quality impacts resulting from the operation of the Project will remain significant and unavoidable. 3. Cu mulativeImp acts a. Long-term Regional Air Quality Impacts.The Project would exceed emission standards for CO and NOx and would contribute to long-term regional air pollutants despite implementation of mitigation measures. Because the Basin is in a non attainment for PM10, PM1.5, and ozone at the present time, the operation of the Project would exacerbate and contribute to adverse cumulative air quality impacts. Implementation of the Proposed project would unavoidably contribute to significant long-term cumulative air quality impacts. b. Climate Change Impacts.It is not possible to determine whether the Project individually will have a significant impact on global warming or climate change; however, it will contribute to cumulative greenhouse gas (GHG) emissions in California. The proposed project would contribute approximately 0.002 percent of California's 2004 total emissions for carbon dioxide, methane, and nitrous oxide (492 Tg CO2 Eq). Mitigation :Measure 4.1.5.1OA will likely reduce the Project's emissions of GHG's; however, without the necessary science and analytical tools, it is not possible to determine with certainty whether the Project's emissions of GHG"s will be cumulatively considerable, within the meaning of CF0A Guidelines Sections 15065(a)(3) and 15130.Given the findings of AB 32, t.f SB 97 and the reCluirements of CEQA, the L-ad Agency must determine whether a project will or will not have a cumulatively considerable contribution. With implementation of the strategies and programs described in Chapter 4.1 of the DEIR, the Page 24 of 41 94 Project is consistent with the strategies to reduce California's emissions to the levels proposed in Executive Order S-3-05. However, given the uncertainty of data and appropriate methodology to accurately analyze, and the inability to quantify the reduction achieved through implementation of strategies and programs previously identified, the Project's GHG emission contribution would result in a cumulative impact regarding global climate change and the cumulative impacts of the proposed project on global climate change are considered to be significant and unavoidable. B. Traffic/Circulation 1. Year 2030 With Project Conditions (Freeway) Traffic and Level of Service Impacts: Design Features or Incompatible Uses: Both northbound and southbound directions of I-215 between SR-60 and Orange Show Road/Auto Plaza Drive, encompassing seven study freeway segments, will operate at an unacceptable level of service (LOS F) without improvements for year 2030 traffic conditions with Project traffic during the p.m. peak hour (DEIR pp. 4.4-49). This results in a significant impact. Finding: Implementation of Mitigation Measure 4.4.6.5A will reduce potential impacts under Year 2030 With Project Conditions (Freeway); however, this impact remains significant and unavoidable. Mitigation Measure 4.4.6.5A: Upon the establishment of a regional fee program, the City shall work with SANBAG and Caltrans to determine the appropriate fair share contribution for Development Units 1, 2, 3, 4, and 5 for the construction of the recommended freeway improvements on I-215 and the fair-share contribution shall be held in trust by the entity identified in the fee program. The Project's fair share costs shall be based on the Project's contribution to total trips for the affected locations. If, within five years of the date of collection of Developer's fair-share contribution, the contribution has not been used then the Developer's fair-share contribution shall be returned to the Developer. Implementation of this mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates this mitigation measure into the Project. However, even with incorporation of Mitigation Measure 4.4.6.5A, this impact remains significant. Supporting Explanation: With the implementation of Mitigation Measure 4.4.6.5A and associated freeway segment improvements discussed in the DEIR (DEIR pp. 4.4-50), the minimum level of service standards would be maintained for the 2030 with project study area freeway segments. Although the addition of an HOV lane plus three or four mixed-flow lanes would result in acceptable levels of service;-the SCAG RTIP currently calls for the addition of one HOV lane and one mixed-flow lane in each direction on I-215 from the SR-60/SR-91/1-215 interchange in Riverside to the Orange Show Road interchange in San Bernardino. Further, preliminary engineering and environmental analysis of this RTIP freeway mainline project is currently underway in a coordinated effort involving the FHWA, Caltrans, SANBAG, RCTC, and the affected local counties and cities. Although the SCAG RFTP currently shows one HOV lane and one mixed-flow lane in each direction, the freeway mainline project has been modified to include the addition of one HOV lane in each direction (and no mixed-flow lane) by year 2015, with plans for an additional mixed-flow lane removed from consideration. Given the current efforts by these agencies to add an HOV lane in each direction by year 2015 together with the elimination of plans to add a mixed-flow lane each way, it is unlikely that three to four mixed- flow lanes will be planned and programmed by year 2030. For these reasons, impacts to freeway mainline lanes would remain significant and unavoidable for all identified segments. Page 25 of 41 95 2. Mount Vernon Avenue/Barton Road Intersection: The DEIR determined that the intersection of Barton Road/Mount Vernon Avenue is projected to operate at unsatisfactory levels of service under year 2030 with project, resulting in a significant impact requiring mitigation(DEIR pp. 4.4- 42): Finding: Implementation of Mitigation Measures 4.4.6.4C(i) will reduce potential impacts under Year 2030 With Project Conditions (Intersection); however, the impact remains significant and unavoidable: Mitigation Measure 4.4.6.4C(i): : Mount Vernon Avenue/Barton Road: Widen and/or restripe Mount Vernon Avenue to provide a second southbound left-turn lane and an exclusive southbound right-turn lane and to provide a second northbound left-turn lane and an exclusive right-turn lane. Widen and/or restripe Barton Road to provide an exclusive eastbound right-turn lane. Modify the existing traffic signal and install a northbound right-turn overlap phase. The exclusive northbound right-turn lane and the exclusive eastbound right-turn lane are covered under the City's current Circulation Improvement Fee, while a portion of the traffic signal modification costs are covered under the City's current Traffic Signal Improvement Fee. The payment of Traffic Signal Improvement and Circulation Improvement Fees will partially satisfy the applicant's responsibility for these improvements Implementation of this mitigation measures is feasible, and the City Council of the City of Grand Terrace adopts and incorporates this mitigation measure into the Project. However, even with incorporation of Mitigation Measure 4.4.6.4C(i), this impact remains significant and unavoidable. Supporting Explanation: Due to physical roadway constraints, there is no feasible mitigation over and above Mitigation Measure 4.4.6.4C(i)to reduce impacts to a less than significant level. Therefore, the addition of project traffic to the year 2030 baseline scenario, would cumulatively contribute to LOS deficiencies at the intersection of Mount Vernon Avenue/Barton Road resulting in a significant and unavoidable impact. Although, it should be noted that the LOS deficiencies experienced at the Mount Vernon Avenue/Barton Road intersection would also occur during the 2030 baseline scenario and that Mitigation Measure 4.4.6.4 (i)would improve the LOS at this location when compared to the baseline scenario, the improvement would not result in maintaining the City's adopted LOS standard,and this remains a significant impact. SECTION 8 CUMULATIVE IMPACTS Cumulative impacts refer to one or more individual effects which considered together compelled or increase the environmental impact of the Project. State CEQA Guidelines require a discussion of the Cumulative impacts of a Project "when the Projects incremental effects are cumulatively considerable." For example, when the incremental effects of an individual 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 City Council of the City of Grand Terrace finds and determines that the discussion of cumulative impacts in the Final EIR provides adequate and sufficient discussion of the cumulative impacts of the Project pursuant to CEQA Guidelines Section 15130. Cumulative impacts are discussed in Chapters 2.0, 4.0 and in 5.0 of the EIR. The City Council further 'finds that the cumulative impacts addressed would be less than significant, as set forth in Section 5 herein, or mitigated to a less than significant level by incorporation of mitigation measures into the Project,'as set forth in Section 6 herein, with the exception of the following environmental impacts that remain ;significant even with the implementation of mitigation measures as set forth in Section 7 herein: Air Quality; (long-term Project Page 26 of41 9( related emissions and cumulative air emissions-failure to meet State and Federal ambient air quality standards). While on a project-level, no global climate change impact would occur, the Project will contribute to cumulative greenhouse gas emissions in California. However, without the necessary science and analytical tools, it is not possible to determine with certainty, whether the Project's emissions of greenhouse gases will be cumulatively considerable, within the meaning of CEQA Guidelines Sections 15065(a)(3) and 15130. The CARB is currently in the process of designing regulations to monitor, limit, and ultimately reduce California greenhouse gas emissions but there are as yet no clear standards for assessing the significance of cumulative impacts from projects. Given the findings of AB 32 and the requirements of CEQA, the lead agency must determine whether a project will or will not have a cumulatively considerable contribution. Due to the lack of guidance for determining the significance of cumulative impacts to climate change from projects, and out of an overabundance of caution, the effect of 0.013 Tg CO, Eq is considered cumulatively considerable (Draft EIR p 4.1-60). This determination is based upon a lack of clear scientific and regulatory criteria for determining the level of significance of the Project's contribution to global climate change. At this time, it is unknown if global warming can be reversed through the use of greener technology, economic regulations and social practices. Project-related CO, emissions and their contribution to global climate change impacts in the State of California are less than significant and less than cumulatively considerable because the project's impacts alone would not cause or significantly contribute to global climate change. SECTION 9 SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Determining whether the Project may result in significant irreversible effects requires a determination of whether key resources would be degraded or destroyed in such a way that there would be little possibility of restoring them. The Project would permanently alter the 21-acre site by converting an area that is primarily vacant to urban uses. No significant cultural, mineral, or scenic resources were identified within the Project limits; therefore, no significant impacts related to these issues would result from development of the Project. While the project site does contain a historic-period (i.e., pre- 1957) residence, this residence is ineligible for inclusion in the National Register of Historic Places (National Register) or the California Register of Historic Places(California Register).Therefore, this residence does not constitute a historic resource pursuant to CEQA. (However, unrecorded resource will be documented and evaluated on the Department of Parks and Recreation (DPR) Form 523.) Because this residence does not constitute a historic resource, no significant irreversible environmental change would occur(DEIR pp. 5-2); Natural resources in the form of common building materials (e.g., lumber, concrete, aggregate, iron/steel/other metals, and vehicle fuel/petroleum-based products) would be utilized in the construction of the proposed project, while energy resources in the form of electricity and natural gas would be used during the long-term operation of the project. These resources are generally available within the region; thus, the use of these resources is not expected to negatively impact their availability. The Project is consistent with the City's General Plan land use designation indicating that growth has been anticipated by the City. Further, the proposed project would be required to comply with the updated Title 24 standards for building construction. In addition, the project would be required to comply with the requirements of Mitigation Measure 4.1.5.10A, including measures to incorporate energy-efficient building design features(DEIR pp. 5-2). Paue 27 of 41 97 SECTION 10 GROWTH INDUCING IMPACTS CEQA requires a discussion of ways in which the Project could be growth inducing specifically Section 15126.2(d) of State CEQA Guidelines states that EIRs must describe the ways in which the Project could foster economic or population growth or the construction of additional housing either directly or indirectly in the surrounding environment. New employees from commercial or industrial development and new population from residential development represent direct forms of growth. The Project would develop approximately 210,000 square feet of commercial and retail uses on 21-acres of land that is primarily vacant. There is no residential component to the Project. The proposed project site is located within the City's primary commercial corridor and is planned for commercial uses in accordance with the General Plan and Barton Road Specific Plan. Streets, water and sewer utilities, and municipal services already exist in the adjacent roadways and would be extended to the site to serve the proposed Project. The proposed project does not provide infrastructure or service capacity to accommodate growth beyond the levels currently permitted by the General Plan(DEIR pp. 5-3). Construction of the proposed project will create short-term construction jobs. These short-term positions are anticipated to be filled by workers who, for the most part, reside in the project area; therefore, construction of the proposed project will not generate a permanent increase in population within the project area. Implementation of the proposed project would provide approximately 208 permanent employment opportunities to the existing population and would serve future population growth. Given the fact that the City and the County are considered to be jobs-poor regions, it is expected that the short-term construction jobs and long-term jobs created by the proposed project will be filled by current local residents; therefore, there would be little migration to the area and, consequently, little effect on local population size (DEIR pp. 5-3 —5-4). SECTION 11 CONSISTENCY WITH LOCAL AND REGIONAL PLANS A. Grand Terrace General Plan. Implementation of the Project will result in the construction of up to a 209,611 square foot neighborhood commercial center within a 21 acre site. The General Plan states that the General Commercial designation provides for general commercial uses to serve the retail and service needs of the community. The proposed TSMDP is a neighborhood commercial center and its anticipated land uses (i.e., commercial,retail, grocery market, retail, food services) are consistent with the General Commercial Land Use designation. As such, the Project is consistent with the General Plan Land Use designated of General Commercial The Project complies with Land Use Element goals and polices to provide a wide range of retail, service commercial, and employment opportunities; continued development of established commercial areas, and the incorporation of increased setbacks, walls and landscaping between commercial projects and other areas to reduce potential land use incompatibility. It is consistent with the Circulation Element requiring preparation of a traffic analysis prepared in accordance with SANBAG Congestion Management Program (CMP) Traffic Impact Analysis (TIA) Guidelines and requiring that peak hour level of service "D" be maintained, and with policies because sufficient off street parking, bicycle racks and trellised pedestrian walkways will be provided. The Project complies with the Open Space and Conservation Element because mitigation measures have been incorporated requiring conservation of energy resources in building design of Development Unit 1, and the Project will be required to meet federal, state and local regulations governing grading, erosion control, water quality, and cultural resources. It complies with Page 28 of 41 9f Noise Element goals, policies and actions calling for adherence to the Noise Ordinance during construction activities, and preparation of a noise study during the CEQA process to determine potential impacts that could be generated by the Project. Public services are being provided as required by the Public Services Element, and the Project meets several goals polices and actions contained in the Sustainable Development Element calling for energy conservation, recycling, bicycle and pedestrian facilities. B. Barton Road Specific Plan ("BRSP"). The Project site is zoned BRSP-General Commercial, and located within Planning Area 1 of the BRSP requiring the preparation of a master development Plan. The Project is consistent with the BRSP because it establishes the TSMDP which is made of up five Development Units with five corresponding phases. The TSMDP establishes the development standards and uses for the site, and it is consistent with the standards of the BRSP, and Title 18 of the Municipal Code. Therefore, the project is consistent with the provisions of the BRSP. C. Regional Plans. 1. Southern California Association of Governments ("SCAG")Plans and Policies a. Regional Comprehensive Plan ("RCP"). The 2008 RCP serves as a framework to guide decision-making with respect to the growth and changes that can be anticipated in the region. The RCP is an advisory plan that addresses regional issues such as housing, traffic/transportation, water, and air quality, and provides voluntary practices to approach growth and infrastructure challenges in a an integrated manner within the region. The Project is consistent with the Land Use and Housing Chapter of the RCP to focus growth in emerging centers along major transportation corridors, creating walkable communities within walking distance of existing and planned transit stations, and building new business on vacant or redeveloping lots. At build-out of the Project, the Project will result in the development of a neighborhood commercial center over 21 acres located along the Barton Road corridor, one of the City's main transportation corridors in proximity to I-215 and in proximity to existing housing which allows for pedestrian and bicycle connectivity. Further, the Project will create up 208 new jobs improving the City's current jobs to housing balance. The Project is consistent with the Open Space and Housing Chapter of the RCP OS/Habitat to encourage development that reduces costs on infrastructure and makes better use of existing facilities that promotes infill and re-development, and water efficient development. The Project is proposed within the City's identified commercial corridor, and all infrastructure is readily available resulting in a minimal need for new infrastructure. The Project will promote infill development and re-development of land because the site is,located in the City's planned commercial corridor, and the TSMDP will"guide build-out of the approximately 21-acre site over time. Proposed uses will be subject to Title 24 and California Plumbing Code regulations requiring the use of water saving devices. Additionally, the Project is subject to the State's Model Water Efficient Landscape Ordinance which requires the use of water efficient landscaping materials. The project is consistent with the Water Chapter of the RCP to encourage development that make use of existing facilities prior to incurring new infrastructure costs, and that reduces the use of water. Proposed uses will be subject to Title 24 and California Plumbing Code regulations requiring the use of water saving devices. Additionally, the Project is subject to the State's Model Water Efficient Landscape Ordinance which requires the use of water efficient landscaping materials. Page 29 of 41 99 The Project is consistent with the Energy Chapter of the RCP that Projects use resources efficiently, eliminate pollution and waste, promote public and alternative transportation, conserve energy, incorporate green building measures, exceed Title 24 energy efficiency, utilize light colored roofs, and other mechanisms to efficiently use and conserve energy because it would result in development of employment and shopping opportunities in proximity to existing housing. The Project design will include sidewalks, pedestrian access and bikeways along Barton Road and Michigan Street increasing alternative transportation opportunities, and will connect to existing infrastructure.The energy use analysis contained in Section 4.1.5.10 (DEIR pp. 4.1-50) includes strategies for conserving energy and efficient energy use; and the Project includes the implementation of mitigation measures to promote green building measures. The Project is consistent with the Solid Waste Chapter of the RCP which calls for the incorporation of green measures to reduce construction and building lifetime wastes. Table 4.1.0 of the DEIR (pp.4.1-54) list strategies that are considered to be greenhouse gas emission reduction strategies, and which also include green building measures. These strategies are either part of the Project,required as mitigation measures, or requirements under local or State ordinances. The Project promotes the Transportation Chapter of the RCP to provide a more efficient transportation system to better manage vehicle activity because the Project would result in the development of employment and shopping opportunities in close proximity to housing. Additionally, mitigation measures have been incorporated related to transportation improvements. The Project promotes the Security and Emergency Preparedness Chapter to ensure transportation safety, security and reliability. The Project has been designed in conformance with General Plan Circulation policies to provide adequate and reliable transportation facilities. The goals and policies identified in the City's General Plan are similar to those of the RCP that address mobility, traffic safety, environmental concerns, and land use consistency as factors to identify existing traffic conditions and to assess the future effects on area traffic patterns/flow. Further, the traffic impact analysis prepare for the Project identified the necessary public and private improvements necessary for each phase of the Project to ensure transportation safety and reliability. The Project is consistent with the Economy Chapter of the RCP because.the Project provides for economic development within the City while being consistent with the City's and region's sustainability goals. The ultimate development of a 210,000 square foot commercial center will allow the City to be more self reliant through the provision of goods and services to residents and additional employment opportunities. The addition of jobs supports the regional policy of attracting jobs to housing-rich subregions and improving the City's jobs-to-housing ratio. b. Regional Transportation Plan ("RTP"). The 2008 RTP contains a set of existing socioeconomic projections used as the basis for the SCAG's transportation planning efforts. They include projections of population, housing, and employment at the regional, county, subregional, jurisdictional, Census tract, and transportation analysis zone levels, and takes into consideration the General Plans of the local jurisdictions. The RTP includes policies and regulations set forth to ensure development within the SCAG regional area is within planned and forecast socioeconomic projections. The Project is being developed in conformance with the City's General Plan, which anticipates the development of site as a neighborhood commercial center. Further, the General Plan contains goals and policies that aim to minimize traffic congestion, provide adequate transportation facilities, and require development to pay its share of costs As such, the Project is consistent with the RTP, which considered the City's General Plan, and which resemble those of the RTP that address mobility, traffic safety, environmental concerns, and land use consistency as the major traffic study factors to identify existing traffic conditions and to assess the future effects on area traffic patterns/flow (DEIR pp. 5-13). Page 30 of 41 10( c. Compass Growth Vision. The Compass Growth Vision plan provides a framework for local and regional decision-making regarding growth, transportation, land use, and economic development. The framework includes principles and a specific set of strategies intended to achieve and improve a quality of life that promotes and sustains for future generations the region's mobility, livability, and prosperity. The main objective of the Compass Growth Vision is to manage the forecast growth while improving future living conditions for all people within the SCAG area, including live,work, and play activities. Consistent with Compass Growth Vision principles, the Project allows consumers to obtain household commodities in a single trip, thereby minimizing vehicle trip generation and will support the prosperity of household wages by providing competitive prices of other retail and commercial sales located primarily in the neighboring cities. Adjacent residential and commercial uses foster livability to the community. Additionally, the Project will take advantage of existing infrastructure which is readily available to serve the Project(DEIR pp. 5-14). 2. Other Regional and Local Plans a. South Coast Air Quality Management District ("SCAQMD") Air Quality Management Plan ("AQMP"). The current regional air quality management plan is the Final 2007 Air Quality Management Plan (AQMP)adopted by the SCAQMD on June 1,2007. The AQMP proposes policies and measures currently contemplated by responsible agencies to achieve Federal standards for healthful air quality in those areas under the jurisdiction of the AQMD, including the Basin. To assess the environmental impacts as a result of new development accurately, environmental pollution and population growth are projected by the SCAQMD in the AQMP for future scenarios. The AQMP projections are based, in part, on the growth forecasts and General Plans from cities and counties located in the Basin. The Project is being developed in conformance with the City's General Plan and Zoning Code which anticipates the development of site as a neighborhood commercial center. As such, the Project is consistent with the AQMP,which considered the City's General Plan and Zoning Code in its preparation. The Project is located in the City's commercial corridor and abuts Barton Road, which accommodates public transit service. In addition, the proposed retail commercial uses would be within walking distance of existing and planned homes in the local vicinity, and generate approximately 208 jobs. It t is reasonable that a large percentage of these jobs would be filled by persons already living within the City, thereby improving the City's current jobs-to housing ratio. Projects that provide for walkability and generate employment are consistent with the goals of the AQMP for reducing the emissions associated with new development(DEIR pp.4.1-46) -b. Santa Ana Regional Water Quality Control Board ("RWQCB"), Basin Plan. The RWQCB regulates the construction of subdivisions, commercial developments, industrial developments, and roadways based upon the level of threat to water quality. Any construction activity whose land disturbance activities exceed one acre must comply with the statewide general National Pollutant Discharge Elimination System ("NPDES") permit for stormwater discharges. Development of the site is in excess of one acre; therefore, the proposed project is required to obtain an NPDES permit issued by the RWQCB. The Project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan ("SWPPP") that identifies Best Management Practices (BMPs) to limit the soil erosion during project construction along with a Notice of Intent to certify that the applicant will comply with conditions in the statewide general NPDES permit. 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. Since the proposed project would adhere to these Page 31 of 41 101 provisions of the NPDES permit, the project would be consistent with the Basin Plan of the Santa Ana RWQCB (DEIR pp. 5-14). SECTION 12 ALTERNATIVES CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or the location of the Project,which: 1. Offer substantial environmental advantages over the Project Proposal, and 2. May be feasibly accomplished in a successful manner within a reasonable amount of time considering the economic, environmental, social, and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project that could feasibly obtain most the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of the alternatives is to be judged against a rule of reason. The lead agency is not required to choose an environmentally superior alternative identified in the EIR if the alternative does not provide substantial advantages over the Project, and A. Through the imposition of mitigation measures the environmental effects of the Project can be reduced to an acceptable level; or B. There are social, economic technical or other considerations that make the alternative infeasible. The State CEQA guidelines direct agencies to consider the feasibility of alternative locations. The DEIR analyzed an alternative location for the Project located north of Van Buren Street,west of Michigan Street and east of I-215, approximately 0.33 miles southwest of the project site. The objectives for the Project are on page 3-12 of the DEIR (which are stated herein in Section 1). The following alternatives were analyzed in the EIR. A. Alternative 1—No Project Alternative Description: Pursuant to CEQA (§15126.6[e][2]), the No Project Alternative should discuss the existing conditions at the time of Notice of Preparation is published and what would reasonably be expected to occur, based on current plans and consistent with available infrastructure and community services, in the foreseeable future. The Project site is currently zoned "General Commercial' within the BRSP and designated by the General Plan for General Commercial uses. Given the goals and objectives of the City of Grand Terrace and those identified in the BRSP, it is highly reasonable in the event the Project were not approved, the site would be developed with some type of similar commercial use, subject to the master development provisions of the BRSP. The type of uses permitted within the commercially zoned property vanes substantially, but with the No Project Alternative, development of a similar commercial use and similar in size to the square footage of the TSMDP (up to approximately 209,611 square feet) is assumed. Finding: The City Council finds that under the No Project Alternative, the Project site would be developed with another master planned commercial development in accordance with the requirements of the BRSP. All impacts of all environmental issues, including cumulative impacts, would be similar to those associated with the Project. Page 32 of4l 10; Supporting Explanation: The approximate 21-acre site is zoned BRSP-General Commercial and has a General Commercial General Plan land use designation. The BRSP requires the establishment of master development plan for the site. Therefore, were the project not approved it is reasonable to assume that another project developer would develop the site with similar uses under the auspices of a master development plan. Further, even if such developer proposed to only develop a portion of the 21-acre site, a master development plan would still be required, and it would be subject to the same level of review. Additionally, impacts of all environmental issues, including cumulative impacts, and the generation of traffic, emissions,wastewater and solid waste, and water demand use. The No Project Alternative would not preclude the subsequent development of the property nor would it reduce or preclude environmental impacts associated with future development. Additionally, this Alternative does not meet the project's objective of developing a commercial project that accommodates large and small retailers offering a wide range of commercial goods or services. Therefore, the No Project Alternative is rejected. B. Alternative 2—Reduced Intensity Commercial Use Description: Under this alternative, the project site would be developed with only the level of development identified for Development Unit 1 of the Project, which includes approximately 75,899 square feet of retail and restaurant uses on approximately 7.5 acres. The remaining areas within the project site would remain undeveloped. The commercial uses under the Reduced Intensity Commercial Use Alternative would consist of a multi-tenant shopping center hosting one large anchor(40,000-50,000 square feet), one small shop (5,000-10,000 square feet), and two small pads(3,000-7,000 square feet). Finding: The City Council finds that under the Reduced Intensity Commercial Use Alternative, potential impacts associated with short-term construction-related air quality and noise impacts, would remain similar to those identified with the Project. Impacts related to traffic operations would be proportionally reduced in relation to the reduction in trip generation and long tern air quality impacts and impacts would remain less than significant. This Alternative would have reduced demands on public services. Cultural resource impacts are reduced under this Alternative as it would reduce the area of disturbance. This Alternative would decrease the amount of water needed to serve the project site, and would reduce the amount of wastewater and solid waste that would be generated on site. Impacts to the operation of local roadways and intersections would be proportionally reduced from that of the Project, and would be mitigated to a less than significant level, with the exception of the Mount Vernon Avenue/Barton Road intersection. Impacts to the Mount Vernon Avenue/Barton Road intersection and to freeway segments would remain significant and unavoidable. Supporting Explanation: Because of the reduced project area under this alternative, short-term construction impacts associated with emissions-of the proposed project are less than significant. This Alternative would generate approximately 35 percent of the daily vehicle trips than would be generated by the Project. The volume of each operational pollutant emitted during operation of this Alternative would be correspondingly reduced. The traffic increase under the Project did not contribute to CO concentrations in excess of the state or federal standards, and neither will this Alternative. Although the volume of pollutants emitted would be reduced, the long-term air quality impacts resulting from this Alternative would still contribute cntena pollutants to an air basin that is in non-attainment for these criteria pollutants, similar to the Project. Long-tern operational air emissions associated with this alternative would not exceed CO, ROG, NOx, PM,(), and PM-1,5 thresholds based on emission factors for 2009 and 2010. Long-tern air quality impacts are reduced to a less than significant level (DEIR pp.6-12). This Alternative would result in a 65 percent reduction of daily traffic volumes. Daily traffic volumes on nearby roads and intersections would be reduced in magnitude when compared to that of the Page 33 of 41 103 Project. Although the volume of traffic is reduced under this alternative, impacts at nearby intersections and roadway segments would still occur and would require mitigation. These impacts would be mitigated to a less than significant level in a manner similar to those of the Project, with the exception of the Mount Vernon Avenue/Barton Road intersection, which would be similarly significant and unavoidable. Despite the identification of mitigation measures, freeway segments are not under the jurisdiction of the City and cannot be guaranteed to be in place when development under this alternative would become operational. Therefore, freeway segment traffic-related impacts would remain significant and unavoidable under this, as well (DEIR pp. 6-16). Due to the reduction in project area and project size under this Alternative the extent and duration of construction activities are expected to be reduced resulting in lower construction noise. Additionally, short term noise impacts related to construction and stationary noise would be reduced and be less than significant. The reduction in project related traffic under this Alternative would result in an incremental decrease in traffic noise. This Alternative would generate approximately 35 percent of the daily trips of that associated with the Project. Because project-related traffic under this Alternative is reduced by approximately 65 percent of that associated with the Project, it is reasonable to assume that future traffic volumes on local roadways in the project vicinity would be correspondingly reduced. With this,Alternative increases in traffic-related noise would be lower due to a decreased contribution of future traffic volumes resulting in a reduction of overall mobile source noise impacts within the area. Loading/Unloading activity noise, parking lot noise, and mechanical ventilation noise would still occur under this'Alternative in the same approximate locations at similar levels to that of the Project. Therefore, noise impacts would remain less than significant under this Alternative as well(DEIR pp. 6-15). Similar to the Project, the Reduced Intensity Commercial Use Alternative would also require water service from the local water district. This Alternative would use less water (9,780 gpd) than the Project (27,123 gpd) due to the reduction in square footage (133,712 square feet), approximately 0.05 percent of the water purveyor's daily production. When compared to the Project, impacts associated with water under the Reduced Intensity Commercial Use Alternative are reduced in magnitude and remain less than significant(DEIR pp. 6-16). The Reduced Intensity Commercial Alternative would generate approximately 6,072 gallons of wastewater a day as opposed to the 16,800 gallons per day that the Project would generate. This decrease in wastewater generation would result in a reduced impact on wastewater treatment facilities. The Project would generate approximately 1,851 pounds of solid waster per day. Under this Alternative the amount r solid waste generated would be approximately 668 pounds of solid waster per day; a daily rer.�,ction of over 1,100 pounds. Similar to the Project, this Alternative would not impact solid waste facilities and impacts remain the same. Similar to the Project, the Reduced Intensity Commercial Alternative would contribute toward long-term air quality operational emissions and increased traffic operations on local roadways and at local intersections. Peak day construction-related air emissions would be emitted fewer days than that of the proposed project due to the decreased area required for construction and reductions in cumulative traffic in the project area would reduce this Alternative's cumulative contribution of several of the criteria pollutants compared with the proposed project. Despite a reduction in the volume of air pollutants emitted under this Alternative, several of the criteria pollutants would still contribute toward the creation of non- attainment status air pollutant levels within the SCAQMD. This Alternative would result in a decrease in the cumulative vehicle trips in the project area (compared with the proposed project), which would have a corresponding effect on traffic operations on local roadways and at local intersections. Nonetheless, air quality and traffic impacts resulting from this Alternative are cumulatively significant. Page 34 of 41 10/ C. Alternative 3—Office Park Use Alternative Description: The Office Park Use Alternative considers the development of up to 209,611 square feet of office uses within the Project limits. The construction of this Alternative on the Project site require would also require the preparation of a master development plan in accordance with the BRSP prior to development. All offices uses considered under this Alternative are permitted in the BRSP. Finding: Under the Office Park Alternative, potential impacts associated with short-term construction-related air quality and noise impacts would remain similar to those identified with the Project. Impacts related to traffic operations would be proportionally reduced compared to the Project. While the volume of pollutants emitted during operation of this Alternative would be reduced, long-term air quality impacts would remain significant and unavoidable. Vehicle noise that may result under this Alternative would be reduced from that identified for the proposed project. The development of this Alternative would result in the creation of approximately 435 jobs, which may result in increase to the City's population; however, this increase is consistent with local and regional growth projections. The increase in population would increase the need of public services and recreation, beyond the Project. This Alternative would increase the amount of water needed to serve the project site; it would also increase the amount of wastewater and solid waste that would be generated. However, there is sufficient capacity at these facilities and impacts would remain less than significant, similar to the Project. The reduction in vehicle trips associated with this Alternative result in a proportional reduction in impacts to the operation of local roadways and intersections and would be mitigated to a less than significant level, with the exception of the Mount Vernon Avenue/Barton Road intersection. Impacts to the Mount Vernon Avenue/Barton Road intersection and to freeway ramps would remain significant and unavoidable. Under this Alternative, the magnitude of impacts is reduced, but the level of significance does not change from that identified for the Project. Supporting Explanation: Given that the amount of land to be developed under this Alternative would equal that of the Project, it is reasonable that a similar mix of equipment would operate during earthmoving and construction activities. Peak daily construction emissions would be below SCAQMD thresholds of significance for NOX, PM,o, PM2.5, CO, ROG, and SOX. Additionally, compliance with SCAQMD rules would ensure fugitive dust emissions do not exceed established SCAQMD daily thresholds. Construction emissions from the development of this Alternative would be similar to the proposed project resulting in a less than significant impact. Due to the nature of office uses, the Office Park Alternative would generate 73 percent fewer trips than that of the Project, thereby reducing the volume of each operational pollutant emitted during the operation of this Alternative. However, despite this reduction, emissions of CO and NOX would continue to exceed SCAQMD significance thresholds. When compared to the Project, impacts to air quality would be marginally increased in magnitude. The long-term air quality impacts resulting from this Alternative would continue to be significant and .unavoidable(DEIR pp. 6-18). Construction noise resulting from this Alternative would be generally similar to the Project. Short-term noise impacts resulting from construction would be similar and remain less than significant. Parking lot noise and mechanical ventilation noise would still occur under this Alternative; however, operational noise associated with this Alternative is reduced in magnitude, and remains less than significant. Due to the nature of an office park use project generated traffic would be reduced by 73 percent than that generated by the Project, and traffic-related noise would be lower than those of the Project due to a decreased contribution of future traffic volumes. When compared with the Project, this Alternative's contribution to future traffic noise would be reduced, thereby reducing overall mobile source noise impacts within the area. Similar to the Project, noise impacts remain less than significant similar with this Alternative (DEIR pp. 6-20). Page 35 of 41 105 As stated, this Alternative would result in a 73 percent reduction of daily traffic. Although the magnitude of daily traffic, and traffic volumes on nearby roads and intersections would be reduced, mitigation would still be required similar to that required by the Project. However, similar to the Project, impacts to level of service at the intersection of Mount Vernon Avenue/Barton Road and freeway segments (due to uncertainty of whether improvements would be in place when uses become operational) would remain significant and unavoidable under this Alternative (DEIR pp. 6-21). This Alternative would directly create up to 435 jobs, which may require the employment of persons in specialized fields. Persons from outside of the area may be required to relocate to Grand Terrace to fill positions in the office space, resulting in a population increase in the City. Assuming that 25 percent of the jobs are filled by new residents approximately 109 persons are assumed to relocate to the City resulting in a potential population increase of 310 persons (109 households x 2.844 persons per household). In comparison, the number of new residents would be greater than that identified for the Project; however, this growth would be consistent with the population projections for the City. Although this Alternative would generate a greater increase in population, impacts related to population and housing would remain less than significant(DEIR pp. 6-20). The Office Park Alternative would generate substantially greater amounts wastewater (31,441 gpd) and solid waste (3,872 lb/day) than that of the Project (16,800 gpd and 1,851 lb/day, respectively). When compared to the Project the magnitude of wastewater and solid waste is greater; however, there is sufficient capacity at the wastewater treatment facility and receiving landfills so that a less than significant impact would be created, and impacts remain the same. The magnitude of water demand to serve this Alternative is greater than the Project. This Alternative is estimated to use 56,742 gpd, as opposed to that of the project (27,123 gpd). However, like the Project, development under this Alternative would be required to obtain verification from the water purveyor that water is available to serve the development, meet water purveyor water service requirements, and comply with state requirements regarding the use of water efficient landscaping. While the magnitude of the water usage and water treatment/conveyance facilities would be greater when compared to the Project, impacts would remain less than significant(DEIR pp.6-22). Because of the increase in population, this Alternative would also result in increased demands for park services and recreation. It would also put greater demands on schools, parks, law enforcement and fire service protection in magnitudes greater than the Project. Even though these demands are increased, impacts remain less than significant. This Alternative would not preclude environmental impacts associated with development of the site. Rather it results in a greater magnitude of impacts associated with population and housing, water consumption, wastewater and solid waste generation,public services and recreation than the Project being considered. However, these impacts can be mitigated to levels of insignificance. This Alternative does not meet the project's objective of developing a commercial project that accommodates large and small retailers offering a wide range of commercial goods or services. Therefore, the Office Park Alternative is rejected. D. Alternative 4—Alternate Location/Off-Site Alternative Description: The Alternative project site identified is located on approximately 21 acres north of Van Buren Street, west of Michigan Street, and east of I-215, approximately 0.33 mile southwest of the proposed project site. The off-site location is currently designated as "General Commercial" and is zoned *'Commercial Manufacturing" (CM). Permitted uses in the CM district include business support services, communication services, public storage facilities, and other uses which are permitted in the C2 District; Page 36 or41 10E therefore, the commercial Project would be consistent and permitted at this off site location. The Off-Site Location Alternative would result in the same level of development as the proposed project and would consist of 209,611 square feet of commercial uses encompassing a major retailer, smaller retail pads, and small shops. Finding: With this Alternative, long-term air quality operational impacts would remain significant and unavoidable and would result in similar conditions as identified for the Project. Because of the similarity of vehicle trips achieved under this Alternative, impacts to the operation of local roadways and the number of intersections would be the same as identified for the proposed project and mitigated to a less than significant level, with the exception of the Mount Vernon Avenue/Barton Road intersection. Similar to the project as well, impacts to freeway segments would remain significant and unavoidable as well. Because the Alternative does not fulfill the stated Project objectives, this Alternative is rejected as infeasible. Supporting Explanation: Under this Alternative the total amount of land to be graded would be similar to that of the Project; and it is anticipated that a similar mix of equipment would operate during earthmoving and construction activities on the project site. Peak daily construction emissions would be below SCAQMD thresholds of significance for CO, ROCS, NOX, SO,, PM10, and PM".5. Like the Project, this Alternative would generate the same amount of daily vehicle trips (8,996). Since the same amount of development would occur under the Off-Site Location Alternative as with the Project, the volume of each operational pollutant emitted during operation of this Alternative would be the same as that identified for the Project. CO hot spot conditions are anticipated to be similar to the Project because the alternate site is in the same general area as the Project site and shares common roadways. The long-term air quality impacts resulting from this Alternative would still contribute criteria pollutants to a non-attainment air basin. Therefore, like the Project, long-term air quality impacts associated with this Alternative would continue to be significant and unavoidable(DEIR pp. 6-24). Because this Alternative would generate the same amount of vehicle daily trips as the Project volumes on nearby roads and intersections would be similarly affected. Impacts to LOS at nearby intersections and roadway segments would still occur and would require mitigation. While significant traffic impacts may occur under the Off-Site Location Alternative, these impacts would be mitigated to a less than significant level in a mariner similar to those of the Project, with the exception of the Mount Vernon Avenue/Barton Road intersection. Additionally, freeway segments are not under the jurisdiction of the City and cannot be guaranteed to be in place when development under this Alternative would become operational. Therefore,under this Alternative, impacts to the Mount Vernon Avenue/Barton Road• intersection and freeway segments remain significant and unavoidable(DEIR pp. 6-28). Based on the foregoing analysis, the Alternate Location/Off Site Location Alternative would be rejected in favor of the project as this Alternative would not reduce the significance of the impacts that were identified for the Project. SECTION 13 STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Grand Terrace hereby declares that, pursuant to State CEQA Guidelines Section 15093, the City Council has balanced the benefits of the Project against any significant and unavoidable environmental impacts in determining whether to approve the Project. If the benefits of the Page 37 of 41 107 Project outweigh the unavoidable adverse environmental impacts, those impacts are considered "acceptable." The City Council hereby declares that the Final EIR has identified and discussed significant effects that may occur as a result of the Project. With the implementation of the mitigation measures discussed in the Draft EIR, these impacts can be mitigated to a level of less than significant except for the unavoidable and significant impacts as discussed in Sections 7 and 8 herein(Air Quality-long-term area source and mobile source air pollution emissions, localized operational emissions, and cumulative impacts as to failure to meet State and federal ambient air quality standards for Ozone, PM,o, and PM2.5, and global climate change; and Traffic-Year 2030 With Project Conditions (Freeway) Traffic and Level of Service impacts, and Year 2030 With Project Conditions (Intersection) Traffic and Level of Service Impacts at the Intersection of Barton Road/Mount Vernon Avenue). The City Council hereby declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Project. The City Council hereby declares that to the extent any mitigation measures recommended to the City are not incorporated, such mitigation measures are infeasible because they would impose restrictions on the Project that would prohibit the realization of specific economic, social, and other benefits that this City Council finds outweigh the unmitigated impacts. The City Council further finds that except for the Project, all other alternatives set forth in the Final EIR are infeasible because they would prohibit the realization of the Project objectives and/or specific economic, social or other benefits that this City Council finds outweigh any environmental benefits of the alternatives. The City Council hereby declares that, having reduced the adverse significant environmental effects of the Project, to the extent feasible by adopting the proposed mitigation measures, having considered the entire administrative record on the Project and having weighed the benefits of the Project against its unavoidable significant impacts after mitigation, the City Council has determined that the social, economic and environmental benefits of the Project outweigh the potential unavoidable significant impacts, pursuant to State Guidelines Section 15092 and 15096(h), and render those potential significant impacts acceptable based upon the following considerations: 1. The Project fulfills adopted General Plan Goals, Policies and Actions: The Project complies with Land Use Element goals and polices to provide a wide range of retail, service commercial, and employment opportunities; continued development of established commercial areas, and the incorporation of increased setbacks, walls and landscaping between commercial projects and other areas to reduce potential land use incompatibility. It is consistent with the Circulation Element requiring preparation of a'traffic analysis prepared in accordance with SANBAG Congestion Management Program (CMP) Traffic Impact Analysis (TIA) Guidelines and requiring that peak hour level of service "D" be maintained, and with policies because sufficient off street parking, bicycle racks and trellised pedestrian walkways will be provided. The Project complies with the Open Space and Conservation Element because mitigation measures have been incorporated requiring conservation of energy resources in building design of Development Unit 1, and the Project will be required to meet federal, state and local regulations governing grading, erosion control, water quality, and cultural resources. It complies with Noise Element goals, policies and actions calling for adherence to the Noise Ordinance during construction activities, and preparation of a noise study during the CEQA process to determine potential impacts that could be generated by the Project. Public services are being provided as required by the Public Services Element, and Page 38 of 41 10E the Project meets several goals polices and actions contained in the Sustainable Development Element calling for energy conservation, recycling, bicycle and pedestrian facilities. 2. The ultimate development of a commercial center on the primarily vacant 21-acre site will result in the construction of approximately 209,000 square feet of commercial space,which in turn will result in increase property tax values and generate increased sales tax revenues. The increase of property tax and sales tax revenues will provide a social and economic benefit to the City as these revenues will support the City's General Fund, which in turn supports City programs and services that benefit the community. 3. The Southern California Association of Government has established a jobs-to-housing ratio of 1.44 for the region,which means that to have a balanced jobs to housing ratio a jurisdiction should have 1.44 jobs for every household. The City of Grand Terrace has a jobs-to-housing ratio of 0.80, and is considered to be jobs poor. The Project will create approximately 208 permanent employment opportunities, which will have a positive social and economic effect on the City's current jobs to housing ratio. 4. The improvement of the 21-acre master plan will result in an approximate 209,000 square foot commercial center. The Project establishes site and architectural standards to ensure architectural compatibility throughout the commercial center, and an integrated sign program that complements the architectural theme, and designed in proportion to the commercial center; thereby, providing a positive aesthetic effect in a highly visible corridor of the City. The City Council hereby declares that the foregoing benefits provided to the public through approval and implementation of the Project outweighs the identified significant adverse environmental impacts of the Project that cannot be mitigated. The City Council finds that each of the Project benefits outweighs the unavoidable adverse environmental impacts identified in the Final SEIR and, therefore, finds those impacts to be acceptable. SECTION 14 CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT The City Council finds that it has reviewed and considered the FEIR in evaluating the Project, that the FEIR is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and that the FEIR reflects the independent judgment of the City Council. The City Council declares that no significant new impacts or information as defined by CEQA Guidelines Section 15088.5 have been received by the City after the circulation of the DEIR that would require recirculation. All of the information added to the FEIR merely clarifies, amplifies or makes insignificant modifications to an already adequate EIR pursuant to CEQA Guidelines Section 15088.5(b). The City Council of the City of Grand Terrace hereby certifies the Final Environmental Impact Report for the Grand Terrace Town Square Master Development Plan is adequate and complete in that it addresses the environmental effects of the Project and fully complies with the requirements of CEQA, CEQA Guidelines and City of Grand Terrace Local CEQA Guidelines for implementation of the California Environmental Quality Act. The Final Environmental Impact Report is composed of- a. The backup file material for the Project; b. The Notice of Preparation; Page 39 of 41 109 c. The Initial Study and the studies it relies upon; d. The Draft Environmental Impact Report dated April 29, 2009; e. The comments on the Draft Environmental Impact Report and responses thereto; f. The staff report for the public hearing before the City Council held on July 27, 2010; g. The minutes of the hearing and all documentary and other testimonial evidence submitted thereat; h. The Statement of Facts and Findings in support thereof, and i. The Statement of Overriding Considerations. A. Findings 1. CEQA Compliance: As the decision-making body for the Project, the City Council has reviewed and considered the information contained in the Findings and supporting documentation. The City Council determines that the Findings contain a complete and accurate reporting of the environmental impacts and mitigation measures associated with the Project.The City Council finds that the EIR was prepared in compliance with CEQA and that the City Council has complied with CEQA's procedural and substantive requirements. 2. Independent Judgment of Lead Agency: The City retained the independent consulting firm of LSA Associates, Inc. to prepare the EIR for the Project. The EIR was prepared under the supervision and directions of the City of Grand Terrace Community and Economic Development Department staff. The City Council is the final decision making body for the entitlements listed below. The City Council has received and reviewed the FEIR prior to certifying the FEIR and prior to making any decision to approve or disapprove the Project. Finding: The FEIR reflects the City's independent judgment. The City has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c)(3) in retaining its own environmental consultant, directing the consultant in preparation of the FEIR as well as reviewing, analyzing and revising material prepared by the consultant. 3. Significant Unavoidable Impacts/Statement of Overriding Considerations: The Project would have significant adverse impacts even following adoption of all feasible mitigation measures which are required by the City Council. The following significant environmental impacts have been identified in the Final Environmental Impact Report and would require mitigation but cannot be mitigated to a level of insignificance as set forth in Sections 7 and 8 of these Findings: Air Quality-long- term area source and mobile source air pollution emissions, localized operational emissions, and cumulative impacts as to failure to meet State and federal ambient air quality standards for Ozone, PM,o, and PM21.5,and global climate change; and Traffic-Year 2030 With Project Conditions (Freeway) Traffic and Level of Service impacts, and Year 2030 With Project Conditions (Intersection) Traffic and Level of Service Impacts at the Intersection of Barton Road/Mount Vernon Avenue). The Project has eliminated or substantially reduced environmental impacts where feasible as described in the Findings, and the City Council determines that the remaining unavoidable significant adverse impacts are acceptable due to the reasons set forth to the preceding Statement of Overriding Considerations. B. Conclusions: Page 40 of 41 111 1. All potentially significant environmental impacts from implementation of the Project have been identified in the FEIR and, with the implementation of the mitigation measures defined herein and set forth in the Mitigation Monitoring and Reporting Plan (also referred to as the Mitigation Monitoring and Compliance Program), will be mitigation to a less-than-significant level. 2. Other reasonable alternatives to the Project that could feasibly achieve the basic objectives of the Project have been considered and rejected in favor of the Project. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further mitigation measures beyond those incorporated into the Project. SECTION 15 RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts a Mitigation Monitoring and Reporting Program attached hereto as Exhibit A. In the event of inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 16 RESOLUTION REGARDING CUSTODIAN OF RECORD The documents and material that constitute the final record of proceedings on which these Findings have been based are located at the City of Grand Terrace. The custodian for these records is the City Clerk of the City of Grand Terrace. This information is provided in compliance with Public T Resources Code section 21081.6. Page 41 of 41 111 Attachment 12 Resolution Approving SA 07-12/TSMDP, SA 07-07, Master Development Sign Program 09-01, and Sign Program— Development Unit 1 11 RESOLUTION NO. 2010-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING-SITE AND ARCHITECTURAL'REVIEW 07-12 (GRAND TERRACE TOWN SQUARE MASTER DEVELOPMENT PLAN ("TSMDP"), MASTER SIGN PROGRAM 09-01, SITE AND ARCHITECTURAL REVIEW 07-07 AND SIGN PROGRAM PLANS FOR DEVELOPMENT UNIT 1 OF THE TSMDP ("PROJECT"), LOCATED ON THE SOUTH SIDE OF BARTON ROAD BETWEEN _ MICHIGAN STREET AND THE GAGE CANAL ZONED BRSP- GENERAL COMMERCIAL; AND RECOMMENDING THAT THE CITY,. COUNCIL APPROVE TENTATIVE PARCEL MAP 08-01 (TENTATIVE PARCEL MAP NO. 17787) WHEREAS, Grand Terrace Jacobsen Family Holdings I; LLC ("Applicant"), represented by Douglas Jacobsen, has submitted applications to establish the Grand Terrace Town Square Master Development ("TSMDP") on approximately 21 acres of land located within Planning Area 1 of the Barton Road Specific Plan ("BRSP").' The project site is zoned General Commercial within the BRSP, and is located on the south side of Barton Road between Michigan Street and the Gage Canal (the "Property"). WHEREAS, the TSMDP proposes development in five Development Units that correspond to five development phases: Development Unit 1 is proposed on 7.5 acres consisting of approximately 65,737 square feet of buildable area; Development Unit 2 is proposed on 4.5 acres with a maximum buildable area of 58,858 square feet; Development Unit 3 is proposed on 5.0 acres with a maximum buildable area of 33,977 square feet; Development Unit 4 is proposed on 2.0 acres with a maximum buildable area of 20,700 square feet; and Development Unit 5 is proposed on 2.0 acres with a maximum building area of 20,177 square feet. WHEREAS, the BRSP is implemented primarily through the Site and, Architectural Review process,set forth in Chapter 18.63 of the Municipal Code. The TSMDP and related approvals (the Master Sign Program and approvals for specific individual phases of development ,within the TSMDP) are approved through the Site and Architectural Review process, and any other entitlement that may be required. WHEREAS, Site and Architectural Review 07-12 consisting of the TSMDP, and Master Sign Program 09-01 for the TSMDP, Site and Architectural Review 07-07 for Development Unit 1, which includes site and architectural plans, consisting of 65,737 square feet of building area on 7.67 acres, associated parking, landscaping, and lighting andestablishment of a sign program (collectively, the "Project"); together with Tentative Parcel Map 08-01 (Tentative Parcel Map No.- 17787), and a draft Development Agreement to govern the TSMDP over the live phases have been submitted. - Page l of 11 113 i i WHEREAS, pursuant to California Environmental Quality Act ("CEQA") Guidelines, 14 Cal. Code of Regulations Sections 15080 et seq., the environmental assessment of the proposed Project made under Environmental Review Case No 07-06 required the preparation of an Environmental Impact Report (EIR), focusing in the areas of Noise, 'Air Quality, Cultural Resources and Traffic/Transportation. WHEREAS,,a Notice of Preparation ("NOP") and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on July 3, 2008, for a period of 30 days, concluding on August 4, 2008, pursuant to CEQA Guidelines sections 15082(a), 15103 and 15375, and which were subsequently revised and re-distributed'to numerous state,, federal, and local agencies and organizations on January 30, 2009, for a period of 30 days, concluding on March 2, 2009, in accordance with CEQA Guidelines Sections 15082(a), 15103 and 15375. WHEREAS, public scoping meetings were held on July 15, 2008, and on February 17, 2009, at the City of Grand Terrace Council Chambers and input from the public providing direction and scope of the EIR was received and has been included in the Draft EIR. WHEREAS, a Draft EIR was prepared, under contract with the City, by LSA Associates, LLC, for the purpose of complying with the provisions of CEQA. All i potentially significant adverse environmental impacts were sufficiently analyzed in the Draft EIR. The Draft EIR was circulated to interested agencies and the public between April 30, 2009 and June 15, 2009, for a 45-day comment period pursuant to CEQA Guidelines Section 15078. Pursuant to Public Resources Code Section 21092, the City provided notice to all organizations and individuals, and - published the Notice of Availability in The San Bernardino County Sun newspaper on April 30, 2009. WHEREAS, the Final EIR was distributed to all persons and agencies that commented on the Draft EIR on July 12, 2010, in accordance with Public Resources CodeiSection 21092.5. The Final EIR includes responses to the Draft EIR comment letters, in accordance with State CEQA Guidelines Section 15088. Notice of the availability of the Final EIR was published in the San Bernardino County Sun newspaper on July 5, 2010. Copies of the Draft and Final EIR are on file in the office of the City of Grand Terrace Community and Economic Development Department. WHEREAS, under the CEQA Guidelines, Section. 15080 et seq:, the -environmental assessment of the Project required the preparation of a Final EIR, which concluded with the appropriate Environmental Findings. WHEREAS, on July 15, 2010, 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 for approval of the Project. WHEREAS, on July 27, 2010 the City Council conducted a dulyi noticed public hearing on Site and Architectural Review 07-12 consisting of the TSMDP, Master Sign Program 09-01 for the TSMDP Site and Architectural Review 07-07 and Sign Program Development Unit 1, Page 2 of l 1 11� Tentative Parcel Map 08-01 (TPM No. 17787), and Environmental Review 07-06 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. Pursuant to Chapter 18. 63 of the Municipal Code, the City Council has reviewed and lapproves Site and Architectural Review 07-12 consisting of the TSMDP, Master Sign Program 09-01 for the TSMDP, Site and Architectural Review 07-07, which includes site and architectural plans for Development Unit I of the TSMDP consisting of 65,737 square feet of building area on 7.67 .acres, associated parking, landscaping, and lighting and establishment of a Sign Program for Development Unit 1, as follows: a. The TSMDP and Development Unit i are consistent with the intent of the Grand Terrace Municipal Code, Grand Terrace General Plan ("General Plan"), and the Barton Road Specific Plan ("BRSP"). The site is designated in the General Plan as General Commercial ("GC") and as BRSP-GC in the BRSP. The General Plan states that the General Commercial designation provides for general commercial uses to serve the retail and service needs of the community.,The proposed TSMDP is a neighborhood commercial center and its anticipated land uses (grocery market, retail, fast food) are consistent with the General Commercial Land Use designation. SA 07-07, which implements Development Unit 1 is consistent with the GC t-=` designation because it proposes approximately 65,737 square feet of retail and commercial uses including a full service grocery store (Stater Bros.), food service,, retail and commercial uses. The Project complies with Land Use Element goals and polices to provide a wide range of retail, service commercial, and employment opportunities; continued development of established commercial areas, and the incorporation of-increased setbacks, walls and landscaping between commercial projects and other areas to reduce potential land use incompatibility. ' It is consistent with the Circulation Element requiring preparation. of a traffic analysis prepared in accordance with -SANBAG Congestion Management Program (CMP) Traffic Impact Analysis (TIA) Guidelines and requiring that peak hour level of service "D" be maintained, and with policies because sufficient off street parking, bicycle racks and trellised pedestrian walkways will be provided. The Project complies with the Open Space and.Conservation Element because mitigation measures have been incorporated requiring conservation of energy resources in building design of Development Unit 1, and the Project will be required- to meet federal, state and local regulations governing grading, erosion control, water quality, and cultural resources. It complies with Noise Element goals, policies and actions calling for adherence to the Noise Ordinance during construction activities, and preparation of a noise study during the CEQA process to determine potential impacts that could he generated by the Project. Public services are being provided as required by the Public Services Page 3 of 11 115 Element, and the Project meets several goals polices and actions contained in the Sustainable Development Element calling for energy conservation, recycling, bicycle and pedestrian facilities. b. The Project site is zoned BSRP-General Commercial The BSRP-General Commercial zoning designation is intended to provide a wide variety of uses that typically include supermarkets, drug stores, variety stores, apparel shops, appliance and furniture stores, restaurants and commercial recreation uses. The TSMDP has been prepared in conformance with the BRSP which requires the preparation of a master plan. TSMDP master plans approximately 21 acres and at build out would allow for development of up to 209,611 square feet of building area over five Development Units that correspond to five development phases: The TSMDP is consistent with the intended and permitted uses and development standards of the BRSP-General Commercial zone district. C. In accordance with the provisions of the BRSP, the TSMDP also includes development incentives, which the Planning Commission granted on July 15, 2010, based on the merits of the project. Project merits that-warrant development incentives include lot. consolidation, reduced access points, reciprocal access agreements, reciprocal parking agreements, and provision of public or semi-public open space. The Project includes all of these features and therefore, is allowed development incentives. Within Development Unit 1, !SA 07-07 is granted development incentives to allow light standards for the Stater Bros. market parking fields to be constructed at a height of thirty (35) feet,,and to allow Driveway No. 1 to have a driveway queuing depth of twenty feet. d. The TSMDP is approved through Master SA 07-12 and will develop in phases as set forth in the TSMDP and related phasing plan. Each of the five development units will be subject to Site and Architectural Review for consistency with the TSMDP and Chapter 18.63 of the Municipal Code. e. The location and configuration of all structures associated with the Project are visually harmonious with the Property, the BRSP, and surrounding properties and structures, and do not interfere with the privacy of neighbors or unnecessarily block scenic -views from other structures and/or_ public .areas and are in scale with the townscape and natural landscape of the area. The TSMDP- contains site and architectural standards, such as architectural compatibility internal to the shopping center, landscaping requirements, and building setback if to ensure a visually harmonious Project. Further, within Development Unit 1, Major A Tenant (Stater Bros.) and Shops I are located between 37 to 86 feet from the south property line, which is greater than the minimum required setback of 10', feet providing greater separation between the Project and residential uses.. Additionally, a solid wall measuring 6 feet on the outside with enhanced landscaping will be installed to provide greater buffering between the commercial and residential uses. The proposed buildings are consistent with the height limitations of the BRSP, with the exception of the front tower treatments oil the Major Tenant building, whskh exceeds the BRSP requirement by 5 feet. Because the tower treatment is at the Page 4 of I I 11E front of the building, it is not likely to impact residential uses to the rear. Retail 1 is located 10 feet from the property line of an existing residence to the east of Development Unit 1, which is in conformance with required setbacks. f. The architectural design of the structures, their materials ,and colors are visually harmonious with surrounding development, natural landforms, are functional for the proposed Project and are consistent with the Grand Terrace Municipal Code and BRSP. The TSMDP establishes a uniformed architectural theme for the master plan area. The The use of stucco 's permissible when surfaces are articulated to provide visual interest. The BRSP encourages building architecture with rich . surfaces and/or textures, that articulates with the use of insets, trellises, and articulation of wall planes. The structures are proposed to have a stucco finish with the incorporation•of a ledger stone, variation in building wall planes, the use of trellises, and insets. , The building colors and materials are consistent with the BRSP. The buildings proposed in Development Unit 1 •(SA 07-07) have been designed in conformance with the architectural-theme established for the TSMDP. g. The TSMDP plans for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and'nearby developments. In accordance with the Municipal Code, BRSP and TSMDP the site design for Development Unit 1 incorporates,perimeter and parking lot landscaping. Enhanced landscaping is provided ,'along the south boundary adjacent to residential uses. Proposed landscaping for Development Unit I exceeds.the minimum coverage required by the BRSP. Landscaping provided will be visually pleasing, functional and in keeping with adjacent developments. h. There will be no indiscriminate clearing of property, destruction of trees or natural vegetation, or excessive and unsightly-grading of hillsides in connection with the development of the Project; thus the natural beauty of the City, the Project setting and natural landforms are preserved. Grading is limited to that necessary to establish building pads and meet accessibility requirements. i. The design and location of all signs associated with this project are consistent with the"scale and character of the buildings to which they are attached or otherwise- asso'ciated with and are consistent with the provisions of the BRSP and the City's Municipal Code. The Master Sign Program sign program has been prepared in accordance with the BRSP, to ensure consistency and aesthetic cohesiveness of signage throughout the TSMDP and each Development Unit (Phase) of Project development. The signage for the Project is consistent with the Master Sign Program. j. Conditions of approval for this Project necessary to secure the purposes of the BRSP and the,Municipal Code have been applied to the Project. Page 5 of l l 117 k. In accordance with the BRSP, the Project qualifies for development incentives because the tnerits of the Project include lot consolidation, reduced access points, reciprocal access agreements, reciprocal parking agreements,,provision of public or semi-public open space, enhanced parking lot landscaping and a cohesive architectural theme. Therefore the Bonus Incentive Points Program contained in Exhibit 3, attached hereto, is adopted. 2. The City Council approves Master Sign Program 09-01 and Sign Program - Development Unit 1, subject to the requirement that the sign area of the proposed Freeway Sign is reduced from six hundred and forty (640) square feet to a total not to exceed four hundred and ninety seven (497) square feet in sign area and based on the following findings: a. The Master Sign Program exceeds the maximum requirements of the BRSP in terms of number of freestanding signs, number of wall signs, and sign area. However, pursuant to the provisions of the BRSP, the Planning Commission has the authority to allow deviations from the sign ordinance to approve creative and innovative sign programs or sign solutions under exceptional or unusual circumstances, which the Planning Commission granted on July 15, 2010. As such, the Master Sign Program provides a uniform, integrated design within the TSMDP that complements the architectural theme established by the TSMDP. b. The Master Sign Program achieves the goals and objectives of the BRSP, and provides a creative and innovative sign program that achieves a cohesive design and tenant identification for a major commercial center. C. When considered in light of the comprehensive scale and integrated architectural design of the commercial center provided by buildout of the TSMDP, the Master Sign Program and Sign Program — Development Unit I represent a creative and innovative design which consolidates tenant recognition on a scale designed to inform the motoring public and achieve immediate recognition of the businesses within the commercial center. BE IT FURTHER RESOLVED that the Project (SA 07-12 for the TSMDP, Master Sign Program 09-01, SA 07-07 and Development Unit 1 — Sign Program) are hereby approved subject to certification of the Final EIR and subject to the following conditions of approval: 1. The TSMDP, Master Sign Program 09-01, Site and Architectural Review 07-07, which includes site and architectural plans, and the sign program for Development Unit 1 of the TSMDP consisting of 65,737 square feet of building area on 7.67 acres are approved based on the application and application materials submitted by Grand Terrace Jacobsen Family Holdings I, LLC, including the TSMDP, Master Sign program, site plan, preliminary grading plan, building elevations, color and materials board and sign program submitted for Development Unit 1. All plans shall be consistent in terms of property lines, easement location and dimensions and other measurements. This approval includes the operation of a 43.178 square toot Stater Bros. market. 8,350 square toot Shops I, Page 6 of I 1 11f 6,816 Retail I and 3,853 square foot Fast Food 1 buildings, and all associated landscaping, lighting, parking, and landscaping. 2. This approval shall expire one year from the date of adoption, unless one of the following actions occurs: (a) the applicant applies for a building permit and commits substantial investment in ,accordance with the approved plans prior to the expiration date; (b) a business license is issued in accordance with City ordinances, .as applicable; or (c) the applicant has complied with all applicable conditions of approval. If the applicant has not complied with subsections (a), (b) or (c) prior to expiration of the Site and Architectural Review approval, the applicant shall apply for an extension of the one-year prior to the ` expiration date. The Community and Economic Director may upon application by the applicant, extend the period of approval for a length of time up to one year, in accordance with Section 18.63.100 of the City's Municipal Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. Approval of the Project shall not be effective unless and until, the City Council certifies the Final EIR prepared for the Project and approves Tentative Parcel Map 08-01 (Tentative Parcel Map No.17787). 4. The Applicant shall defend, with legal counsel acceptable.to the City, which acceptance shall not be unreasonably withheld, and indemnify and hold harmless the City and its officers, employees, and agents from and against any claim, action, or proceeding against the City, its officers, employees, or agents to attack, set aside, void, or annul any aspect of this approval, including but not limited to any approval or condition of approval of the Planning Commission or City Council, which action,is brought within the time period L provided,for in Government Code Section 66499.37. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning this approval and the'City shall cooperate fully in the defense of the claim, action or proceeding. 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 any such claim, action or proceeding. 5: 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, drainage plans, landscape plans, wall-plans, and building elevations. 6. The. Applicant shall pay all applicable development impact fees, and demonstrate the payment of applicable school impact 'fees,to the Building and Safety Department, prior to issuance of building permits. 7. 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. 8. 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 7 of 11 119 9. The applicant shall comply with the Conditions of Approval of the Director of Building and Safety/Public Works, contained in the Director's memorandum dated July 6, 2010, attached hereto as Exhibit 1. 10. The applicant shall comply with the Conditions of Approval of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, set forth in the letter dated August 14, 2008, attached hereto as Exhibit 2. 11. The applicant shall comply with the Mitigation Measure Monitoring Plan prepared for the Project, and contained within the Final EIR certified for the Grand Terrace Town Square Master Development Plan. 12. The location and method of screening for all roof-mounted and building-mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, and utility boxes. All equipment shall be screened from public view and designed to be an integral component of the building design. All roof-mounted equipment shall be screened from public view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the Community and Economic Development Director that no roof-mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate. 13. All ground mounted equipment, including utility boxes and backflow devices shall comply with all utility and Fire Department requirements and be screened in a manner that does not impede traffic visibility. 14. The location of all building-mounted light fixtures shall be shown on the elevations. The decorative lighting features shown on Major Tenant A elevations shall be carried forward into future phases within TSMDP, for overall Project consistency. 15. As part of the permit process and prior to the issuance of building permits, the applicant shall submit three (3) copies of a final photometric plan to the Building and Safety Division for review and approval by the Community and Economic Development Department. Perimeter light poles within Development Unit 1 shall not exceed 18 feet in height; and the height of light poles within the Stater Bros. parking fields shall not exceed 35 feet. The photometric plan shall include location, details of all lighting fixtures and luminaries, and shall demonstrate compliance with the Zoning Code and this approval. 16. Prior to the issuance of building permits, the applicant shall submit three (3) copies of final landscape and irrigation plans to the Building and Safety Department for review and approval. These plans shall demonstrate compliance with the design requirements contained in the Barton Road Specific Plan, Zoning Code, and TSMDP. 17. Parking stalls adjacent to street frontages shall be screened through the use of a combination of a low profile wall, and/or enhanced landscape material. 18. All perimeter walls. retaining walls, and trash enclosures walls shall be decorative, which may include the incorporation or combination of stucco, split-face hlock, stone veneer Page 8 of I I. 12( and/or other materials that match the colors and materials of the project. Wall details shall be shown on the construction plans. 19. Loading and unloading delivery activities by tractor trailers shall be prohibited from 10:00 p.m. to 7:00 a.m. 20. 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 shared access and parking within and -between Development Units 1, 2 and 4 and 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. 21. Routine maintenance activities, including parking lot cleaning, shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m.; and are prohibited from occurring on the south side (rear) of the site, behind the Stater Bros. Market, Shops 1, and any buildings in any of the other Development Units that align with these buildings between the hours of 8:00 p.m. and 7:00 a.m. 22. Prior to initiation of business activities and opening of the business to the general public, the applicant shall obtain a Business License from-the Finance Division, which shall be maintained as Tong as the business is in operation. 23. In accordance with the CC&R's, the responsiblee-party shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, landscaping, including parkway landscaping, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public. 24. Decorative paving, or other decorative material such as stamped color concrete, shall be installed at project entrances. '25., Provide bicycle parking-facilities/racks that can serve a minimum.of-10-bicycles-spaces. Bicycle racks shall be interspersed throughout the site so that all phases are served. 26. Signage within the Project shall be constructed in accordance with the approved Master, Sign Program, as it may be modified by the Planning Commission and/or City Council. 27. Exterior security cameras shall be installed at the rear of the project and monitored by the business owner. 28. Additional variation in building wall and roof planes shall be incorporated into the architecture of the Fast Food elevations and south side of the Stater Bros. building to add interest and help to break up building mass, subject to the review and approval of the Community and Economic Development Director. Page 9 of 11 121 29. The menu boards shall be screened from the public right of way through the use of landscaping, garden walls, and/or similar features, subject to ';the approval of the Community and Economic Development Director. The height of the landscaping shall not obstruct windows. 30. During all project site excavation and grading on site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating mufflers consistent with manufacturers' standards. 31. The construction contractor shall stage construction equipment and material storage a _ minimum of one hundred (100) feet from any existing off site structures and a minimum of fifty (50) feet from property lines. 32. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. No construction activities are allowed on Sundays and federal holidays except for emergencies, and/or subject to approval by the Building Official, which shall not be unreasonably withheld. 33. Pursuant to the approved Master Development Sign Program a maximum of twelve (12) freestanding signs shall be permitted. The base of all freestanding signs shall incorporate a landscape planter area to screen the pedestals. 34. In the event that the Gage Canal is constructed as public cul-de-sac to provide access to the commercial center, two (2) additional signs will be considered under a separate permit, as depicted in the Master Development Sign Program. 35. The proposed Freeway Sign shall be revised to reduce the sign area from six hundred and forty (640) square feet to a maximum sign area of four hundred and ninety-seven (497) square feet. 36. Prior to the installation of any signs, a sign permit shall be obtained. The Community and Economic Development Director shall limit review of the sign permit, to whether signs are consistent with the provisions of the adopted Master Sign Program and Sign Program for any Development Unit. If signs are consistent with the Master Sign Program and applicable Development Unit Sign Program, the sign permit shall be approved. 37. The Town Square Master Development Plan, Development Unit, 1 and all subsequent Development Units shall be subject to the Bonus Incentive Points Program attached hereto as Exhibit 3. i 38. Lighted signage shall not be permitted on the south side of any building within one hundred (100) feet of the south property line. i , Page 10 of I 1 12; PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 27th day of July, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Mesa Maryetta Ferre City Clerk Mayor Page 1 l of 11 123 Building and Safety/Public Works Department Conditions of Approval Date: July 6, 2010 Applicant: Grand Terrace Jacobsen Family Holdings, I,LLC Project: Town Square Master Development Plan and TPM 17787, Site and Architectural Review No. 07-07. W.O. # 12-8.5459 Public Works/EnFineerinz First Plan Review for Tentative Parcel Man A'pnroval The following documents are required to be submitted to Public Works Department and are in addition to the plans submitted to the Planning Department. (1) Grant Deed showing all recorded easements. (4) Water/Utility Plans. (4) Sewer Plans or connections to existing sewer. (4) Storm drain/drainage improvement plans. (4) Dedication of right-of--way for Michigan Street indicated on TPM 17787. (4) Street improvement plans, Michigan Street and Barton Road. (4) TPM 17787. Building and Safety Submittals for Plan Review and Issuance of Building Permits. The following documents were received and determined to be complete for the purpose of plan review submittals. Items (1-11) have been submitted for plan review; of the proposed Stater Brothers Market. The remaining items (12-16)have been submitted by NA Associates. 1. (4) Architectural Plans, 2. (4) Structural Plans, 3. (2) Structural Calculations, 4. (4) Plot/Site Plans, 5. (4) Electrical Plans, 6. (4) Electrical Load Calculations 7. (4) Plumbing Plans/Isometrics, Water, Sewer and Gas 8. (4) Mechanical Plans 9. (4) Mechanical Duct Layout Plans 10. (2) Roof and or Floor Truss Plans 11. (2) Title 24 Energy Calculations 12. (4) Rough Grading and Precise Grading Plans 13. (2) Water Quality Management Plan, (WQMP) and Erosion Control Plan 14. (2) Storm Water Pollution Prevention Plans, (SWPPP) 15. (2) Hydrology Reports 16. (2) Soils Reports 121 1 4bV lr Vl Buildinr.& Safety/Public Works General Information All structures shall be .designed in accordance with the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Plumbing Code, and the 2007 California Electrical Code adopted by the State of California and the City of Grand Terrace. All work performed in the-public right-of-way shall comply with San Bernardino County Public Works Standards and'Specification for Construction within Public Right of Way. Street cut deposits ($1,000.00)are required for each street cut in City streets. The Developer/Owner.is'responsible for coordination of the final occupancy. The Developer/Owner shall obtain clearances from each City department and division as required, prior to requesting a final building inspection from Building & Safety. Each City agency shall sign the bottom of the Building and Safety Job Card as indicated. Building and 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. The Developer/Owner may also request inspections at the Building & Safety public counter. The entire construction site shall be protected by a chain link fence behind the sidewalk at the public right-of-way. The fencing shall be maintained at all times during construction. Fencing can be removed to perform the on-site common area improvements. (2007 California Building Code, Chapter 33, Section 3306.1 and 2). Toilet facilities shall be provided for construction workers on the site. The 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. Prior to the issuance-of building permits, all construction materials which are not used shall be recycled pursuant to Ordinance No. 243, Recycling and Diversion of Construction and Demolition Waste. Prior to commencement of building construction, every applicant shall submit a properly completed "Waste Management Plan" (WMP) to the WMP Compliance Official in a form as prescribed by that Official. The completed WMP shall contain the following: A. The square footage of the proposed project; B. The estimated weight of project waste to be generated by materials type;- C. The maximum weight of such materials that can feasibly be diverted via Reuse or Recycling by materials type; D. The facility(s)that the materials will be hauled to and their expected diversion rates by material type; E. The vendors(s) that the applicant proposes to use to haul the materials. _ F. Estimated weight of construction and demolition waste that will be disposed. 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 the Building & Safety and the Community Development Departments. A. Installation of a construction trailer, or 125 B. Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers of any type shall be located in the public street right-of-way. i Building Permit Conditions 1. Prior to issuance of grading permits, receipts from the Regional Water Board shall be submitted showing that all Regional Water Board fees have been paid. 2. Prior to issuance of grading permits, copies of encroachment agreements shall be submitted from all affected adjacent properties consistent with the contours on the grading plans. _ 3. No flammable materials will be allowed on the site until the on-site'water service is installed and approved by the Riverside Highland Water Company. On site fire hydrants shall be installed and active prior to occupancy of any structures, and approved by the Fire Department and Riverside Highland Water Company. 4. Prior to issuance of building permits, pad certifications shall be submitted to Building & Safety. The pad certifications shall be wet stamped by the engineer of record. Prior to concrete placement, an engineer's certification shall be' submitted for the finish floor elevation and set backs of the buildings. The certification shall reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. 5. Prior to issuance of building permits, a school fee certificate from'the Colton Joint Unified School District shall be submitted showing that all applicable school fees have been paid. 6. Prior to issuance of building permits, a Will Service Letter from Riverside Highland Water Company shall be submitted on file with Building& Safety, Contact(909) 825-4128. Public Works Conditions i 1. As a condition of issuance of building permits, the applicant shall pay the following applicable development impact and or connection capacity fees as required by the City ordinance as set forth in any applicable Development Agreement. a. Storm Drainage Facility Fees b. General Facilities Fees c. Parkland and Open Space Acquisition Fees d. Circulation Impact Fee e. Arterial Improvement Fees f. Sewer Hook-Up Fees 2. All on site utilities shall be underground in accordance with applicable City Standards. Street cut permits are required prior to commencing work in the City,'s right of way. 121 I ar\+ 'f V1 Y 3. A Street cut deposit will be collected at the time a public works permit is issued for any work in the City's right-of-way, and held by the City for two years in accordance with Grand Terrace Municipal Code, Title 12, Chapter 12.08, Section, 12.08.080. 4. All required public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code. Street light locations shall be shown on site plans. Coordinate with Southern California Edison to install (1) one 5800 Watt, LS-1, street light in accordance with approved site plans on Michigan Street south of Driveway Number 5, and deposit one year energy cost for the street light in the amount of $105.00 to the City of Grand Terrace. Street lights shall be installed in accordance with approved site plans which have been submitted to Southern - California Edison for review. 5. Underground retention and filtration areas shall be provided for the site, in accordance with approved drainage improvement plans, in connection with the construction of Development Unit 1. Storm flows may be retained in a retention area designed for such flows as indicated on the approved drainage improvement plans. Drainage improvement plans which indicate retention and filtration areas shall be submitted to Building and Safety with grading plans for approval. 6. Preliminary plans have been submitted for review of the retention areas for storm water flows with the intent to retain all storm flows on-site. 7. The project applicant or his designee shall be responsible, at its sole expense, for construction of all frontage improvements along Barton Road, including the design and constriction of the proposed traffic signal at Project Driveway No. 2, in conformance with applicable City standards and specifications. The project applicant or his designee shall be eligible for reimbursement of fair share contributions from future development based on fair share studies which the City shall make a condition of development of other projects which benefit from the Barton Road improvements and the traffic signal. Design and construction plans for the subject signal and associated street improvements shall be submitted for review and approval by the City. No deceleration lanes will be required for the project driveways as part of Phase 1 improvements, but may be considered for future phases of development. Improvements to Barton Road shall include an 8-foot wide bus turnout located between Vivienda Avenue and Project Driveway No. 1, or as approved by the Public Works Director. 8. The applicant or his designee shall be responsible, at its sole expense, for constructing partial width frontage improvements on Michigan Street as a Secondary Highway, in conformance with applicable City standards and specifications. Improvements shall include curb and gutter and a temporary transition/taper area on the northbound approach of Michigan Street, as well as any necessary utility relocation. The applicant or his designee shall be eligible for reimbursement of the fair share conditions from future development, based on fair share studies which the City shall make a condition of development of other projects which benefit from the Michigan Street improvement and utility relocation unless other arrangements for street improvements are made. 127 COUNTY FIRE DEPARTMENT �`y. PUBLIC AND SUPPI SERVICES GROUP `1 OFFICE OF THE FIRE MARSHAL ; �,.� PAT A.DENNEN Community Safety Division Fire Chief 620 South"E"Street—San Bernardino,CA 92415-0179 \ County Fire Warden (909)386-8465-(909)386-8463-(909)386-8466 Fax(909) 386-8460 AUGUST 14,2008 EXPIRATION:AUGUST 2010 f GRAND TERRACE TOWN SQUARE I FILE: SPR GTO8128925 LOCATION: BARTON & MICHIGAN-GRAND TERRACE PROJECT TYPE: SITE PLAN REVIEW FOR TOWN SQUARE PROJECT NUMBER OF LOTS(if applicable): NIA APN: 1167-231-12, -13, -15, -03, -21 &-09 PLANNER INDEX: SA 07-07,'TPM 08-01 ! 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 following information of this document sets forth the FIRE CONDITIONS and STANDARDS of which are applied to this project. i I - FIRE CONDITIONS: I Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department _ herein ("Fire Department"). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current Uniform Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department. [F-1] Additional Requirements. In addition to the Fire requirements stated herein, other on site and off site improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. [F-1a] Fire Equipment - Agreement/Surety. The applicant shall execute an agreement with the County of San Bernardino, (if applicable-San Bemardino County Redevelopment Agency the Fire Department, to ensure that ali fire equipment necessary to serve the project is available when necessary or the applicant may submit surety.in a form and amount acceptable to County Counsel and the Fire Chief. [F-7] I Access Requirements. The applicant shall submit emergency/evacuation road access Iplans to the Fire Department for review and approval. These plans shall include: (check all that apply). [F-9] Primary Access Route. The plan shall show all planned road widening with minimum widths of twenty-six a feet (26') unobstructed [FS1/FS2/FS3 NO shoulder parking allowed, with an unobstructed vertical clearance of no less than 14 feet 6 inches(14' 6"), and with grades not exceeding twelve percent(12 ❑ Secondary Access Route. The plan shall show all planned toad widening with minimum widths of twenty feet (20') unobstructed, with NO shoulder parking allowed, with an unobstructed vertical clearance of no less than 14 feet 6 inches(14' 6"), and with grades not exceeding twelve percent(12 i 121 JrMAX 1 V0/160VIC0 AUGUST 14, 2008 PAGE 2 ❑ Road Width Variance/Turnouts. The plan shall show required turnouts as mitigation for the requested variance to allow road widths to.'be no less than I feet in width and for lengths not exceeding feet, in lieu of the required minimum width of (26) feet,for primary access and twenty feet,(20) for secondary access]. The turnouts shall be a minimum 6 feet wide and 40 feet long and shall be installed approximately every six hundred (600) feet along the reduced segment of the roadway. These turnouts are ,to be designed, spaced and constructed as determined by the Fire Department. The turnouts are to be located at all fire hydrants and at any other point determined necessary for fire protection or other emergency response purpose. �,. ❑ Planned width and location of all internal access drives and parking areas. ❑ Written verification of legal access to the project site (and each phase) from the County maintained road for both the-primary and secondary access routes. ❑ Other (list) Fire Fee. The required fire fees (currently $802.00) shall be paid to the San Bernardino County Fire Department/Community Safety Division (909) 386-8465. This fee is in addition to fire fees that are paid to the San Bernardino County Land Use Services Department. [F-40] Access. The development shall have a minimum of 2 points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. Standard 902.2.1 [F-41] Single Story Road Access Width: {v; All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six(26) foot unobstructed width and vertically to fourteen (14)feet six(6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. Multi-Story Road Access Width: Buildings 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. Water System Large Commercial. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. The applicant is required to provide a' minimum of one new six (6) inch fire hydrant assembly with one (1) two and'one half(2 1/2) inch and two (2) four (4) . inch outlet. All fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than one hundred fifty(150)feet from any portion of a structure. [F-54a] Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site. [F-57] Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and 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 showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. Standard 101.1 [F-59] 129 SPR GT08/28925 AUGUST 14, 2008 PAGE 3 Fire Alarm. An automatic monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required 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 Department for review and approval. The required fees shall be paid at the time of plan submittal. Standard 1007.1.1 FA..[F-62] Hood And Duct Suppression. An automatic hood and duct fire extinguishing system lis required. A Fire Department approved designer/installer shall submit three (3) sets of detailed plans (minimum 1/8" scale) with manufactures' specification sheets to the Fire Department for review and approval. The required fetes shall be paid at the time of plan submittal. [F-65] Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by— the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than"three (3) feet from the hydrant and at least six (6) feet high'above the adjacent road. Standard 901.4.3. [F80] Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or externall. Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. Standard 901.4.4 [F82] Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. In commercial, industrial and multi- family complexes, all swing gates shall have an approved fire department Knox Lock. Standard 902.4[F85] Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall bit approved by the Fire Department. [F88] ADDITIONAL REQUIREMENTS: Commercial projects with an aggregate building square footage of 100,000 or more square feet requires a minimum ten (10) inch underground fire main with two(2) points of connection to the municipal source and contain fire hydrant laterals eight(8) inches in diameter. (County Fire Standard 508.1) Sincerely, MARK ANDERSON, Fire Prevention Specialist San�Bernardino._County Fire Department Community Safety Division MA:wc i G mw:commsafetycommunitysafetyforms and corn munitysafetyp Ian ning&engineeringfireletters:fireletterDAB-DRC.doc 13( Bonus Incentive Points Town Square Master Development Plan and Development Unit 1 Page 1 of 2 The following methodology allocates Bonus Incentive Points to each element of the Project which either falls into a specific category established by the Barton Road Specific Plan for such allocation(e.g., lot consolidation, reciprocal access and reduced access points, integrated design and architecture), or as proposed by the Development where the Project exceed the Barton Road Specific Plan standards within a particular phase (e.g., enhanced landscaping, pedestrian amenities, enhanced design detail). Bonus Incentive Points for Master Development Plan(all phases) Points Allocation Proposed Recommended Consolidated lots into single master plan(Master Plan Area 1 of 20 20 Planning Area 1 of the BRSP) in a single integrated Plan Reciprocal Access and reduced access points 10 10 Reciprocal parking for access within phased development 10 10 Master design and integrated style 10 5 Master sign program/integrated style/consolidated face/reduced 10 5 number Total Bonus Points/All Phases 60 50 Bonus Incentives Points for Phase 1 (Development Units 1 &2 Points Allocation Provision of public or semi public pedestrian open space 5 5 Covered trellis with landscaping and pedestrian walkway(enhanced 5 5 focal point) Scored pattern/decorative sidewalks at store fronts 5 5 Enhanced landscaping in parking lot areas 5 5 Total.Bonus Points/Phase 1 20 20 Total Bonus Points TSMDP+ Phase 1 80 70 Based on the points allocation set forth above, the entire project is entitled to 70 Bonus Incentive Points, 50 of which attach to the Master Development Plan as a whole, and 20 of which are accrued within Phase 1. 131 Bonus Incentive Points Town Square Master Development Plan and Development Unit 1 Page 2 of 2 Proiect features which e�cceed City standards and for which Incentive Bonuses are requested in the form of reduced standards: Proposed Recommended Increased building (tower) height for Stater Bros. Market Off-setting consideration: Tower is not occupied space, and adds -3 -3 articulation of building surfaces, distinguishes anchor Stater Bros. and adjacent parking lot lighting height Off-setting consideration: Tenant height requirement,redesign to mitigate with City-standard lights along perimeter; design avoids -5 -7 "hot-spots" in parking fields and reduces number of lighting elements in parking fields Queuing at Driveway No. 1: Allow one vehicle(20 feet) queuing, -3 -5 add signage"No stopping or standing; direct to alternate access" Total Bonus Points Deducted -11 -15 Balance of Bonus Points Remaining 69 55 Future Phases: Under the Barton Road Specific Plan and this methodology, the Developer may seek, and receive additional Bonus Points in connection with development of future phases. The allocation and use of Bonus Points will be approved pursuant to Site and Architectural Review. 13 .1LItJR\I\ AGENDA REPORT MEETING DATE: July 27, 2010 Council Item ( X ) CRA Item ( ) SUBJECT: Hearing for Special Assessment and Lien for Nuisance Abatement at 12559 Michigan Street PRESENTED BY: Community and Economic Development Department RECOMMENDATIONS: l. Approve the Record of Costs of Abatement at 12559 Michigan Street in the amount of$10,113.60. 2. Adopt Resolution No. confirming abatement costs and authorizing special assessment and property lien on 12559 Michigan S treet. BACKGROUND: Nuisance abatement at 12559 Michigan Street has been completed as previously approved and under a Superior Court Abatement Warrant issued on April 8, 2010. The abatement included removal of an illegal structure at the rear of the property and other combustible materials. Current photographs of the site are shown in Attachment 1. A Notice of Action was recorded with the Office of the County Recorder prior to incurring the abatement costs to notify any person searching the property title of the pending action. DISCUSSION: To recover abatement costs, Municipal Code Chapter 8.04 (Nuisance Abatement) requires that the Council first consider and approve the costs incurred. The total cost, including staff time, is $10,113.60 as shown in the attached cost accounting (Attachment 2). With Council approval, reimbursement of the nuisance abatement costs and staff time would then be pursued through a special assessment filed with the County Auditor Controller and by recording a lien against the property with the Office of the County Recorder. In accordance with the Municipal Code, the cost accounting was posted at City Hall at least five days prior to consideration by the Council. The property owner of record was notified of the hearing set to hear their response to the notice of the special assessment and lien. It is recommended that the Council direct staff to pursue these remedies described above. The fees would then be collected at the same time as regular property taxes. COUNCIL AGENDA ITEM NO. 1 FISCAL IMPACT: The $10,113.60 assessment will be turned over to the tax collector in September, 2010. Once recovered by the City, costs paid by the Agency for the surveys and abatement ($6,240.00) and legal costs ($290.00) will be returned to the Agency. In the event of a change of ownership prior to November 1 (the date the first installment taxes become available), the charge will be removed from the secured tax rolls and placed,on the unsecured roll to be billed against the previous owner. Prepared by, r-l-ef-2t-n-e— Jeanne Ruvolo, Code Compliance Officer Respectfully submitted, Joyce Powers Community and Economic Development Director Manager A proval: -: Betsy A Adams City Manager/CRA Executive Director ATTACHMENTS: 1. Photographs of completed nuisance abatement 2. Record of Costs of Abatement 3. Resolution No. .wi(.v.7 3C_`;{ ATTACHMENT NO. 1 PHOTOGRAPHS OF COMPLETED NUISANCE ABATEMENT 12559 MICHIGAN STREET P 1 rM_ •'��,{�\i� ./:.-.,A - *��,! wrrL v,.iN- c y Y�r 7•-r� 4•. w..... _" �r�`f.� ?�l'y''►. '.' :-'.�:4'.:ty��7T. .'„t -,..•,::- �i.s• -drr: ,-_ __...•:.dn, Y ?,`T, vY,r� .. ^~• +~ - •:b✓�^w:...of - r 4..� 1r R.r � ^+.N•��i�_ - _k tip,41 yam' S 'v (,y•"Jt J'� �T of .ff+}_,� it '�' Y"f .:,�'��'.'�f'7rY.I..Atri�,q ^] •r =�:. '-^;".u-:1T^ �y ��gt�'�.� � - ,� 1"'�y�.','wp. w�i�'���a�FS�..�»• :J• �.a�.,pY�:�`i - _ .,. e- _ _ ;:��i;�^,'s(�aYy�`"'T.:3� "�•,�'Siiir e,i'�'•• ._.y 1 E?�Y*..4 u - of--�.s�2�ti¢-" `-�.i%.r-_:.: .__ * —'4 '''�-�• ��y:�d��r'r�T'�,.' - a ...�,r,�� ;�,�ss +- r +_ -' •�_ 1 :� -'S.. 4»� YS-cur-'r.�y i' ..y^p^..v_,;R5tir_ t��i+�r``�^ '"-a'. :��•`- �x,' ar."''y•� a yL r�;'�:'l;�r,'6di,:2;:�+ry^�r.Ta•:l•:'e..,.:c,:�L+- �:�. ':f�,r r .g;���'�''?,.a'; .......��`•ne ��yY:= "s:;r." tom: ..lX"/4'��Y'3.+uf4l:.v�'.•fT s'1.'t''- �`�`-..L _ .,�.N-'',i.'_t,`.. .. .._",, .. tye`i'-•.Lr - i.Mii" ` '".j G•+ vests.., a ` ny - .. ..--. QJV^• . .a _. 3 ATTACHMENT NO. 2 RECORD OF COSTS OF ABATEMENT 12559 MICHIGAN STREET SUMMARY OF COSTS: 12559 Michigan Street TOTAL Staff time: Jeanne Ruvolo $2,415.00 Staff time: Joyce Powers $ 849.54 Staff time: Richard Shields $ 283.18 City Attorney John Harper $ 290.00 Certified and First Class Mail Postage $ 35.88 Lead and Asbestos Survey and Report by $1,250.00 Consultant General Environmental Management Services Nuisance Abatement by Contractor Dakeno, Inc. $4,990.00 TOTAL EXPENSES $10,113.60 5 ATTACHMENT NO. 3 PROPOSED RESOLUTION ADOPTING COST ACCOUNTING, SPECIAL ASSESSMENT,AND LIEN RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A RECORD OF ABATEMENT AND ADMINISTRATIVE COSTS AND DIRECTING THAT SUCH COSTS BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS A LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE WHEREAS, pursuant to Chapter 8.04 of the Grand Terrace Municipal Code, property owners with premises within the City shall keep their property free of public nuisances. WHEREAS, pursuant to Chapter 8.04 of the Grand Terrace Municipal Code, a properly noticed public hearing was held on August 6, 2009 and a determination was made that conditions at 12559 Michigan Street constitute a public nuisance. WHEREAS, certain property owners of 12559 Michigan Street, Grand Terrace, California, as shown on the last available assessment roll, have failed to take action to abate the public nuisance. WHEREAS, pursuant to Chapter 8.04 of the Grand Terrace Municipal Code, if property owners fail to maintain their property free of public nuisances, the City shall cause the property to be abated. WHEREAS, pursuant to Chapter 8.04 of the Grand Terrace Municipal Code the owner of the premises shall be liable to the City for all costs of such abatement, including administrative costs. WHEREAS, the City Council of the City of Grand Terrace held a properly noticed hearing on July 27, 2010; and WHEREAS, the City Council, having considered the Record of Costs of Abatement, together with any objections and protests by property owners, desires to declare the costs as a special assessment and cause such costs to be recorded as a lien against the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1: The total cost for abating the nuisance (Record of Costs of Abatement attached' as Exhibit "A") filed with the City Clerk contains an account of the cost, including- incidental expenses, of abating the nuisances on the parcel of land. The Record of Costs of Abatement is therefore approved and adopted. Section 2: The Finance Director shall file with the San Bernardino County Auditor Controller a copy of the Record of Costs of Abatement, with a statement endorsed thereon over the signature of the City Clerk, that it has been fully adopted by the City Council, together with a certified copy of this Resolution. Section 3: The County Auditor Controller will record and enter the assessment on the property tax roll against the property and shall be collected on the tax roll for fiscal year 2010-201 1 to the same manner, by the same person, at the same .time, together with and not separately from, the general taxes. 7 Section 4: Upon recordation of the Special Assessment with the County Auditor Controller a notice of lien on the property for the amount of the assessment shall be recorded with the office of the County Recorder. PASSED, APPROVED AND ADOPTED this 271h day of July, 2010. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City.of Grand Terrace and of the City Council and of the City Council thereof I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27`h of July, 2010 by the following vote: AYES: NOES: 7 ABSENT: ABSTAIN: Approved as to form: John Harper, Brenda Mesa, City Attorney City Clerk EXHIBIT "A" RESOLUTION NO. RECORD OF COSTS OF ABATEMENT 12559 MICHIGAN STREET, GRAND TERRACE, CA 92313 TOTAL 1� �= Staff time: Jeanne Ruvolo $2,415.00 Staff time: Joyce Powers $ 849.54 Staff time: Richard Shields $ 283.18 City Attorney John Harper $ 290.00 Certified and First Class Mail Postage $ 35.88 Lead and Asbestos Survey and Report by $1,250.00 Consultant General Environmental Management Services �- Nuisance Abatement by Contractor Dakeno, Inc. $4,990.00 TOTAL EXPENSES $10,113.60 9