09/11/2007 -'.F,,ILE --COPY ,
4LITy
GRANDTERR CE September 11,2007 '
22795 Barton Road -
Grand Terrace
California 92313-5295
Civic Center
j ' ' ;(909)824-6621
Fax(909)783-7629 ;
Fax(909)783-2600
CITY,-OF GRANT) TERRACE
'Maryetta Ferre
Mayor
p Lee Aim Garcia CRA/CITY-COUNCIL- `
:Mayor Pro Tem. - ' -
Bea Cortex; _ REGULAR MEETINGS , ,.,,
Jim Miller
DannalMenBuchanan I 2ND-AND-,4TH'T,uesday - 6:00'p m Council hfcmbers - - - • M.
Thomas J.Schwab
City Manager
Council,Chambers
Grand,Terrace Civic Center
' 22795 Barton Road =
-Grind Terrace, -CA-92313-52'95
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS September 11, 2007
GRAND TERRACE CIVIC CENTER 6:00 PM
22795 Barton Road
THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990.IF YOU
' REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S
OFFICE AT(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST
TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL
BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME.
* Call to Order-
* Invocation-
* Pledge of Allegiance-
* Roll Call-
STAFF COUNCIL
AGENDA ITEMS RECOMMENDATION ACTION
r �
CONVENE COMMUNITY REDEVELOPMENT AGENCY 6 PM
1. Approval of 08-28-2007 Minutes Approve
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL MEETING
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Proclamation - Childhood Cancer Awareness Month -
September 2007
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member,Staff Member,or Citizen
may request removal of an item from the Consent Calendar for
discussion.
A. Approve Check Register Dated September 11,2007 Approve
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 08-28-2007 Minutes Approve
D. Award Contract for the Asphalt Crack Sealing to Roadworks, Award
Inc.
E. Authorize Funds from Undesignated General Fund Balance Authorize/Appropriate
for Two Projects at the Grand Terrace Child Care Center
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COUNCIL AGENDA
09-11-2007 PAGE 2 OF 3
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
F. Award of the Street Slurry Contract to American Asphalt, Award
Inc. for the 2007-08 Slurry Seal Program
4. PUBLIC COMMENT
I
This is the opportunity for members of the public to comment j
on any items not appearing on the regular agenda. Because of
restrictions contained in California Law,the City Council may
not discuss or act on any item not on the agenda, but may
briefly respond to statements made or ask a question for '
clarification. The Mayor may also request a brief response
from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
5. REPORTS
A. Committee Reports
1. Emergency Operations Committee +
a. Minutes of August 7,2007 Accept
B. Council Reports j
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6. PUBLIC HEARINGS
A. An Ordinance of the City Council of the City of Grand Approve
Terrace, California, Amending Grand Terrace Municipal
Code, Chapter 10, Section 10.08, Establishing Speed Limits
for Various Streets in the City of Grand Terrace
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7. UNFINISHED BUSINESS
A. Second Reading of an Ordinance of the City Council of the Approve j
City of Grand Terrace Approving Zone Change No.07-01(Z-
07-01) to Add the R3-S Zoning Classification to the City's
Zoning Code and to Change the Zoning of the Blue Mountain
Senior Villas Site Located at 22627 Grand Terrace Road From
R1-7.2(Single Family Residential)to R3-S(Multiple Family-
Senior Citizen) and Environmental Assessment No. 07-02
(Final Environmental Impact Report)
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Second Reading of an Ordinance of the City Council of the
City of Grand Terrace Approving Specific Plan No. 07-01
(SP-07-01 -Blue Mountain Senior Villas Specific Plan)and
Environmental Assessment No. 07-02 (Final Environmental
Impact Report)
8. NEW BUSINESS
A. Award Street Sweeping Contract with Kellar Sweeping, Inc. Award
B. Measure I Capital Improvement Plan for FY 2007-2010 Approve
C. Memorandum of Understanding with Grand Terrace Partners Approve
LLC
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COUNCIL AGENDA
09-11-2007 PAGE 3 OF 3
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
9. CLOSED SESSION-None
ADJOURN
THE NEXT CRA/CITY COUNCIL MEETING WILL BE A
JOINT MEETING WITH THE COLTON JOINT UNIFIED
SCHOOL DISTRICT BOARD ON TUESDAY,SEPTEMBER 25,
2007 AT 6:00 P.M.-851 S. MT. VERNON AVENUE,COLTON
.......................................................................................................................
AGENDA ITEM REQUESTS MUST BE SUBMITTED IN
WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN
14 CALENDAR DAYS PRECEDING THE MEETING
PENDING CRA APPROVAL
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING-AUGUST 28, 2007
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 August 28, 2007 at 6:00 p.m.
PRESENT: Maryetta Ferre, Chairman
Lee Ann Garcia, Vice-Chairman
Bea Cortes, Agency Member
Jim Miller, Agency Member
Dan Buchanan, Agency Member
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Gary Koontz, Community Development Director
Richard Shields, Building & Safety Director
John Harper, City Attorney
Lt. Hector Guerra, Sheriffs Department
ABSENT: San Bernardino County Fire
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6.00 P.M.
APPROVAL OF 08-14-2007 MINUTES
CRA-2007-22 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER
MILLER, CARRIED 5-0, to approve the August 14, 2007 Community
Redevelopment Agency Minutes.
SECOND READING OF AN ORDINANCE OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF GAND TERRACE
CONTAINING A DESCRIPTION OF THE AGENCY'S PROGRAM TO
ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
CRA-2007-23 MOTION BY AGENCY MEMBER BUCHANAN, SECOND BY AGENCY
MEMBER CORTES,CARRIED 4-1 (VICE-CHAIRMAN GARCIA VOTED NO),
to approve the second reading of an Ordinance of the Community Redevelopment
Agency of the City of Grand Terrace Containing A Description of the Agency's
Program to Acquire Real Property by Eminent Domain
Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:20 p.m., until the
CRA AGENDA ITEM NO.
�I
Community Redevelopment Agency Minutes
August 28,2007
Page 2
i
next CRA/City Council Meeting that is scheduled to be held on Tuesday,September 11,2007 at 6:00
p.m.
i
SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace
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4,
Ak; 7101
Childhood Cancer Awareness Month
September 2007
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection
report cancer is the leading cause ofdeath by disease among children in the United States. This
tragic disease is detected in more than 20,000 of our nation's young people each and every
and year,
WHEREAS,founded nearly fifteen years ago by Steven Factor Firestein,a descendent
of cosmetics magnate Max Factor, the American Cancer Fund for Children, Inc. and sister
organization,Kids Cancer Connection,Inc. are dedicated to helping these children and their
families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection
provide a variety of vital patientpsychosocial services to children undergoing cancer treatm
ent!
�
at Children's Hospital Orange County:Department
ofHematologylOncology and the City of
7---'
Hope National Medical Center's Comprehensive Cancer Center, as well as participating
hospitals throughout the country, thereby enhancing the quality of life for these children and'�
their families; and
WHEREAS, through its uniquely sensitive and comforting Magical Caps for Kids
program, the American Cancer Fund for Children and Kids Cancer Connection have
distributed more than 100,000 beautifully hand made caps and decorated baseball caps to
children who want to protect their heads following the trauma of chemotherapy,surgery,bone
marrow transplants and/or radiation treatments;and
WHEREAS,theAmerican Cancer Fund for Children and Kids Cancer Connection also
sponsor nationwide Courageous Kid Recognition Award ceremonies and hospital celebrations
in honor of a child's determination and bravery to fight the battle against childhood cancer.
• NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby r
proclaim September 2007 as Childhood Cancer Awareness Month.
This JP day of September, 2007.
Mayor Ferrij
Mayor Pro Tem Garcia
Council Member Co;ies Council Member Miller Council Member Buchanan
9UNCIC AGENDAiTe; ho
Check Register Dated ( Jtember 11, 2001
vchlist Voucher List Page: 1
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60135 8/23/2007 005584 PETTY CASH 08232007 PETTY CASH
23-200-63-00 26.06
10-110-220-000-000 47.29
10-110-270-000-000 61.06
10-120-210-000-000 12.68
10-140-270-000-000 17.00
10-172-210-000-000 7.99
10-180-210-000-000 6.25
10-180-220-000-000 3848
10-180-246-000-000 8.15
10-180-268-000-000 17.46
10-180-270-000-000 8942
10-190-220-000-000 1799
10-370-220-000-000 100.00
10-370-271-000-000 22.52
10-808-700-000-000 26.66
16-900-255-000-000 1750
Total : 516.51
60136 8/29/2007 006720 SO.CA.EDISON COMPANY 07272007 July Utility Charges
10-440-238-000-000 2,049.53
16-510-238-000-000 262.87
10-172-238-000-000 61 76
10-175-238-000-000 49.40
34-400-238-000-000 135.86
10-190-238-000-000 4,940.91
10-450-238-000-000 1,048.25
2178638763JUL July Utility Charges
15-500-601-000-000 25.37
2241918804-JUI July Utitlity Payment
16-510-238-000-000 2446
Total : 8,598.41
60137 8/30/2007 010116 MONTANO, RUBEN 09252007 Birthday Bonus
10-450-110-000-000 25.00
10-180-110-000-000 25.00
COUNCIL AGENDA ITEM NO. , Page: 1
vchlist Voucher List Page: 2
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60137 8/30/2007 010116 MONTANO, RUBEN (Continued) Total : 50.00
60138 8/30/2007 002673 FLANN, ALISA 09252007 Birthday Bonus
10-175-110-000-000 500
10-172-110-000-000 10.00
34-400-110-000-000 35.00
Total 50.00
60139 8/30/2007 010802 RUVOLO, JEANNE 09292007 Birthday Bonus
10-185-110-000-000 5000
Total : 50.00
60140 8/30/2007 010110 REED, CAROLYN 09102007 Birthday Bonus
10-440-110-000-000 50.00
Total : 50.00
60141 8/30/2007 010247 SANTA-ROSA, JULIA 09142007 Birthday Bonus
10-440-110-000-000 5000
Total : 50.00
60142 8/30/2007 010626 MONTES, MARIA 09192007 Birthday Bonus
34-800-110-000-000 50.00
Total : 50.00
60143 8/30/2007 010115 DUENES, MARION 09252007 Birthday Bonus
10-440-110-000-000 5000
Total : 50.00
60144 - 8/30/2007-010258 GMAC-PAYMENT PROCESSING-CENTER-Septemi er2007 TAHOE LEASE
10-120-273-000-000 554.07
Total : 554.07
60145 8/30/2007 001206 ARROWHEAD CREDIT UNION July/Aug. 2007 July/Aug. VISA Charges
Page: 2
vchlist Voucher List Page: 3
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
60145 8/30/2007 001206 ARROWHEAD CREDIT UNION (Continued)
34-800-268-000-000 315.00
10-110-270-000-000 2,319.29
10-120-270-000-000 857.67
10-180-218-000-000 188.46
10-180-220-000-000 295.59
10-180-268-000-000 173.33
10-180-270-000-000 369.62
10-180-710-000-000 2,392.84
10-190-220-000-000 20.09
10-370-268-000-000 448.00
10-440-219-000-000 175.19
10-440-221-000-000 11.97
10-440-223-000-000 10.52
10-440-228-000-000 143.94
10-440-230-000-000 937.46
10-440-246-000-000 1,142.69
23-200-14-00 616.95
23-200-63-00 1,286.28
32-200-210-000-000 45.85
34-400-219-000-000 441.75
34-800-218-000-000 53.82
Total : 12,246.31
60146 9/4/2007 001907 COSTCO#478 82107160207 C. CARE SUPPLIES
10-440-228-000-000 71.96
10-440-220-000-000 32.19
Total : 104.15
60147 9/4/2007 010546 MPOWER COMMUNICATIONS 387767-Sept. Sept. Phone Services
10-440-235-000-000 274.90
10-450-235-000-000 5998
10-805-235-000-000 3276
Total : 367.64
60148 9/11/2007 001213 AT&T 9098247013793 Aug C. Care DSL Service
10-440-235-000-000 69.82
Page: 3
vchlist Voucher List Page: 4
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
60148 9/11/2007 001213 AT&T
(Continued) Total : 69.82
60149 9/11/2007 010293 AVAYA, INC. 2725982107 PHONE SYSTEM &VOICE MAIL MAINTENANCE
10-190-246-000-000 183.46
Total : 183.46
60150 9/11/2007 010804 BLUE MTN PICTURE FRAMING 335 Framing
10-190-220-000-000 270.62
Total : 270.62
60151 9/11/2007 001907 COSTCO#478 04780900636 C. CARE SUPPLIES
10-440-228-000-000 91.81
10-440-220-000-000 143.65
Total : 235.46
60152 9/11/2007 010711 DANKA FINANCIAL SERVICES 65982251 MO. TOSHIBA E-STUDIO COPIER LEASE
10-172-246-000-000 63.24
10-175-246-000-000 31.62
34-400-246-000-000 63.24
Total : 158.10
60153 9/11/2007 001942 DATA TICKET INC. 21455 July Monthly Service
10-140-255-000-000 100.00
Total : 100.00
60154 9/11/2007 003210 DEPT 32-2500233683 010318/415917,e C.-Care Gas Dryer
10-440-219-000-000 662.28
02476.7/001.082_ :TOOLS
10-180-218-000-000 38.91
10-180-218-000-000 3.11
16-510-255-000-000 13.60
030760/404361E MAINT SUPPLIES
10-180-218-000-000 39.97
10-180-218-000-000 3.20
Total : 761.07
60155 9/11/2007 002082 DISCOUNT SCHOOL SUPPLIES D07908380001 SCHOOL AGE SUPPLIES-
10-440-223-000-000 49.76
l Page: 4
vchlist Voucher List Page: 5
0910512007 3:06:12PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
60155 9/11/2007 002082 DISCOUNT SCHOOL SUPPLIES (Continued) Total : 49.76
60156 9/11/2007 002165 DRUG ALTERNATIVE PROGRAM 7014 WEED CONTROL AT PARKS
10-450-245-000-000 500.00
Total : 500.00
60157 9/11/2007 002740 FRUIT GROWERS SUPPLY 320090105 MAINT SUPPLIES
10-450-245-000-000 0.81
10-450-245-000-000 10.39
32090123 MAINT SUPPLIES
10-450-245-000-000 2.26
10-450-245-000-000 0.18
Total : 13.64
60158 9/11/2007 002901 G.T. AREA CHAMBER OF COMMERCE 4694-AD JULY BURRTEC FULL PAGE AD
10-180-230-000-000 800.00
Total : 800.00
60159 9/11/2007 010769 INTERNATIONAL, PAVEMENT SOLUTION49385R Barton Bike Lane Retention
44-200-622-000-000 6,874.85
Total : 6,874.85
60160 9/11/2007 010788 JOHN DEERE CO. 96048423 4320 TRACTOR 72"MID-MOUNT MOWER
10-450-705-000-000 28,839.52
10-450-705-000-000 2,235.06
Total : 31,074.58
60161 9/11/2007 004299 LAKESHORE LEARNING MATERIALS 021245 C. CARE SCHOOL AGE SUPPLIES
10-440-223-000-000 204.93
Total : 204.93
60162 9/11/2007 010669 MERRY MAIDS 6457 CLEANING FOR BUILDING &SAFETY/HOUSING
34-400-246-000-000 125.00
Total : 125.00
60163 9/11/2007 001456 OFFICE MAX CONTRACT INC. 881683 Ofc Supplies& Book cases
10-440-210-000-000 1,398.54
Page: 5
vchlist Voucher List Page: 6
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60163 9/11/2007 001456 OFFICE MAX CONTRACT INC. (Continued)
896188 Custom Stamp
10-440-210-000-000 30.71
906375 RETURN-WRONG ITEMS ORDERED
10-440-210-000-000 -43 16
906519 Folder, LGL Mla 1/3 100 BX
10-440-210-000-000 21.98
973050 RETURN BOOKCASES/BOOKSHELVES
10-440-210-000-000 -934.68
Total : 473.39
60164 9/11/2007 005435 ORIENTAL TRADING COMPANY 618211457-01 SCHOOL AGE SUPPLIES-y
10-440-223-000-000 183.10
618211457-03 SCHOOL AGE SUPPLIES-
10-440-223-000-000 15.90
Total : 199.00
60165 9/11/2007 010803 PEREZ, SYLVIA 08282007 Reimbursement
10-440-28 50.00
Total : 50.00
60166 9/11/2007 005586 PETTY CASH 08292007 Replenish Petty Cash
10-440-220-000-000 23.13
10-440-221-000-000 4940
10-440-223-000-000 60.96
10-440-228-000-000 100.66
Total : 234.15
60167 9/11/2007 010034 RAGUZI, ALEXANDER 208227 Magician at Halloween Haunt
23-200-64-00 375.00
Total : 375.00
60168 9/11/2007 005673 RENTAL SERVICE CORPORATION 34004264-001 EQUIPMENT RENTAL&SUPPLIES
10-180-240-000-000 118.00
10-180-240-000-000 915
Total : 127.15
Page: 6
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vchlist voucher List Page: 7
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60169 9/11/2007 006335 ROQUET PAVING INC. 0816-07 BARTON RD./GLENDORA ROAD PATCHING
16-900-257-000-000 11,670.00
Total : 11,670.00
60170 9/11/2007 006614 SCHWAB, THOMAS 0207 REIMB. TRAVEL EXPENSES
10-120-270-000-000 77.98
Total : 77.98
60171 9/11/2007 006681 SMART& FINAL 115793 SCHOOL AGE SUPPLIES
10-440-223-000-000 86.90
119325 SCHOOL AGE SUPPLIES
10-440-223-000-000 35.64
119935 SCHOOL AGE SUPPLIES
10-440-223-000-000 87.13
Total : 209.67
60172 9/11/2007 006778 STAPLES CREDIT PLAN 3131570472-00(#433616 5-shelf 72"Oak Bookcases
10-440-219-000-000 247.79
Total : 247.79
60173 9/11/2007 006778 STAPLES CREDIT PLAN 08282007 OFFICE SUPPLIES
10-370-210-000-000 50.60
08292007 OFFICE SUPPLIES
10-172-210-000-000 127.19
3131570297 B/S Office Supplies
10-172-210-000-000 101.31
9175160836 OFFICE SUPPLIES
10-180-210-000-000 180.94
10-180-210-000-000 14.02
9175196521 Office Supplies
10-808-210-000-000 51.71
Total : 525.77
60174 9/11/2007 006898 SYSCO FOOD SERVICES OF L.A. 708150260 C. CARE FOOD & SUPPLIES
10-440-220-000-000 623.23
708150261 C CARE FOOD &SUPPLIES
10-440-220-000-000 123.42
Page: 7
vchlist Voucher List Page: 8
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60174 9/11/2007 006898 SYSCO FOOD SERVICES OF L.A. (Continued) Total : 746.65
60175 9/11/2007 010712 TASO TECH, INC. 7686 COMPUTER SUPPORT SERVICES
34-400-220-000-000 157.50
Total : 157.50
60176 9/11/2007 010712 TASO TECH, INC. 124 Network service call-
10-140-250-000-000 183.75
Total : 183.75
60177 9/11/2007 010775 TROPHY HOUSE 02656 Home of Distinction plaque
10-190-220-000-000 24.30
Total : 24.30
60178 9/11/2007 001038 VERIZON WIRELESS-LA 0581901153 Aug/Sept. Cell Phones
34-400-235-000-000 235.43
Total : 235.43
60179 9/11/2007 004593 W.J. MCKEEVER INC 10648 BIKE LANE CONSTRUCTION STAKING
44-200-622-000-000 1,245.00
Total : 1,245.00
60180 9/11/2007 007843 WEST COAST ARBORISTS INC 48508 TREE REMOVAL/TRIMMING-
16-900-260-000-000 432.00
Total : 432.00
60181 9/11/2007 007880 WEST GROUP 814290455 CALIF. CODE UPDATES
10-125-250-000-000 26776
--- ----- -- — T-otal-: -267...76—
60182 9/11/2007 007920 WILLDAN 062-9355 July Review/Inspection Services
10-172-250-000-000 6,493.10
062-9356 07/08 PLAN CHECK& ENGINEERING SERVICES
10-175-255-000-000 1,785.00
Total : 8,278.10
60183 9/11/2007 010519 XEROX CAPITAL SERVICES, LLC 027385747 COPYCENTRE 55 MONTHLY LEASE PAYMENT
10-190-700-000-000 355.95
Page: 8
C"l
vchlist Voucher List Page: 9
09/05/2007 3:06:12PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
60183 9/11/2007 010519 XEROX CAPITAL SERVICES, LLC (Continued) Total : 355.95
60184 9/11/2007 007987 XEROX CORPORATION 026977095 DC 460 COPIER MONTHLY LEASE-
10-190-700-000-000 316.67
Total : 316.67
50 Vouchers for bank code: bofa Bank total : 90,591.39
50 Vouchers in this report Total vouchers : 90,591.39
I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency
liabilities have been audited by me and are necessary and appropriate for the operation of the City and Agency.
Larry Ronn w, Finance Director
Page: 9
CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL
CITY COUNCIL MINUTES
REGULAR MEETING- AUGUST 28, 2007
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 August
28, 2007, at 6:00 p.m.
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PRESENT: Maryetta Ferr6, Mayor
Lee Ann Garcia, Mayor Pro Tern
Bea Cortes, Councilmember
Jim Miller, Councilmember
Dan Buchanan, Councilmember
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Gary Koontz, Community Development Director
Richard Shields, Building & Safety Director
John Harper, City Attorney
Lt. Hector Guerra, Sheriffs Department
ABSENT: San Bernardino County Fire
The City Council meeting was opened with Invocation by Pastor Salim Elias,Azure Hills Seventh-
Day Adventist Church, followed by the Pledge of Allegiance led by Mayor Pro Tem Lee Ann
Garcia.
CONVENE CITY COUNCIL MEETING AT 6:00 P.M.
SPECIAL PRESENTATIONS
A. Homes of Distinction
Assistant City Manager r Berry, announced that Cape Terrace is the winner of the Homes of
Distinction Award.
CONSENT CALENDAR
CC-2007-79 MOTION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0, to approve the following Consent Calendar Items:
COUNCIL AGENDA ITEM NO.
Council Minutes
August 28,2007
Page 2
3A. Approve Check Register Dated August 28, 2007
3C. Approval of 08-14-2007 Minutes
ITEM REMOVED FROM CONSENT CALENDAR
3B. Waive Full Reading of Ordinances on Agenda
CC-2007-80 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the following removed consent calendar item:
3B. Waive Full Reading of Ordinance on Agenda
PUBLIC COMMENT
Patricia Farley, 12513 Michigan Street,indicated that she is very frustrated that she only gets
3 minutes to tell facts and then Councilmembers and staff members make comments that are
inaccurate and that are misleading to the public and she is left to look like she is wrong.
There were several instances of that at the last meeting. Mr.Buchanan and Mr. Schwab both
stated that the City has never use eminent domain in Grand Terrace. I hey feel that they are
being truthful even though they threatened it upon citizens in writing and feels that the public
would think that is not truthful. There was a hearing that Mr. Harper and Mr. Schwab
referred to on the Town Center saying that the City won. She would like to remind them that
when a judge listens to a case they may not hear all the case, tl iey may only make a
judgement on the timeline. The City did not win, in fact what the city presented says that
apparently we are not going to have any chance to have input on the Town Center plan
because they are claiming that it is already approved,even the Planning Commission,at their
last meeting, asked when they are going to get to see the plans. According to this, Gary
Koontz says that the Barton Road Specific Plan where we are requiring a master
development plan does not define Master Development Plan nor does it require any specific
form of approval. She has seen that Mr. Koontz doesn't have to approve it. In addition to
that, Mrs. Ferr6 made a long speech about the High School and the disappointment of the
City if the CJUSD backs down on this. She failed to mention that a huge concern of the
District is reactivating the peeker plant. She feels that there are some problems in the
information that went back and forth and in the decisions, comments of looking at all the
pros and cons have not been paid attention to. In addition, Mr. Schwab has led people to
believe that the City is not looking for more than one high end City Zones. She would like
to remind everyone that the public and the Council should be mad at City Staff that they
fulfill what's required in court. The truth,the whole truth,and nothing but the truth. If they
don't do that they are misleading the public and that is dishonest.
Richard Loder, 12610 Garden Avenue, stated that he has been a resident of Grand Terrace
for 40 years. There have been rumors about the status of Colton Joint Unified School
District High School 43,which is to be located in the City of Grand Terrace. He would like
Council Minutes
August 28, 2007
Page 3
to take this time to thank the Council for assisting the school district in securing land at a
very reasonable price to construct this new high school. He would like to thank the Council
for assisting the Colton Joint Unified School District when it became time to relocate the
water transmission pipe, which ran directly under proposed classroom buildings. The City
stepped up and paid 60%of the cost to the Districts 40%. Finally,he would like to thank all
of the citizens of Grand Terrace who voted yes on Measure B years ago to help our children
obtain a better education. Recently he has read reports that the Colton Joint Unified School
District wants to meet with City Officials in Grand Terrace to see how again this City can
assist them in completing the goal of building a new high school. He strongly feels that this
community,this city, and this city council has done everything that has been asked of them
and feels that it is now time for the Colton Joint Unified School District to step forward and
do the job that they were elected to do by this community. He feels that now is the time for
this City and this Community to hold the Colton Joint Unified School District Board
accountable for their lack of progress and remind them that they need to fulfill their promise
to the students and children of this community.
Janese Makshanoff, 21816 Vivienda Avenue, she feels that next door to her home is a fire
hazard. And she has to live with that everyday. Being legal, non-conforming, as she found
at the last Planning Commission is that if 75% of her structure burns down, she can not
rebuild. She questioned if there is some type of wiggle room in that Ordinance considering
the fire hazard that she has next to her. She stated that last year Edison's water canon
knocked down a baby red tail and two days later it showed up in her horse arenas very
dehydrated. She took it over to Grand Terrace Emergency Vet and they took it to Birds of
Prey Rescue. This year she heard the water canon and the red tail hawks screeching so she
went out there she noticed that the worker was hand spraying and she wanted thank Edison
for not displacing the Red Tails. There is a new business in town called the Red Door. They
are very nice people and is hoping to see some of their dermagraphic art shows in the near
future,
Charles Hornsby, 22656 Brentwood Street, he has been thinking about something that was
said by a resident the meeting before last and it reminds him of the situation in the Country
right now particularly with the President. He is of the opinion and feels that it may be a
growing opinion that 911 was the best thing that happened to George Bush. He stated,what
does that have to do with the City of Grand Terrace. All politics is local politics. If you
follow the news,like he does,and following politics,you will notice that every time he turns
around and does something wise, ridiculous or somewhere in the middle of the road,it's all
justified in , we live in a post 911 world. A couple of meetings ago, Mr. Petta came to the
podium and made a point of saying that too much negative tone goes on at City Council
Meetings and that the population should probably just be quiet and stay home. He didn't
say that in so many words,but feels that it was the jest of his message. It is his hope that the
City was rated number 92 in the nation, which is great news for the City and it is a great
place to live but he just hopes that the City doesn't use that as license to think that they
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Council Minutes
August 28,2007
Page 4
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should be able to do anything that they want because we got such a high rating and are
beyond reproach. He feels that that is what's happening nationally. For five years now,our
President does anything he wants and says we live in a post 911 world. He stated that maybe
he misread it wrong and with all do respect to Mr.Petta,he is a distinguished citizen,but the
message he got from his speech was that what was all the negative talk about. When
someone comes in and does what you think is complaining,those aren't negatives,those are
people pointing out what they think is a negative and he feels that there is a big difference
between being negative and simply pointing out what you think is ainegative.
City Manager Schwab, questioned if there is an active Code Enforcement Case for the
property next door to Ms. Makshanoff.
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Assistant City Manager Berry, responded in the affirmative.
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City Manager Schwab, stated that he will follow up on it for her.
REPORTS j
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5A. Committee Reports
1. Crime Prevention Committee
a. Minutes of July 9, 2007
CC-2007-81 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 5-0, to accept the July 9, 2007 Minutes of the Crime
Prevention Committee.
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b. Appoint Regular Member(Margorie Owens)
CC-2007-82 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0, to appoint Margorie Owens as a regular member of the
Crime Prevention Committee to fill an unexpired term continuing to June 30, 2010.
5B. Council Reports
Mayor Pro Tern Garcia, recognized Mr. Kent Taylor, Colton Joint i nified School District
Board Member,who is in the audience today. Since she has been on Council she has worked
with Kent and he is a representative that cares deeply about our City and strives to represent
us. It really is, as Mr. Loder mentioned, it is time for us as a community to step up and let
our voice be heard. We have done a lot and when we care about something we put our
efforts behind it. She concurs with the comments about the peeker plant and that we need
to look at that. She questioned the status of the joint meeting between the City and the
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August 28,2007
Page 5
School District Board. She feels as soon as we know the meeting date and the agenda we
need.to let our residents know.
City Manager Schwab, stated that the City Clerk has been in touch with the Clerk for the
Board and we are trying to get some dates together. We are trying to set something up for
October, if we can get everyone's schedules together.
Mayor Pro Tern Garcia, requested that as soon as we know the date we start post it on the
website. She thanked Mr. Taylor for all of his efforts on behalf of Grand Terrace. She
thanked Patricia Farley for sharing articles about things that we can do in our community.
We are looking to the future and are wanting to be as sustainable as possible in the efforts
that we do. She congratulate the soccer league for their opening ceremonies. It was very
nice to see that many people there to help. She felt that it was very touching that they retired
number 10, which was Kyle Bacon's number, so none of the teams will have a number 10.
Councilmember Cortes, reported that there is a new Director for SANBAG, Deborah
Barmack. She reported that she contacted her to let her know that a letter is in the mail to
Mayor Loveridge regarding partnering with RCTC regarding the I215 Freeway. It gave her
great privilege and honor to be invited to meet the Governor, Arnold Schwarzenegger. He
was here a few weeks ago and it was a pleasure to represent the City of Grand Terrace. He
spoke to them for a few minutes regarding the budget. It was a very short meeting but a lot
of good information was provided.
Councilmember Miller,thanked Mr.Kent Taylor for all of the work he has done for the City
of Grand Terrace. We are all looking forward to the joint meeting with the School District
Board. He agrees with Mr. Hornsby that we should not look at things as negative, it should
be looked at as a difference of opinion. Sometimes it is good to hear what someone else is
thinking although it may not fit your needs.
Mayor Ferre,thanked Kent Taylor and Richard Loder for being at the meeting this evening
and feels very strongly that what Mr. Loder had to say is exactly what needs to happen.
PUBLIC HEARING
6A. General Plan Amendment No.07-01,Zone Change No.07-01,Specific Plan No.07-
01, Site and Architectural Review Case No. 07-02 and Environmental Review No.
07-02 to Construct a 120-Unit Senior Citizen Residential Facility Together with a
Community Center and 2.6 Acre Passive Park(Applicant:The Corporation for Better
Housing)
Community and Economic Development Director GM Koontz,stated that John Lampe will
be making a brief presentation on our staff report which will be followed by a presentation
Council Minutes
August 28, 2007
Page 6
by Carl Winter of LSA, that prepared the Environmental Impact Report.
John Lampe, Planner, gave an overview of the property and the proposed project.
Carl Winter,LSA Associates,indicated that they prepared the Environmental Impact Report
for the proposed project. The EIR work effort began with the preparation of an initial study
which was distributed for public review for 30 days beginning December 15,2006 to January
16, 2007. Five responses were received on the initial study and were appropriately
incorporated into the draft EIR discussion. A scoping meeting was held on January 4,2007.
The purpose of this meeting was to solicit public comment as the focus of the EIR.
Following the scoping meeting a draft EIR was prepared which addressed the following
topics:Aesthetics,Air Quality,Land Use,Noise and Population Housing. The EIR included
a summary of those issues identified as significant in the initial study and fully addressed the
five topics that were identified in the initial as potentially significant. The draft EIR was
distributed for public review for 45 days for a period that ended on May 17, 2007. A total
of 7 comment letters were received. The comment letters were appropriately addressed and
included in the final EIR, which included responses to all comments received in the
mitigation monitor and reporting plan. In addition to the 7 comments received on the Draft
EIR. Responses to comments made by Mr. Johnson were prepared and as stated were
included in the staff report. This is a brief summary of the EIR process and is available to
answer any questions.
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Councihnember Miller, stated that one of the overriding questions that some of the
respondents came up with was about the ambient noise level concerning the air conditioning
units that would be on the south side of the project and how the homes would be affected on
that side. He noticed that the measuring device stated that the noise level would be 45.2 and
48.2 decibels. The monitoring for the City itself is at 59.5/65.8,which makes them less than
that. He questioned'how they came up with the proposed nosie levels.
Mr. Winter, responded that they have noise technicians.
Keith Layer. LSA, prior to commencing the noise impact analysis they conducted ambient
noise measurements within the project site at four different locations to establish the existing
ambient levels. Then the analysis of the onsite stationary sources, the parking lots and air
conditioning units were compared to those levels to see if they were,compatible.
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Councilmember Miller,questioned if any of the residents on the south;side were ever notified
of when they were doing the test so that maybe they could also hear!what was going on.
Mr. Lar,responded that not to his knowledge. However,the levels that they measured on
the site were quite low for a City Noise Level. Typically in this type of neighborhood you
would see much higher levels from traffic or airplanes and trains and things of that nature.
Council Minutes
August 28,2007
Page 7
Councilmember Miller, questioned the information that was provided regarding the noise
decibels for the garbage trucks that will be on site.
Mr. Layer, responded that the 110 decibels would be in proximity to the,truck itself.
The levels would drop off fairly quickly. The nosie would be audible within the
neighborhood but for 5 to 10 minutes at most and would be limited to daytime hours only.
Councilmember Miller, noticed that on the diagram they have certain trees and plants that
they are proposing and questioned if the proposed trees were included in the noise study.
Mr. La yer, responded that their analysis was to assume that it was a straight line from the
source to the receiver. Caltrans has actually done extensive measurements in the past on the
effectiveness of foliage and trees and you need approximately 30 feet deep of fairly tall and
thick trees to have any measurable reduction in noise. Typically it is more of a blocking of
line of sight. _
Councilmember Miller, stated that the only other question he would have is what type of
trees will be planted on the south side and how tall will they be getting.
,- Mayor Ferre opened the Public Hearing for discussion.
Jo Ann Johnson, 12723 Mt. Vernon Avenue, indicated that when the idea of a Senior
Apartment Complex and Senior Center was first presented to them several years ago,she was
more than a little anxious because they were told that the moving process would take a few
days. Then it would be about a year or so to move into the new center. Well, time has
passed and things happened. It took 3 months to move the building and they have been in j
their current location already a year. She has never changed her original belief that this is so
much needed in Grand Terrace. Never does a week go by that she doesn't get at least one
inquiry about senior housing. A number of those who originally wanted an apartment
couldn't wait around as more and more time passed. She is sure that more will be needed
to drop from the interest list before it actually happens. However, they are still optimistic
that in the end it will happen and even more almost everyone will be happy. Virtually
nothing that benefits the many escapes infringing on some. In the beginning she said that
someday her turn was coming. Mt. Vernon Avenue needs to be widened at the south end of
town. Her property is one of 6 that will lose about 1/3 of their front yard. She will also lose
two enormous shade trees that have been a great deterrent for the hot afternoon sun. None
of them on that block want their yards to be torn up and the mess that is bound to go along
with the project, but she firmly believes that this project will be very helpful in moving
traffic along Mt. Vernon. The irony is that this is highly likely that the Mt. Vernon project
will happen before the Senior Project. The delay in this project has been a real hardship on
all of them. For the most part they have managed with a lot of grit three nose dives in the
parking lot and a good sense of humor. She,doesn't think that she needs to say that they hope
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Council Minutes
August 28,2007
Page 8
they will see earth moving in the very near future.
Robert Stewart, 11677 Mt. Vernon Avenue, stated that he was present when the gentleman
was doing the noise measurements. He was there maybe 30 minutes so whatever noise was
going on registered. He knows that when leaving the current Senior Center when it is 100
degrees plus outside all you hear is the air conditioners on Brentwood. He stated that his
wife's father is in a senior center type residential facility and he hasjnoticed that there are
more cars coming in and out now than there will be when the new facility is built because
a lot of those people won't be going anywhere except a grocery store once in a while. He
stated that if the people on Brentwood are so in love with their view and their lack of noise
they could have bought an easement and this discussion would not be going on.
Ann Wade Hornsby,22656 Brentwood,stated that they represent Citizens for a Responsible
and Open Government and submit these comments on behalf of those,people they represent
on Brentwood and throughout Grand Terrace. While this firm submitted comments on the
proposed project, the City did not respond to those comments, at lease to this firm.
Apparently, responses may have been given to the members of the public.
As an initial procedural matter,at the time of the scoping hearing for the project the Specific
Plan had not been completed and was not available for public review. This prevented
meaningful comment on the environmental impacts of the proposed proj ect at the time of the
scoping session for the EIR. In other, words, the public was being asked to provide
comments on the potential environmental impacts of a project which had not yet been
unveiled and made known to the public.
The Specific Plan identifies the maximum density of the project astwenty units per acre.
This is, at best, a misrepresentation of the facts. The project is actually being developed at
a density of 40 units per acre. (120 units on 3.0 acres) The specific plan purports to allow
density transfer from the entire site. This includes transfer of density from the areas of the
site that are in fact developed, by a .5 acre senior center and parking and a 2.6 acre park.
This six acre site is being developed as though it was a twelve acre site with land uses being
permitted for specific types of development, and then again being used for residential
development. The land that is being used as a senior center is also being used for residential
and the land used for the park and parking are also being used for residential purposes.
The specific plan development standards do not provide standards for the minimum size of
dwelling units. The sizes proposed are significantly smaller than allowed under the
Development Code. The response to this question only addressed parking standards,not unit
sizes. This goes on to give you specific government code requirements for specific plan
content.
The concerns that she has are going to be brought up by other speakers as well. Basically,
Council Minutes
August 28,2007
Page 9
their concern is that the City enacts codes that they seem to be playing with.
Barbara Berliner, 22624 Brentwood Street, read further the DEIR is both procedurally and
substantively flawed. At the time the OP was released and available for public review and
comment the Specific Plan had not been completed and was available for public review. The
public was asked to provide comments on the environmental impacts of a project which had
not yet been identified or made available to the public. It was rather like asking the public
to describe the impact an animal walking through their garden without letting them see the
animal to determine whether is was an ant or an elephant.
Project Description: The project description for the DEIR does not include the creation of
a new land use category for the General Plan of the Creation of a new zoning classification
for the Development Code. Nor does the DEIR have any discussion of the environmental
impacts of the changes to the General Plan or the Development code as a result of the
creation of new General Plan land use categories and Zoning Districts. These changes and
design review were identified as being ministerial duties, rather than discretionary actions
which they are. The EIR also does not consider impacts other than those for noise and land
use. The proposed project is not the same project previously analyzed under the prior faulty
negative Declaration which the Court required be set aside.
Visual Impacts: The discussion in the DEIR does not identify that the proposed center will
result in the construction of a single continuous two story building well over 300 feet in
length. This structure would totally eliminate any view for any of the five houses adjacent
to the project. Her main concern is that she lives at the very end and she will have 19 cars
parked within 10 feet of her property line. She will be hearing slamming doors, idling cars,
people talking and in the middle of the night if a car alarm goes off, who will she call if it
goes on for more than five minutes. She does not foresee any other project in the City of
Grand Terrace that has cars parked behind their project. If you have single family homes,
they don't have cars parked behind their project, especially 19 of them. She is very much
against this project.
Charles Hornsby, 22656 Brentwood Street, continued to read land use and planning: The
proposed project site is currently zoned as low density residential which allows a maximum
of 5 dwelling units per acre. The project will change the land use designation to allow a high
density development. The proposed project intends on developing 120 residential units on
3 acres. A 7,000 square foot senior center on a half acre and a 2.6 acre passive park. This
makes the total area of the project 6.1 acres. Based on this plan the Specific Plan proposes
three land use designations for the project site. Multiple Family Residential,Senior Center,
and a Park Designation. However,the DEIR identifies this project as having a density of 20
units per acre because it calculates the density as 120 units on 6 acres not 120 units on 3
acres. However, if a half acre is for the 7,000 square foot senior center and 2.6 acres are for
the park then 120 units are being developed on 3 acres. That results in a density of 40units
Council Minutes
August 28,2007
Page 10
per acre. That will be one.of the basis for future legal action. As far as traffic impacts: the
project only provides for 146 parking spaces that is 124 below city, standards. As far as
growth inducing impacts, the EIR states that the project will not have any growth inducing
impacts. This is false. The residential component of the project will have a density of 40
units per acre or arguably at a minimum 20 units per acre. Even this �ower figure makes the
project the densest residential project within the City. As a result it is impossible for this -
project not to have growth conducing impacts. First the project is precedence setting and
will reasonably allow for other high density development within the City. In fact, the City
is committed to doing that by doing this project. Second,the EIR identifies the existence of
a supposed wait list that shows 55%of the individuals on the list are from the City. If those
people move to the project,people outside of the City will presumably move into their homes
and that would provide growth. There are other alternatives to this,this is the biggest point,
there are properly zoned areas within town that could house this. He stated that in the EIR
it was stated that it will have no impact on population density. You are putting 120 units on
3 acres. How can you possibly say it won't impact.
Patricia Farley, 12513 Michigan Street, indicated that she resents that she has spent a great
deal of time and money trying to find out what's going on in this City,trying to help with the
General Plan and make herself aware of the housing element and low finances are being
dealt with in this City. She would like to point out that the citizens for Responsible and
Open Government include senior citizens and people who in fact might want to live in these '
units. This group is not against seniors. It is not against having a high school for Grand
Terrace students. It is not against development and growth,but they ale demanding and what
the law requires is that you must have a General Plan that is consistent and you must follow
the General Plan and the Housing Element. It was news to her tonight that where Mr.
Koontz said we are not going to do what the Housing Elements requires. The Housing
Element exactly requires yes senior citizens are important and the General Plan planned for
them to be in the center of town near everything in proper units with their senior center.
Because Mr. Jacobsen came in and seems to be the favorite developer it's the fault of the
City with Jacobsen and how they are dealing when the seniors don't get what they need. The
law and the housing element require that a new center with high density just like this for low
income non seniors, that is part of the rule no matter what people are telling you. The part
that you are using to justify the high density you are not encouraging the public to use it and
it is not realistic to be a benefit. This is being developed for the benefit and intensity of a
developer not financial stability and needs of our community. These zoning codes and the
General Plan that are being worked on right now haven't been approved and in fact in the
density code it needs to say that if the footprint is this size you can't go above certain
densities,otherwise everyone in this City is going to have a risk. Thisl group is going to fight
if you are not willing to follow the law. You are not representing the citizens of this
community if you do not have a consistent General Plan. Also, the EIR evaluated a plan
which is not approved and it did not consider high density areas and the affect on traffic. Mt.
Vernon will have to be widened.
Council Minutes
August 28,2007
Page 11
Tong, 11875 Eton Drive, stated that whatever statements he makes before the City
Council are all historical in nature. For instance,when he was a freshmen in high school one
of the things that he read in history was a statement that said go west young man go west.
Admittedly that statement needs revision and since the person that made that statement is not
here to make that revision he will give him a hand. This statement could very well be revised
and changed to go west to the City of Grand Terrace one of the 100 best city's in the Country
to live in. He thanked the Mayor and the Council and thanked City Manager Schwab for
making the recommendations to the Council and to the Council for making the kind of
decisions that allow this city to have that honor. If we are to blast the Council when things
aren't right then I would think that we should give the honor of the good decisions. From
the very inception of this City supported our youth and probably so because they will
represent our future. The City Council has supported the Senior Citizens and probably so
because they served us in the past and helped to make what we are today. He is supporting
the 120 unit senior citizen project.
Mayor Ferre closed the Public Hearing and returned discussion to the Council.
Mayor Pro Tem Garcia,stated that it was mentioned by Mrs.Hornsby that the group did not
get the reply to Mr. Johnson's letter.
City Attorney Harper, responded that a certified letter was mailed to Mr. Johnson's Office
on that day it was prepared and given to the Council. He indicated that there isn't any
obligation to do that but staff felt that it was appropriate in this case.
Mayor Pro Tem Garcia,confirmed that it would be Mr.Johnson's responsibility to make sure
that members of the group received copies of the letter. She questioned the comments of the
consistency of the General Plan. She questioned how it works when you are in the process
of updating the General Plan. She questioned if we are consistent with the plan as it is now,
not where it's going to be.
Community&Economic Development Director Koontz,responded that one of the actions
that the Council is being asked to take is a General Plan Amendment to create a medium high
density zone designation and the R3S Zone and add that to the existing General Plan.
Mayor Pro Tem Garcia, questioned if the Planning Commission took action on this item.
Community & Economic Development Director Koontz, responded that the Planning
Commission is recommending that the Council approve their recommendation. Only the
Council can change the General Plan and make a zone change. The Planning Commission
has seen all of the applications that are before the Council.
Mayor Pro Tem Garcia, stated that she very much respects the Planning Commission.
Council Minutes
August 28, 2007
Page 12
City Attorney Harper, stated that the statute requires that General Plan Amendments and
Zone changes go through the Planning Commission. There is not one that has ever been
adopted that hasn't gone through that process including this one.
Mayor Pro Tem Garcia,asked for clarification on the additional conditions on the landscape
plan. -l
Community&Economic Development Director Koontz, stated that the original landscape
plan provided no shade in the sitting area and provided for an active play area. They
included a condition that stated that they want to see an expanded and enhanced park with
more landscaping less grass but they were too specific on that. Also, it was requested that
whatever landscaping plan was determined would go back to them for another review. He
and Assistant City Manager Berry went through the old plan that was originally approved and
the new plan and came up with some ideas. Originally there was a vegetable garden area for
the seniors. There are two park benches there and some shade trees. They re-graded the site
to include some hills which would prevent someone from playing on a flat surface. It also
would give some small viewing areas if there are any public activities in the future. They
also added a rose garden. They shrunk down the grassy areas that could be used for playing
and added some amenities for seniors themselves, shade trees and other garden areas. This
is the concept that they came up with that hasn't been approved by the Tanning Commission.
Manor Pro Tem Garcia, questioned if Council wants to move forward with staffs
recommendation would they have to call that the landscaping plan will be returned to the
Planning Commission for approval.
Community & Economic Development Director Koontz, stated that if they approve the
conditions of approval as recommended by the Planning Commission there is a condition
that says it will go back to them.
Mayor Pro Tem Garcia, stated that she, along with Mayor Ferre, took a tour of two of their
properties and she was very impressed with the two sites. One of the things that was called
out were the balconies and questioned what the balconies will look like on this project.
Charles Brumbaugh.Corporation for Better Housing,responded that their present intention
is to enclose the balconies and not use the wrought iron. Not every unit on this plan has a
balcony.
Mayor Pro Tem Garcia, questioned if the parking lot will be able to be used by the school
if they have a special event for overflow.
Community& Economic Development Director Koontz, responded that the main parking
lot can be used but the resident parking is gated and secure. They have also been required
Council Minutes
August 28,2007
Page 13
to widen out Grand Terrace Road on the north side which will allow additional street side
parking.
Mayor Pro Tern Garcia,requested assurance that the facility will be quality 5, 10,plus years
from now.
City Manager Schwab, reminded everyone that this parcel that the project is being built on
is owned by the City. The City is maintaining ownership, we are leasing the property to
Corporation for Better Housing. The City has agreements in place that will give us the
ability to exert some control over the management of the complex up into deciding if we like
the management company. If we don't like the management company we have the ability
to have input into that process. It won't be like some city facilities where it is built by a non-
profit and is completely run by a non profit and the City is not in the loop. We are in the
loop, we are the landlord, we have relationships and our agreements allow us budgetary
approval of their expenditures. There are things that we have control over that give him the
comfort level that we will be sufficiently protected. If you look at the projects that were
toured, even after the facility has been there for quite some time it's still in very good
condition. He is comfortable with their management and their facilities.
Councilmember Buchanan, requested staff input with regard to the Planning Commission
action portion of the report. There were five designated added conditions of approval from
the planning commission. He questioned if staff feels that open parking for the residents
shall be covered where feasible is necessary.
Community & Economic Development Director Koontz, responded that in terms of the
parking,they were concerned for some shaded parking. The applicant at the meeting agreed.
There was a lot of discussion about what the covered parking should look like.
Mr. Brumbaugh, stated that his position is that they will do whatever the Planning
Commission and Council desires. He would ask that they would try to keep it to a minimum
to make sure that there are no view issues.
Community & Economic Development Director Koontz, most of the projects do not have
any covered parking.
Councilmember Buchanan, he feels that condition 2 and 4 should go together. The third
condition seems contrary to staff s effort at proposing the modified landscaping plan that
actually reduces some types of recreational activity. He can understand the desire to
minimize the aspect of the park as being a secondary playground for the Elementary School,
that is somewhat incompatible with the goal of providing an amenity as part of a senior
complex. You still want the park to be functional and usable by not only the residents but
their families as well. He thought the proposal for landscaping is well done but seems
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Council Minutes
August 28, 2007
Page 14
incompatible to the conditions of the Planning Commission.
Community&Economic Development Director Koontz,responded that staff is comfortable
that the Planning Commission agrees to the alternative landscaping proposal.
Councilmember Buchanan, ultimately if the plan comes back to the Planning Commission
and the result of their review of that is unacceptable to them it will:end up back with the
Council. The one condition that is most troubling to him is the final condition that the
applicant/developer be required to obtain a signed agreement/declaration from the adjacent
property owners that they are satisfied with the perimeter wall/fencing and landscaping
adjacent to their property. He would think that in some cases that it is;probably unlikely that
they are going to get anything signed. He doesn't feel that it is an appropriate addition to a
project. He saw in the minutes and the other material that the developer has committed to
a wall design that is as compatible as they can reasonably put together.
Community & Economic Development Director Koontz, responded that what they are
presenting to the Council is the recommendation of the Planning Commission. Staff is also
very concerned about this condition. i
City Manager Schwab, stated that staff is not interpreting that to 'mean that the project
depends on the obtaining of the signatures,it's the construction of the wall is dependant upon `
making the agreement. The wall is going to be built on our property, it will not be an
adjoining fence.
City Attorney Harper,stated that if they are concerned about the language it can be modified
by saying making a reasonable attempt to obtain the document.
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Mayor Ferre, asked why we would need to do that if it is on City property.
City Attorney Harper, responded that he thinks the Planning Commission is concerned that
the neighbors are going to be affected.
Myor Ferre, agrees with Councilmember Buchanan with regards to the condition.
Councilmember Cortes,requested clarification on the park and whether it will be open to the
public.
Community & Economic Development Director Koontz, responded in the affirmative.
Councilmember Cortes, stated at a past meeting that transportation will be provided to the
residents in the form of a van.
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Council Minutes
August 28,2007
Page 15
Mr. Brumbaugh, responded that they typically do not provide that type of service. If that is
a condition of approval were not specifically opposed to it. This is an independent living
facility, it is not a care facility.
Councilmember Cortes,suggested that they use Access or having,a regularly scheduled route
for this location.
City Manager Schwab, stated that Access is available to anyone that would reside in the
complex. It is a point to point transportation. This facility is for independent living.
Mayor Pro Tern Garcia,stated that she believes that Access is for disabled individuals. You
have to prove that you are disabled. She would like to have further discussion on this item.
She would like to see shuttle service that would go from the complex to the local areas.
Mr. Brumbaugh, stated that this bus would have to be totally handicap accessible.
City Manager Schwab, stated that he doesn't feel that this will be a need, however, if it is
staff will look into a way to provide it.
Councilmember Cortes, questioned how the Planning Commission voted on this item.
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Community& Economic Development Director Koontz, responded that the vote was 5-0.
Councilmember Miller, agreed with Councilmember Buchanan with regards to the
Conditions of Approval. He stated that if the seniors are going to be housed in this facility,
they will be having visitors who are going to want to get out and play. He feels that the
passive park is a good opportunity for this to happen. He feels that some open flat area needs
to be maintained.
Mayor Ferre, stated that you don't want any balls in a passive park. She would be reluctant
to have anything in the passive park that would allow for ball playing.
City Manager Schwab, stated that this will be going back to the Planning Commission, it
would be no problem for this to come back to the Council for final approval to take care of
any issues that they may have. The design may change.
Councilmember Miller, feels that trying to get a signed agreement from everyone is going
to be difficult but agrees with what City Attorney Harper said as far as the change in the
language in the conditions of approval.
Councilmember Buchanan, read the following as a modification to Conditions of Approval
41. That the applicant/developer shall construct the portion of the perimeter wall adjacent
Council Minutes
August 28,2007
Page 16
to a residential property with the wrought iron inserts as submitted on exhibit 2 if requested
in writing by the property owner prior to commencement of construction. If this project is
approved there is going to be a number of adjacent residents that are going to be unhappy and
he doesn't believe that there is any design of this project that will be acceptable to at least
some of the residents because they are opposed to the project in concept, location, etc. On
37. He feels that it is vague. He is ok with leaving it in and if the City Attorney is
comfortable with staff and being able to come to a conclusion and the satisfaction of
feasibility. He feels that there is a value to having some covered parking at the north end of
the project. If nothing else it will mitigate parking at the south end of the project because
they will prefer to park where it is covered.
City Attorney Harper, stated that you can simply add as ultimately determined by the City.
Mayor Pro Tern Garcia, would like to avoid litigation. In the end;it makes things more
difficult for all of us. This project will very much help the Seniors, however it will impact
the residents that live on Brentwood. She respects all of the residents. She would like to
make sure that there is aggressive communication between the City and the residents. She
would ask the planning staff that if at any time the Council wants to see the letters to the
residents that they are available.
Councilmember Miller,requested clarification on Conditions of Approval 41. He questioned
if there will be any designated parking for the residents.
Charlie Brumbaugh, responded that they traditionally allow for open parking. If there
becomes a problem they will address it and assign parking.
Councilmember Miller, questioned if there will be rules and regulation for the park and
where will they be posted and who is going to monitor the parks.
Charlie Brumbaugh,responded that he and the City Manager have discussed trying to fit this
into the traditional park system. It will be locked at night, gated and will put up rules and
regulations related to the activities allowed.
Councilmember Miller,questioned if the site Manager will be the one to overlook the park.
Mr. Brumbaugh, responded in the affirmative.
Councilmember Buchanan, stated that this is his recommendation for Conditions of
Approval no. 41. That the applicant/developer shall construct the portion of the perimeter
wall adjacent to a residential property with the wrought iron inserts as illustrated on exhibit
2 if requested in writing by the property owner prior to commencement of construction. The
developer shall notify the adjacent residences of planned commencement of construction 30
Council Minutes
August 28,2007
Page 17
days prior thereto.
Mayor Ferre, stated that she would think that the Planning Commission and Planning Staff
that worked on the park rendering would be very cautious about putting trees that would
grow very high. This whole issue has been to.take care of the neighbors on Brentwood.
r Councilmember Miller, questioned if the Council would like to add the requirement that the
landscaping plan be reviewed by the Planning Commission and then by the City Council.
It was the consensus of the Council to include that.
CC-2007=83 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY
COUNCILMEMBER CORTES, CARRIED 5-0, to approve General Plan
Amendment No. 07-01,Zone Change No. 07-01, Specific Plan No. 07-01, Site and
Architectural Review Case No. 07-02 and Environmental Review No. 07-02 to
Construct a 120-Unit Senior Citizen Residential Facility Together with a Community
Center and 2.6 Acre Passive Park (Applicant: The Corporation for Better Housing)
as recommended by staff with the following modifications to the Planning
Commission recommendations:
( � Item 37: That the open parking for the residents shall be covered where feasible as
determined by City Staff.
Item 38: That the landscaping shall be enhanced where it is feasible and practical as
determined by City Staff.
Item 40: That the landscaping plan for the entire project including the proposed park
shall be reviewed and approved by the Planning Commission and the City Council
prior to issuance of building permits for the perimeter wall.
Item 41: That the applicant/developer shall construct the portion of the perimeter
wall adjacent to a residential property with the wrought iron inserts as illustrated on
exhibit 2 if requested in writing by the property owner prior to commencement of
construction. The developer shall notify the adjacent residences of planned
commencement of construction 30 days prior thereto.
6B. An Ordinance of the City Council of the City of Grand Terrace, Amending Grand
Terrace Municipal Code, Chapter 10, Section 10.08, Establishing Speed Limits for
Various Streets in the City of Grand Terrace.
Assistant CitManager Berry,California State Statutes require each local agency to perform
speed zone studies at least every five years in order to be able to enforce speed limits through
Council Minutes
August 28, 2007
Page 18
the use of radar,or other electronic means. The Grand Terrace Municipal Code,.Chapter 10,
Section 10.08 addresses the topic of speed zones and posted speed limits. The City traffic
engineering consultant recently conducted speed zone studies of five locations within the
City. Other speed zones in the City are currently being evaluated and will be submitted for
re-certification later in the year.
Councilmember Miller, stated that he drove on Barton Road goi ng 35 mph between
Michigan and Mt. Vernon and he felt that it was slow. He agrees with the other changes.
He questioned if the accidents were due to speed or due to the people coming out of the Bank
of America and the Center in that area.
Assistant City Mana eg r_ Berry,stated that Craig Neustedter was on vacation but that he would
say they are due to those coming out of the Bank of America.
City Manager Schwab,stated that he would agree. That it is probably right of way conflicts.
He suggested to continue this item due to the fact that Craig Neustedter is on vacation.
CC-2007-84 MOTION BY COUNCILMEMBER MILLER, SECOND BY, MAYOR PRO TEM
GARCIA, CARRIED 5-0,to continue an Ordinance of the City Council of the City
of Grand Terrace, Amending Grand Terrace Municipal Code, Chapter 10, Section
10.08,Establishing Speed Limits for Various Streets in the City of Grand Terrace to
the next regularly scheduled Council Meeting.
UNFINISHED BUSINESS
7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace,
Adding Chapter 9.32 to the Municipal Code Relating to Regulation ofRegistered Sex
Offenders
CC-2007-85 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY
COUNCILMEMBER CORTES,CARRIED 5-0,to approve the Second Reading of
an Ordinance of the City Council of the City of Grand Terrace,Adding Chapter 9.32
to the Municipal Code Relating to Regulation of Registered Sex Offenders
NEW BUSINESS
8A. Award Contract for Grand Terrace Pocket Park to IPS in the Amount of$176,518
Plus a 10% Contingency and Appropriate $136,118 from Fund 13 Parks
Development Fund
CC-2007-86 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR FERRE,
CARRIED 5-0, to Award Contract for Grand Terrace Pocket Park to IPS in the
Council Minutes
August 28,2007
Page 19
Amount of$176,518 Plus a 10%Contingency and Appropriate$136,118 from Fund
13 Parks Development Fund
CLOSED SESSION - None
Mayor Ferre adjourned the meeting at 8:45 p.m., until the next CRA/City Council Meeting which
is scheduled to be held on Tuesday, September 11, 2007 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
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1R��EC
Community Services Department
Staff Report
MEETING DATE: September 11, 2007
SUBJECT: AWARD OF THE ASPHALT CRACK SEALING CONTRACT TO
ROADWORKS, INC.
FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
Asphalt crack sealing is done on roads to seal %a to 1"cracks that occur in the streets. By
sealing the cracks, water---which is a major cause of road deterioration--cannot
penetrate. This maintenance extends the life of the road.
Visually, crack sealing is not very appealing in residential neighborhoods. For this
reason, staff will be coordinating the slurry sealing after the crack sealing has been done
on the residential roads identified in the 2007-08 Slurry Sealing Program.
City staff is taking advantage of the recent bidding for asphalt crack sealing in the City of
Ontario. The City of Ontario went out to bid in July 2007(see Exhibit"B"). Under the
new contract, the city awarded Road Works, Inc.-- the lowest bidder for the job. Road
Works, Inc. has agreed to charge Grand Terrace the same pricing schedule as the City of
Ontario.
The streets selected (see Road Slurry Staff Report Exhibit A)will correspond with the
slurry sealing program. Every resident affected will be notified by mail of the upcoming
sealing.
Road Works has proposed three days of crack sealing not to exceed $20,000. Funds for
this job will come from the Measure I Budget.
RECOMMENDATION:
Staff recommends that council approve the contract (Exhibit "C") with Road Works, Inc.
for asphalt crack sealing services in the City of Grand Terrace for 3 days of work not to
exceed $20,000 with funds from the Measure I Fund.
COUNCIL AGENDA ITEM NO.��
No
Lily
NOTICE REQUESTING PROPOSALS
CRACK SEALING SERVICES FOR THE CITY OF ONTARIO
PK 0607-49
The City of Ontario ("City") recognizes the need for crack sealing services and is seeking
proposals from qualified firms.to provide such services for the City. These services consist of
furnishing all materials, equipment, tools, labor and incidentals as required by the plans,
,specifications, and contract documents For the above stated project. The general items of service to
be dome hereunder consist of services or maintenance of all Facilities owned or leased by the City as
the Public Works Agency directs.
CLOSING TIME AND DATE:
Signed proposals must be submitted in a sealed envelope marked "RI'P NO. PK 0607-49" prior
to; '
PROPOSAL DEADLINE: 5:00 p-nL Pacific Standard Time-April 6th,2007
Submit three(3)signed copies of completed proposal to
Records Management Department
Attention: Roberto Perez,Parks&Maintenance Manager
REQUEST FOR PROPOSAL NO PK0607-49
303 E. "B"Street
Ontario,CA 91764
Please note there will be no public opening of proposals. Prices and other proposal information
shall be made public after the proposal is awarded. At that time, the executed Contract will
become public information.
R V PU 9%A('Mfi584(P..
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ONTA. R11t>
PU13UC WORKS AND ONTARIO MUNICIPAL SERVICES CENTER
COMMUNITY SERVICES AGENCY
PAUL S.LEON GITEGORY G.DEVEREAUX
MAYLIK OrrY MANAer:K
.)AS30N ANDERSUN MARY E.W►FItES.MMC
MAYOR PRO TEM CRY CLERK
�1 Al AN U.WAPNER JAMES R.MILHISER
it 1EILA MAU 17 Tr1rASU"M
:IIM W.BOWMAN r p
COUNarL MFMRrm CITY OF ONrI ARIO KENNETH L.JESKE
PUBLIC WORKS/COMRAI INI I y
AGREEMENT FOR MAINTENANCE SERVICES SEI,«ESoIRMTon
1. PARTIES AND DATE.
This Agreement is made and entered into this 1". day of July 2007,by and between the
City of Ontario, a municipal corporation of the State of California, located at 303 East "B"
Street, Ontario, California 91764-4196, County of San Bernard1110, State of California,
(hereinafter referred to as "City') and Road Works Inc, a Corporation With its principal place
of business at 303 Short Street, Pomoua, (.-:A. 91768,("hereinaftcr referred to as"Contractor"),
City and Contractor are sometimes individually referred to as "Party" and collectively as
"Parties"in this Agreement.
2, RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of
' California,with power to contract fbi services necessary to achieve its purpose.
I2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain maintenance services tequired by the City on the terms and conditions set
forth in this Agreement. Contractor represents that it is experienced in providing Crack Scaling
Services to public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with the.plans
of City.
23 Project. City desires to eng4ge Contractor to render such services lbr the Crack
Sealing Services for project PK 0607-49 within the City ("Project") as set forth in this
Agreeincrit.
- 1 - (BO&K. February 2CK)6)
Rv PUH1Kt;pN7.AT.ES�)07R S9.t
1425 SOUTH BON VIEW AVENUE a ONTAR10,CALIFORNIA 91761-44t76 a(ON)395.26%•FAX:(NO 395,2801
Fruited un recycled paper.
3
R0,1d MOZIs, lnc.
l.irr:,C SealingFropos::l,RFP,#AW 0607-49
BID SCHEDULE# 1
CRACK SEALING CONTRACT PK 0607-49
FISCAL YEAR 2067/2010
11'11 2nd and 3rd YEAR CONTRACT
DESCRIPTION QUANTITY UOM COST TOTAL I
Crack Scaling 230,000 1.L $0.395 $90,850.00
Future Contract Additions
Sealing cost per L f. $ .395
BID SCHEDULE#2
CRACK SEALING CONTRACT PK 0607-49
FISCAL YEAR 2010/2011
4"'YEAR CONTRACT
DESCRIPTION QUANTITY U0M COST TOTAL
Crack Sealing 230,000 I.f. $ 0.415 $95,450.00
Future Contract Additions
Sealing test per L f. $ 0.415
BID SCHEDULE:#3
CRACK SEALING CONTRACT PK 0607-49
FISCAL YEAR 2010/2011
5`h YEAR CONTRACT
DESCRIPTION QUANTITY UOM COST TOTAL
Crack Sealing 230,000 1.f. $OA30 $987-900.00
Future Contract Additions
Sealing cost per 1.E $0.430
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EXHIBIT "C"
AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND ROAD WORKS, INC. (CONTRACTOR)
FOR THE PROVISION OF ASPHALT CRACK SEALING
SERVICES.
THIS AGREEMENT IS ENTERED INTO THIS IITH DAY OF SEPTEMBER 2007 BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND CONTRACTOR FOR ASPHALT
CRACK SEALING SERVICES.
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RECITALS
WHEREAS, CONTRACTOR is a licensed contractor who is qualified and is a licensed
asphalt crack sealing maintenance contractor.
WHEREAS, CITY desires to utilize the services of CONTRACTOR to implement the 2007-
08 Street Maintenance Program.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform a variety of services for the 2007-08 City-wide Street Maintenance Program
as follows:
'k A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the Ontario Specifications, Exhibit B, to furnish at
his own expense all labor, materials, equipment, tools and services necessary therefor, except those
materials, equipment, tools and services as may be stipulated in said specification to be furnished
by said City and to do everything required by this Agreement and the said Specifications.
B. In entering into a Maintenance Contract for a subcontract to supply goods, services or materials
pursuant to a Maintenance Contract, the Contractor or subcontractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchases of goods, services, or materials pursuant to the Maintenance Contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to
the Contractor without further acknowledgment by the parties.
City of Grand Terrace-2007-08 Asphalt Crack Sealing Agreement-Pg. 1
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SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required o perform said services.
SECTION 3. COMPENSATION
Contractor shall be paid pursuant to the Schedule of Streets (see Exhibit A of the Slurry Seal
Program), not to exceed $20,000.
SECTION 4. BUSINESS LICENSE
CONTRACTOR shall, within five (5) days of executing this contract, obtain a current City of Grand
Terrace business license, during the term of this contract or any extension theieto.
SECTION 5. INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a
result. CONTRACTOR is in no way an employee of CITY. CONTRACTOR controls the means of
accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees
of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of
CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
This agreement shall become effective upon the date of execution of the Agreement by both parties.
This contract shall terminate on October 31 st, 2007 unless renewed.
SECTION 7. TERMINATION
City shall have the right to terminate this agreement at a date earlier than specified for default. Before
CITY exercises said right it shall give CONTRACTOR 10 days notice of the facts constituting the
default and a chance to cure any deficiencies within that time. If those deficiencies have not been
cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated
for default pursuant to this paragraph by giving notice as provided herein.
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY.
SECTION 9. NOTICE
The parties may give notice under this contract by sending such notice certified mail addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
City of Grand Terrace-2007-08 Asphalt Crack Sealing Agreement-Pg. 2
6
ATTN: STEVE BERRY
TO CONTRACTOR:
Road Works, Inc.
303 Short Street
Pomona, CA 91768
Such notice shall be deemed received five (5) days after mailing, whether signed for or not.
SECTION 10. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered
or given any gratuities to CITY'S employees, agents or representatives with a view toward securing
this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way
associated with any architect, engineer or other preparer of the plans amd specifications for this project.
CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by
those rules, and agrees that any breach of those rules shall give CITY the right to rescind, cancel or
otherwise terminate this agreement, at CITY'S discretion.
SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto.
SECTION 13. NO WAIVER
The failure of the CITY at the time to require performancf by the CONTRACTOR of any provisions
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the
CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL form No. CG 00 01 11 85 or 88. Total limits shall be
no less than 1 million dollars per occurrence for all coverage's and 2 million dollars general aggregate.
City and its employees and agents shall be added as additional insureds using ISO additional insured
endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form with an edition
date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any
other insurance or self-insurance, primary or excess, available to City or any employee or agent of
City of Grand Terrace-2007-08 Asphalt Crack Sealing Agreement-Pg. 3
7
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City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional
insured. Umbrella Liability Insurance (over primary) shall apply to bodily, injury/property damage,
personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing
primary coverage above a maximum $25,000.00 self insured retention for liability not covered by
primary policies but covered by the umbrella policy. Coverage shall be following form to any
underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclui ion. Policies shall have
concurrent starting and ending dates.
Worker's Compensation: --
Shall be written on a policy form providing workers' compensation statutory benefits as required by
law. Employer's liability limits shall be no less than one million dollars per accident or disease.
Employer's liability coverage shall be scheduled under any umbrella policy Idescribed above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City,
its employees or agents. j
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and
completed Declaration Regarding Licenses Status form. Contractors must also have a valid City of
Grand Terrace Business License.
Auto Insurance•
CONTRACTOR shall provide Auto Insurance as follows:
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO
Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no
less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent. If
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable.
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SECTION 15 LEGAL ACTION j
J
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights
under this Agreement, the City shall recover, in addition to all other relief,i its reasonable attorney's
fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, or
regarding the performance or non-performance of this contract, that the prevailing party shall be
entitled to reasonable attorney's fees.
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SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been
authorized in writing to do so by CITY.
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City of Grand Terrace-2007-08 Asphalt Crack Sealing Agreement-Pg.4
8
WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: CITY OF GRAND TERRACE
By:
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
Title:
City of Grand Terrace-2007-08 Asphalt Crack Sealing Agreement-Pg. 5
9
T
ROMb TER C
Community Services Departrnnent
Staff Report
MEETING DATE: September 11, 2007
SUBJECT: AUTHORIZE FUNDS FROM UNDESIGNATED GENERAL FUND
BALANCE FOR TWO PROJECTS AT THE GRAND TERRACE CHILD CARE
CENTER
FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
Proiect One—Child Care Bathroom Addition
The Grand Terrace Child Care Center recently received a violation notice from California
State Licensing on their annual visit. According to the violation, pre-school children are
not allowed to use the school-age bathrooms. It was considered inappropriate to have the
ages mix.
To meet the state requirements, every time a pre-school child on the playground needed to
use the restroom, either the entire class has to come back to their class's restroom or an
administrator/teacher has to leave the front office to walk the child to their designated
restroom.
The solution to this dilemma is to construct a restroom in the rear of the property out of
the storage shed. In the 2007-08 passed by City Council, staff appropriated $7,421 for the
remodeling of the shed for a bathroom. After reviewing the plans, Building and Safety
required the relocation of the toilet and other additional changes to meet ADA
requirements.
The cost of the project escalated from $7,421 to $14,217.
Proiect Two—Child Care Center Security Entrance
This project is a direct result of an incident that occurred recently at the center where an
individual posed as a family member and gained entrance to the facility past the gate and
stole car keys, taking an employee's vehicle.
COUNCIL AGENDA ITEM NO. ,�
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In addition, since the Virginia Tech campus incident, parents have been concerned about
having another layer of security added to the center to protect their children from any
harm.
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Staff has visited other national child care chains and has reviewed their security systems.
Every commercial child care center has some form of security gate that requires a monitor
to buzz parents in the center.
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City staff has been working with Child Care Director to design such a system and request
bids. The lowest bidder was QNI at $9,965.
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RECOMMENDATION
Staff is requesting an additional $7,000 for the completion of the Child Care Center
bathroom addition and $10,000 for the construction of a security entrance. These funds
would be appropriated from the Undesignated General Fund Balance. {
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c I T 1'
RAMD TER C
Community Services Department
Staff Report
MEETING DATE: September 11, 2007
SUBJECT: AWARD OF THE STREET SLURRY CONTRACT TO AMERICAN
ASPHALT SOUTH, INC. FOR THE 2007-08 SLURRY SEAL PROGRAM
FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
In the 2007-10 Measure I Three Year Capital Improvement plan the city council voted to
appropriate $74,371.86, for road slurry projects
It is estimated that the city will receive a total of around $204,215 (including interest) in
Measure I Funds in the 2007-08 fiscal year for road improvements.
Staff has driven throughout the city looking for roads that with the addition of Type II
Road Slurry, will last 5-7 more years. Several roads do fit the criteria for slurry seal and
have been included in the 2007-08 Slurry Seal Program (see Exhibit "A"). Staff has also
balanced the road projects so that every quadrant of the city has road improvement
projects for 2007-08.
City staff is taking advantage of the recent bidding for slurry seal service in the City of
Palos Verdes Estates (July 2007). American Asphalt, who was the low bidder, has agreed
to perform the same service at the same rates charged to the City of Palos Verdes Estates
(see Exhibit`B")
Based upon the recent bid pricing, the cost for the Type H Road Slurry for the work
detailed in Exhibit "C"will be $75,171.86 which includes $800 for weed spraying in
advance of the slurry.
RECOMMENDATION:
Staff recommends that council approve the contract (Exhibit "D") with American Asphalt
South, Inc. for road slurry services in the City of Grand Terrace for$75,171.86.
COUNCIL AGENDA ITEM NO.3F
For more information visit
City of Grand Terrace .cityofgrandterrace.org
Street Sweeping Schedule
2007 - �
•
• � a raq� -i
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aATON
215
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CARHAU AV
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s TWOM R
215 F Zone
< ar Im�r MUS sr NiY1EL>7 t
ff
J �, 2 1 1. First Monday
-- ---- - - ' -� - -- - _ �- _ --- --- ---
� -�-� LAlUCST g -�- - - -'� - `'""`-�- �- - -2-Firsf Wednesday
• PICO
�w IA" 1 C - .,ANELIII sr �NELE+ 3. First Thursday
1' rwo n I
e , Elmo 4. Second Monday
A 5. Second Wednesday
� < � � rANActa sr
TV"M 6r aAY aAVEN WAY
p� q RAM WAY
� Nr EOSIN �WAY 6. Second Thursday
5LADr'A '"I"ST s All streets in the city will be swept once
MAIN Sr HMN ar MAGI ar -'-' per month base on the above schedule
from 6:00 am to 3:00 pm-PLEASE MOVE
ALL VEHICLES FROM THE STREET
,rE CHANGES TO ZONE 1 &4.
L42151
CITY OF PALOS VERDES ESTATES
PUBLIC WORKS CONTRACT
This Public Works Contract,hereinafter referred to as the"Contract,"is made and entered into this IOth day
of —!ply_, 2007 , by and between the CITY OF PALOS VERDES ESTATES, a municipal corporation,
hereinafter referred to as CITY, and American Asphalt South Inc , a _California corporation , hereinafter
referred to as CONTRACTOR.
RECITALS
CITY,by its Notice Inviting Bids No. 07-04 ,duly advertised for written bids to be submitted on or before
June 6,2007 for the following:
CITY OF PALOS VERDES ESTATES
FY 2007-2008 Slurry Seal Project
hereinafter called the"Project."
At the above stated date and time, in the Palos Verdes Estates City Hall,said bids were duly opened.
At its regular meeting held on July 10, 2007 ,the CITY Council duly accepted the bid of CONTRACTOR
in the amount of S 341,498.86 for said Project as being the lowest responsible bid received and
directed that a written contract be entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and contracts herein contained,
CITY and CONTRACTOR do hereby agree as follows:
ARTICLE I
The contract documents for the Project shall consist of the.Notice Inviting Sealed Bids, Instructions to Bidders, the
Specifications (including the General Provisions: Standard Specifications (hereinafter referred to as the "Standard
Specifications"), the Special Provisions, and all details, standard drawings and appendices, and Plans), the
CONTRACTOR's Bid Proposal, the CONTRACTOR's Bid Sheet(s), the CONTRACTOR's Industrial Safety
Record, the Non-Collusion Affidavit, the CONTRACTOR's List of Subcontractors, the Information Required of
Bidder as completed by the CONTRACTOR, the CONTRACTOR's Worker's Compensation Certification and
Certificate of Insurance, Insurance Requirements for the City of Palos Verdes Estates, this Contract, the
Performance and Payment Bonds and the Warranty Bond (as applicable) submitted by the CONTRACTOR,
applicable permits, notices and affidavits, and any and all addenda or supplemental contracts clarifying, amending,
or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the
aforementioned documents comprising the complete contract are hereinafter referred to as the "Contract
Documents"and are incorporated herein by this reference and made a part hereof as though fully set forth herein. In
the event of any conflict between the terms of this Contract and any of the other Contract Documents referenced in
this paragraph,the terms of this Contract shall be controlling.
All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the Contract
Documents.
Each of the above mentioned Contract Documents is intended to complement each other Contract Document so
mentioned so that any work called for in one,and not mentioned in another or others, or vice versa, is to be executed
as if it were mentioned in all of said Contract Documents. Work shall be performed in accordance with the
Specifications. In the event of any conflict between the Standard Specifications and the Special Provisions, the
terms of the Special Provisions shall be controlling.
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BID SCHEDULE
Name of Bidder !/�,�a� ��/ �J� ✓f/ � � :
The undersigned, having examined the proposed Contract Documents and having visited the site and examined the
conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances,
and to perform operations necessary to complete the work as required by said proposed Contract Documents,excluding
work of alternates for.
ITEOM DESCRIPTION �, QUANTITY UNIT L'N P CI MOUNT
I Mobilization and Traffic Control I LS $ $
(Maximum 5%of total bid)
0,�} 2 Street Patching 3,863 SF $ $ .�S/"64 (�
3
Asphalt Repair(Removal and $ $ f p
y 4,539 SF
Replacement)
9&/�
4Trree Root Removals and 865 SF $ $
Patching iyA0 i,2 3i9. o
5 Crack Sealing 1 LS
Type II Rubberized Emulsion $ $
6 Aggregate Slurry(REAS) 965,775 SF Q./8 �/n
w 8i 9�O
V;1� 7 Traffic Striping and Markings 1 LS $��Z3� Q
TOTAL BASE BID(In Figures) $
TOTAL BASE BID(In Words)
ALTERNATE BID ITEM `
ITEM DESCRIPTION UNIT UNIT PRICE I
NO. J
Alt. A Skin Patch SF FS
A't. B Remove a!,,'Replace Asphalt Beim SF
1pate*e41- tlaa 4 1 **glq /.S/. 9�
y ,
Z Xc y
Did Forms
4
STREET LIST
STREET NAME FROM UNIT
TO SY _ PRICE TOTAL
VIVIENDA COURT VIVIENDA AVE END 12,020 $0.18
VIVIENDA AVENUE BARTON ROAD CARHART AVE 23 END ,14,949 446 $2,
MIRADO AVE DE BERRY $0.18 $4,220.28
$0.18 $2,690.82
DE SOTO MIRADO MT VERNON AVE 25,608 $0.18
REED MAIN ST $4,609.44
FREMONTIA 26,934 $0.18 $4,848.12
FREMONTIA REED MAIN ST 40,904 $0.18
LADERA FREMONTIA 18,526 $7,362.72
END $0.18 $3,334.68
NAPA CT FREMONTIA END 9,136 $0.18
$1,644.48
ORIOLE MAIN ST PICO ST 42,669 $0.18 $7,680.42
PALM AVE
BARTON ROAD HOVEY HILL DR 124,301 $0.18 $22,374.18
PALM CT PALM AVE END 9,861 $0.18
KINGSTON EATON $1.774.98
MIRIAM WAY 64,823 $0.18 $11,668.14
ul
413,177 $74,371.86
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American Asphalt
South, Inc.
Date: AUGUST 29TH, 2007
To: CITY OF GRAND TERRACE j
Address: 22795 BARTON ROAD
GRAND TERRACE, CA 92313-5295
Attn: STEVE BERRY
Phone: (909)430-2226 Fax: (909)783-2600
From: LYLE STONE
Pages: 1
Subject: ROAD SLURRY SERVICES-2007
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American Asphalt South, Inc. will provide all equipment, labor, material and
tools to perform the following work on the above referenced project.
ITEM# DESCRIPTION UNIT QUANTITY UNIT TOTAL
1 TYPE II SLURRY W/LATEX SF 413,177 $0.1800 $74,371.86
2 WEED SPRAYING LS 1 $800.00 $800.00
TOTAL= $75,171.86
The following inclusions and exclusions apply.
INCLUSIONS: 1 MOVE-IN
ADVANCE NOTIFYING AND POSTING"NO PARKING' SIGNS
SWEEPING PRIOR TO SLURRY SEALING
TRAFFIC CONTROL FOR SLURRY SEALING
WEED SPRAYING PRIOR TO SLURRY SEALING
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EXCLUSIONS: PAVEMENT REPAIRS
CRACK WEEDING, CLEANING &SEALING
STRIPE/MARKER-REMOVAL, REPLACEMENT, PROTECTION, OR
REFERENCING
TEMPORARY STRIPING/MARKING
CLEANING OR WEEDING OTHER THAN STATED ABOVE
THREE WEEKS ADVANCE NOTICE REQUIRED PRIOR TO STARTING PROJECT. FINAL
PAYMENT IS DUE 30 DAYS AFTER COMPLETION OF OUR WORK OR 30 DAYSi AFTER
PROJECT ACCEPTANCE,WHICHEVER IS EARLIER.
NOTE: THE ABOVE PRICE IS GOOD THROUGH OCTOBER 31ST,2007
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SUBMITTED BY: DATE:
YLE STONE-SENIOR ESTIMATOR
ACCEPTED BY. DATE:
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www.americanasphaltsouth.com
Lic.#784969
MAILING ADDRESS:PO.BOX 310036•FONTANA,CA 92331•PHYSICAL ADDRESS:14436 SANTA ANA AVE •FONTANA r.A C0117•icinm dI)7_A')7R.PAY(QAO%A)7_977
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RECEIVE®
CITY OF GRAND TERRACE
EMERGENCY OPERATIONS COMMITTEE 6 ; 2007
Regular Meeting
MINUTES CITY OF GRAND TERRACE
CITY CLERK'S DEPARTMENT
August 7,2007
The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency
Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by
Chairperson, Vic Pfennighausen at 6:05'p.m. Agendas were distributed.
MEMBERS PRESENT— Vic Pfennighausen, JoAnn Johnson, Jim Vert, Lew Neeb, Randy
Halseth, Susan Taylor, Oscar Santana, Debra Hurst, Robert Stewart and Glenn Nichols.
MEMBERS ABSENT—None.
CITY STAFF—Assistant City Manager, Steve Berry.
GUESTS PRESENT/INTRODUCTIONS—Philomene Spisak, Jeff Allen and Mary Ann Stewart.
CORRESPONDANCE/COMMUNICATIONS—None.
APPROVAL OF AGENDA with motion by Lew Neeb and second by Debra Hurst.
APPROVAL OF MINUTES OF JULY 3, 2007 Motion by Glenn Nichols and second by Debra
Hurst. Approval included the correction of dates of practice activation and of next meeting before
sending to Council.
LIAISON REPORT by Steve Berry.
a. Tests on emergency electrical system in City Hall showed no power in an outage.
b. This has been corrected and there are now orange dots on regular and computer outlets
that will be live in the event of a power failure.
c. CERT ID cards are finished and have been or will be distributed to all members.
d. City Web site will be updated by departments within the next few weeks and final site
should be up and active by November 15th.
e. CERT is urged to have a booth at the Concert in the Park this Friday, August 1 Oth.
f. Mutual thanks for heads up on electrical system at City Hall. Vic urged Steve to have it
checked out, Steve ordered the check and Vic was present during the testing.
g. Back-up computer was not wired into the emergency circuit in an outage.
h. Load on emergency generators was only about half load.
EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen
a. CERT radios and base stations have all been programmed thanks to Bob Stewart.
b. One antenna has been tuned and a contractor will install all antennas for the base stations.
c. We plan to use both the MURS system (new CERT radios) and Amateur radios during the
exercise on the 29th.
d. During the CERT meeting, immediately following this meeting, the new radios will be
demonstrated.
COUNCIL AGENDA ITEM NO.PjQCj
e. Vic indicated he had still not had time to connect and test out the new fax machine.
f. Randy would like to take 15 minutes of CERT meeting to demonstrate the new radios.
g. Over all, all equipment is in good working order.
UNFINISHED BUSINESS—None.
NEW BUSINESS
a. Randy reports the first new class has completed the CERT training.
b. Will do CERT recruiting at the Concert in the Park. Will try to have a raffle prize.
c. Red Light cameras are up and should be live by September IOthi
d. Vic indicated he needed 6 more people for exercise on 291h. JoAnn will use Ham
(Amateur) radio, Helen Ramos will use CERT radio in the EOC. Others will be using
Ham and CERT radios in the field. Fire Department, Child Care and Senior Center will be
covered by in house personnel. Mary Ann Stewart and Philomene Spisak will be stationed
at some telephones.
e. Vic and others will be meeting with Barry Fox at Station 23 on August 20`h to determine
the Fire Department's role.
f. We will be using 5 phones that are not normally used in the City for our exercise. These
have all been identified and approved.
g. Request for people to work on Monday from 1 to 3 was made, but it is uncertain who will
be able to make it.
TRAINING/SPEAKERS
a. Might possibly try for a presentation of the decontamination tents for dirty bombs. �y
ADJOURNMENT at 6:35 p.m.
JoA n Johnson, Secretary
NEXT MEETING WILL BE TUESDAY, SEPTEMBER 4 AT 6 P.M.
2
CITY OF GRAND TERRACE
CITY COUNCIL
STAFF REPORT
CRA ( ) COUNCIL ITEM (x) MEETING DATE: September 11, 2007
SUBJECT: Speed Zone Survey
FUNDING REQUIRED NO FUNDING REQUIRED XX
California State Statues require each local agency to perform speed zone studies at
least every five years in order to be able to enforce speed limits through the use of
radar, or other electronic means. The Grand Terrace Municipal Code, Chapter 10,
Section 10.08 addresses the topic of speed zones and posted speed limits.
The City traffic engineering consultant recently conducted speed zone studies of five
locations within the City. Based on these studies, it is recommended that the City
Council certify the posted speed zones for these five locations as follows:
Street Speed Zone Section Currently Recommended
Posted Speed
Barton Road Michigan St to Mt Vernon Ave 40 35
Barton Road Mt Vernon Ave to Preston St 40 45
Michigan Street Barton Rd to Van Buren Ave 35 35
Mt Vernon Ave North City Limits to Barton Road 40 40
Mt Vernon Ave Barton Rd to Van Buren Ave 40 40
Note the following proposed changes of existing speed zones:
Barton Road from Michigan Street to Mt Vernon Avenue - the study supports
lowering the currently posted speed limit of 40 mph to 35 mph, due to increased
collisions in this area.
Barton Road from Mt. Vernon Avenue to Preston St. - the study supports raising
the currently posted speed limit of 40 mph to 45 mph, due to a slight increase in
the observed travel speeds of motorists in this area.
The speed limits for all other speed zones-in the City are currently being evaluated.
These will be submitted for recertification later in the year. However,, it is now necessary
COUNCIL AGENDA ITEM NO.&
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to re-certificate the speed zones at these 5 locations prior to implementation of the City
red light photo enforcement program at the intersections of Barton at Mt Vernon and
Barton at Michigan.
STAFF RECOMENDS THAT:
1. City Council conduct a public hearing.
2. Adopt the first reading of the ordinance for speed zoning as recommended.
ATTACHMENTS
ATTACHMENT 1 Ordinance No.
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1 ORDINANCE NO. ???
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
3 TERRACE, CALIFORNIA, AMENDING GRAND TERRACE MUNICIPAL
4 CODE, CHAPTER 10, SECTION 10.08, ESTABLISHING SPEED
5 LIMITS FOR VARIOUS STREETS IN THE CITY OF GRAND TERRACE
6
7 WHEREAS, the City of Grand Terrace, through its Traffic Consultant, has
8 recently conducted speed zone surveys on Barton Road, Michigan Street and Mt.
9 Vernon Avenue; and
10 WHEREAS, the City staff has evaluated traffic conditions and street
11 hazards in each area;
12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES
13 HEREBY ORDAIN AS FOLLOWS:
r 14 Section 1. Section 10.08.010 is hereby amended to add the following:
15 "The City Council finds, pursuant to traffic and engineering studies
16 conducted during 2007, that speed limits on Barton Road, Michigan Street and
17 Mt. Vernon Avenue are hereby established and certified to provide for the
18 protection of the general public and to facilitate the orderly movement of
19 traffic in a reasonable and safe manner."
20 Section 2 . Section 10. 08.020 is hereby amended to read as follows:
21 "10.08 .020 Barton Road, Mt. Vernon Avenue, DeBerry Street, Palm Avenue,
22 Main Street, Michigan Street, Dos Rios Avenue and Van Buren Avenue - Limits
23 Designated. The Prima Facie speed limits shall be as set forth in this
24 section on those streets designated as follows when signs are erected given
25 notice thereof:
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1 A. Barton Road from Michigan Street to Mt. Vernon Avenue, 35 Miles
2 Per Hour;
3 B. Barton Road from Mt. Vernon Avenue to Preston Street, 45 Miles
4 Per Hour;
5 C. Barton Road from Preston Street to East City Limits, 40 Miles Per
6 Hour; "
7 D. DeBerry Street from Michigan Street to Mt. Vernon Avenue, 35
g Miles Per Hour;
9 E. DeBerry Street from Mt. Vernon Avenue to Y,, mileleast of
10 Observation Drive, 35 Miles Per Hour;
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11 F. Palm Avenue from Honey Hill Drive to Barton Road, 35 Miles Per
12 Hour;
13 G. Main Street from Michigan Street to Mt. Vernon Avenue, 40 Miles
14 Per Hour;
15 H. Main Street from Mt. Vernon Avenue to Y4 mile east of Oriole
16 Avenue, 25 Miles Per Hour; 1
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17 I. Michigan Street from Barton Road to Van Buren Aienue, 35 Miles
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1g Per Hour;
19 J. Michigan Street from Van Buren Avenue to Main Street, 35 Miles
20 Per Hour;
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21 K. Mt. Vernon Avenue from North City Limits to Barton Road, 40 Miles
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22 Per Hour;
23 L. Mt. Vernon Avenue from Barton Road to Van Buren Avenue, 40 Miles
24 Per Hour;
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25 M. Mt. Vernon Avenue from Van Buren Avenue to Main Street, 35 Miles
Per Hour;
-2
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1 N. Dos Rios Avenue form Palm Avenue to DeBerry Street, 25 Miles Per
2 Hour
3 0. Van Buren Avenue from Michigan Street to Mt. Vernon Avenue, 25
4 Miles Per Hour."
5 Section 3 . Posting. The City Clerk shall this Ordinance to be posted in
6 three (3) public places within fifteen (15) days of its adoption, as
7 designated for such purposes by the City Council.
8 Section 4. First reading at a regular meeting of the City Council of
9 said City held on the 28 day of August, 2007 and finally adopted and ordered
10 posted at a regular meeting of said City Council on the 02 day of October,
11 2007.
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Mayor of the City of Grand Terrace
3 and of the CitylCouncil thereof
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4 Attest:
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Brenda Mesa, City Clerk
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8 2, Brenda Mesa, City Clerk of the City of Grand Terrace, California, do
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9 hereby certify that the foregoing Ordinance was introduced and adopted at a
10 regular meeting of the City Council of the City of Grand Terrace held on the
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11 ??? day of August, 2007 by the following vote:
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13 i' AYE;-
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14 NOES:
15 ABSENT
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16 ABSTAIN:
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Brenda (Mesa, City Clerk
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20 Approved as to form:
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John Harper, City Attorney
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ORDINANCE NO,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
APPROVING ZONE CHANGE NO.. 07-01 (Z-07-01) TO ADD THE R3-S ZONING
CLASSIFICATION TO THE CITY'S ZONING CODE AND TO CHANGE THE ZONING
OF THE BLUE MOUNTAIN SENIOR VILLAS SITE LOCATED AT 22627 GRAND
TERRACE ROAD FROM R1-7.2(SINGLE FAMILY RESIDENTIAL)TO R3-S(MULTIPLE
FAMILY-SENIOR CITIZEN)AND ENVIRONMENTAL ASSESSMENT NO.07-02(FINAL
IrJj - ENVIRONMENTAL IMPACT REPORT)
WHEREAS,the property covered by Z-07-01 is owned by the City of Grand Terrace; and
WHEREAS,the applicant has filed the necessary application to change the existing zoning
of R1-7.2 (Single Family Residential)to R3-S (Multiple Family, Senior Citizen); and
WHEREAS,the project site is the location of the existing community senior center and the
proposed Petta Park; and
WHEREAS,the proposed zoning amendment will not be detrimental to the health,safety,
morals, comfort or general welfare of the persons residing or working within the neighborhood of
the proposed zoning amendment or within the City; and
\} WHEREAS, the proposed zoning amendment will not be injurious to property or
improvements in the neighborhood or within the City; and
WHEREAS, the proposed zoning amendment will allow for the development of needed
affordable housing for senior citizens; and
WHEREAS,the State's Department ofHousing and Community Development has indicated
that sites in the City should be rezoned to higher densities such as provided by R3-S to satisfy the
demand for affordable housing including that for senior housing; and
WHEREAS, the proposed zoning amendment will enable the City to comply with the
current policies of the State Department of Housing and Community Development; and
WHEREAS, the proposed zoning amendment will establish zoning criteria and standards
for Medium High Density development that will provide housing and amenities for senior citizens;
and
WHEREAS,the proposed amendment will add a needed zoning classification to the City's
Zoning Code to allow for the future development of needed housing for senior citizens; and
WHEREAS,the proposed zoning amendment is consistent with the proposed Medium High
Density Residential category of the General Plan; and
COUNCIL AGENDA ITEM NO. ��
WHEREAS,under the California Environmental Quality Act Guidelines,Article 7,Section
15080 et al, the environmental assessment of the proposed project mad le under Environmental
Review Case No 07-02 required the preparation of a Final Environmental Impact Report which
concluded with the appropriate Environmental Findings as set forth in Exhibit K. The Final
Environmental Impact Report was certified by the City Council on August1 28, 2007.
WHEREAS,the Planning Commission held properly noticed public hearing on the proposal
on June 21, 2007; and
WHEREAS,the Planning Commission following the conclusion of the public hearing on `}
June 21,2007 recommended that the City Council approve Zone Change No. 07-01 to add R3-S to
the Zoning Code as set forth in Exhibit D and to rezone the site of the proposed senior housing,
senior center and passive park to R3-S as legally described by Exhibit E; and
WHEREAS, the City Council held a properly noticed public hearing to consider the
Planning Commission's recommendation and other relevant testimony on August 28, 2007
Z-07-01 and E-07-02; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Zone Change No. 07-01 to add the R3-S Zoning to the Zoning Code, as
described in Exhibit D,and to change the existing the existing R1-7.2 Zoning
to R3-S, as described in Exhibit E, is hereby approved and adopted by the
City Council of the City of Grand Terrace.
Section 2. The Final Environmental Impact Report on file in the offices of the
Community Development Department under E-07-02 is hereby approved as
Exhibit B.
Section 3 Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m.
on the 31 sr day of its adoption.
Section 4 Posting: The City Clerk shall cause this Ordinance to be posted in three(3)
public places within fifteen(15)days of its adoption, as designated for such
purpose by the City Council.
Section 5 First read at a regular meeting of the City Council of the City of Grand
Terrace held on the 28th day of August,2007 and finally adopted and ordered
posted at a regular meeting of said city council on the 11 th day of September,
2007.
2
ATTEST:
City Clerk of the City of Grand Mayor of the City of Grand Terrace
Terrace and of the City Council and of the City Council thereof
City Clerk of the City of Grand Terrace,California,do hereby
certify that the following Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 1 lth day of September, 2007 by the following
vote:
AYES:
NOES:
ABSENT"
ABSTAIN:
City Clerk
Approved as to form:
John Harper
City Attorney
c:\MyFilesUOHNIBluemfiseniorvillas\Bluemmseniorvillas2\Z-07-01 ordinance
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EXHIBIT D
CHAPTER 18.10 j
RH,R1,R2,R3 and R3-S RESIDENTIAL DISTRICTS
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The following_Section and Tables shall be modified as follows:
Section 18.10.020 Residential Districts:
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The following districts are designed to implement the goals and objectives of the
General Plan. Each district contains specific laud use regulations and,l density ranges for
development.
A. RH, Hillside Residential District: This district is intended for very low density
single family residential development with a maximum retention of open space. It is
located in the portions of the City identified in the General Plan's Master Environmental
Analysis as having severe development limitations related to topography and soil
conditions. The maximum density allowed in this district is one (1) dwelling unit per
gross acre.
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B. R1-20, Very Low Single Family Residential District: This district is intended for
very low density single family residential use. The minimum lot size is 20,000 square feet
with a maximum density of two(2)dwelling units per gross acre.
C. R1-10, Low Density Single Family Residential District: This district is intended
for low density single family residential use. The minimum lot size is, 10,000 square feet
with a maximum density of four(4)dwelling units per gross acre.
D. R1-7.2, Single Family Residential District: This district is intended for single
family residential use. The minimum lot size is 7,200 square feet with a maximum
density of five (5)dwelling units per gross acre.
E. R2, Low Medium Density Residential District: This district is intended for single
family residential use and low density multiple family development. The minimum lot
size is 10,000 square feet with a maximum density of nine (9) dwelling units per gross
acre. j
F. R3, Medium Density Residential District: This district is intended for medium
density multiple family development. The minimum lot size is 12,000 square feet with a
maximum density of twelve-plus (12+) dwelling units per gross acre. j(Ord. 126 §2, Exh.
A(part), 1990)
G. R3-S, Medium Famiiv, Senior Citizen: This district isl intended for the
development of senior citizen housing. The maximum density shall not exceed 20 units
Mr acre. The development standards shall be established though specific plan process.
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f. Not more than the permitted percent of the total parcel may be devoted to main
and accessory structures, parking areas, driveways and covered patios. The remaining
percent of the total parcel shall be devoted to open areas such as landscaping, lawn,
outdoor recreational facilities incidental to residential development, including swimming
pools, tennis courts, putting greens, uncovered patios and walkways. Said open areas
shall consist of not less than two hundred (200) square feet of open space per dwelling
unit.
g. Senior citizen housina's development standards will be established through
the specific plan process. All senior citizens housing protects in the R3-S zone will
require specific plan process: however,in no circumstance shall the density exceed
20 unit/acre.
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Table 18.10.040 Footnotes
a. A specific plan shall be required for all proposed projects (including tentative
parcel or tract maps) which include any property located within this district. Such a
specific plan shall establish site development standards on a project by project basis in
consideration of the existing topography and other physical constraints'
b. The specific plan shall not create a density greater than one (1) dwelling unit per
gross acre and shall be consistent with the City's General Plan. The, specific plan may
consider a clustered development concept in order to preserve large as open space and
minimize the project's impact on the physical environment.
C. The following exceptions apply to front,rear and side yard requirements as noted:
1. The minimum side and rear yard setback for a patio cover shall be five (5)
feet.
2. The minimum rear yard setback for an accessory structure shall be ten (10)
feet.
3. Slopes exceeding five percent (5%) shall be permitted no closer to a
residential structure than a distance equal to the required side and rear yard setbacks. In
the R1-10 District and the R1-20 District, the 35 foot rear yard setback may include 10
feet of slope that is greater than 5%.
4. In the case of a parcel or tract map, the twenty-five (2 5) foot front yard
setback requirement may range from twenty-two (22) feet to, twenty-eight (28)
feet,with an average of twenty-five(25)feet for all proposed lots.
5. In the case where an existing legal non-conforming stricture is located
within a required setback area, the legal non-conforming stricture may be enlarged
within the required setback area subject to the following conditions:
a) The proposed addition does not further reduce the depth of the
existing setback area; and
b) The proposed addition is located no closer than 5' from any
property line.
c) Density bonus
1)A density bonus of up to twenty percent(20%) may be approved
with a conditional use permit or specific plan if various off-site
improvements which benefit the general public are included in the project.
2) A density bonus of at least twenty-five percent (25%) shall be
approved if the proposed project meets the requirements of Chapter 4.2 of
the California Government Code regarding "Lower" and "Low or
Moderate Income Households"dwelling units.
d. For the purposes of this Chapter, the following terms shall be defined as follows:
1. "Living area" shall be defined as the enclosed area of a residential dwelling
unit,excluding porches,patios,carports, garages, storage areas, or auxiliary rooms.
2. "Multiple Family" shall be defined as one (1)or two (2)bedroom units only.
e. Accessory strictures shall not exceed twenty (20) feet in height, with exceptions
as listed in Section 18.73.090 of this Chapter.
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TABLE 18.10.040
Site Development Standards
DEVELOPMENT RH R20 R10 R7.2 R2 R3 R3-S
ISSUE
Area (Minimum _` 20,000 10,000 7,200 10,000 12,000 9
square feet)
Width (Minimum
linear feet)
* Interior Lot _e 100 60 60 60 60 B
* Corner Lot _° too 70 170 70 70 B
`- Lot Dept
Minimum linear feet) —a 150 100 100 100 100 8
Street Frontage _` 50 40 40 40 40 9
(Minimum linear feet)
Setbacks
(Minimum linear feet)
* Front Yard _a 25b 25b 25b 25b 25b 8
*Rear Yard _° 35b 35b 20b 20b 20b 9
* Side Yard
- Interior Lot
With Garage _8 lob lob lob lob lob g
Without Gar. _a 5b 5b 5b 5b 5b s
-Corner Lot
Street side _a 150 15` 15` 15` 150 9
No Street side a 5 5 5 5 1 10 8
Density (Allowable
dwelling units per _e 1-2 1-4 1-5 1-9 1-12e Max.20
acre)
Living Area
(Minimum square feet) _e 1,350' 1,350d 1,350d 1,350d 1,350d 8
* Single Family
* Duplex,Triplex,
Four-plex and
Multiple Family
- One(1) Bedroom _ _ _ _ 8000 8000- s
-Two(2) Bedroom _ _ _ _ l'000d 1'mod s
Height (Maximum _a 35` 35` 35e 35` 35` 8
linear feet)
Lot Coverage _a 40 50 50 &T 60 8
(Maximumpercent)
Distance Between
Buildings e 5 5 5 20 20 6
(Minimum linear feet)
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Day Care Center P P P P P P -
(Six (8)or Less Children)
Day Care Center C C C C C C -
(Seven(9)or More Children)
Residential Care Facility P P P P P P -
(Six (6)or Less Patients)
Residential Care Facility C C C C C C -
(Seven(7)or More Patients)
Utility or Service Facility C C C C C! C I -
Outdoor Recreation Facility C C C C C! C -
D. Temporary Uses
Temporary Uses P P P P P P P°
(As approved by Planning Director)
Temporary Trailers P P P P P P P d
(As Approved by Planning Director)
Table 18.10.030 Footnotes
a. A second single family detached unit (full sized single family detached dwelling)
shall be permitted in the R2 zone provided that the lot or parcel in question meets the
minimum area requirement for the R2 zone and that said lot or parcel is developed with
no more than one single family detached dwelling. A site and architectural review -
application for the second family detached unit in accordance with Chapter 18.63 of the
Zoning Code shall be required to be approved prior to the issuance of building permits.
In addition, all development standards of the underlying zone must be adhered to; and
any division in ownership among the structures on the lot or parcel in question shall
conform to the subdivision laws of the State and City.
b. A second family detached unit (full sized single family detached dwelling) shall
be permitted in the R3 zone provided that the lot or parcel in question meets the
minimum area requirements for the R3 zone and that said lot or parcel is developed with
no more than one single family detached dwelling. A site and architectural review
application for the second family detached unit in accordance with Chapter 18.63 of the
Zoning Code shall be required to be approved prior to the issuance of building permits.
In addition, all development standards of the underlying zone must be adhered to; and
any division in ownership among the structures on the lot or parcel in question shall
conform to the subdivision laws of the State and City. 1
C. "P" stands for "Permitted Use" where the use is permitted!by right; and "C"
stands for"Conditional Use"where the use requires a conditional use permit.
d. Senior citizen housing is allowed in the R3-S up to maximum density of 20
unit/acre. A specific plan will be required for all senior citizen housing projects in this
zone. Some accessory and temporary uses as indicated will be allowed in the R3-S zone
with the approval of the Community Development Director.
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TABLE 18.10.030
Land Use RegWations.
Permitted Uses I RH I R20 R 10 R7.2 R2 R3 R3-S
A. Residential Uses
Single Family (Detached), Full Sized P P P P P' P° -
Single Family (Attached) - - - - P P -
(Duplexes,Triplexes, and
Fourplexes consisting of One
(1)Bedroom and/or Two(2)Bedroom
Units Only)
Multiple Family Units - - - - P P -
(Planned Unit Developments
consisting of one (1)and/or
Two(2) Bedroom Units Only)
Manufactured Housing - - - P - - -
(As Permitted Per Chapter 18.66)
Mobile Home Park - - - - C C -
Senior Citizen Housing - - - - - - p
B. Residential Accessory Uses
Accessory Structure P P P P P p P"
Second Family Unit C C C C C C
(As Permitted Per
Chapter 18.69)
Guest House C C C C C C -
Private Garage P P P P P P -
Private Swimming Pool P P P P P P P"
Home occupation P P P P P P P
(As Permitted Per Chapter 5.06)
Keeping of Cats and Dogs P P P P P P P"
(Maximum of Two (2)Each)
Other Accessory Uses P' P P P p p pd
(As Approved by the Planning Director)
C. Other Uses
Churches C C C C IC C -
(Minimum Three-Acre Parcel)
Schools . C C C C IC C -
(Private and Parochial)
Public Park and Playground P P P P P P -
Public Facilities C C C C C C -
(And Quasi- Public)
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EXHIBIT E: LEGAL DESCRIPTION
LEGAL DFSCRIITIONI
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COMmENCm AT TIDI SOUTHWEST CORNER OF SAID LOT 1,THE POINT OF BEGwmo;T HEwm
ALONG THE SOUM L NZ OF SAID LOT 1,N8904676"E,791.56 FEET TO SOUTHWEST CORNER OF SAID
LOT 2;THENCE ALONG THE SOUTH LINE OF SAID LOT 2,N8904626"E, 125.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 2;THENCE ALONG THE EAST LINE OF SAID LOT 2,N00°2929"W,
465.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 2;SAID POINT BEING ON THE SOUTHERLY
RIGHT OF WAY LINE OF GRAND TERRACE ROAD;THENCE WESTERLY ALONG A CURVE CONCAVE
TO THE SOUTH,HAVING A RADIUS OF 1,190.00 FEET,THROUGH A CENTRAL ANGLE OF 13-11-17",AN
ARC LENGTH OF 273.91;THENCE S64°02'09"W,426.20 FEET;THENCE 1 ALONG A CURVE
CONCAVE TO THE NORTH,HAVING A RADIUS OF 250.00 FEET,THROUGH A CENTRAL ANGLE OF
43.45V5",AN ARC LENGTH OF 190.9&TO THE NORTHWEST CORNER OF SAID LOT 1;THENCE
S25°5714"W, 198.65 FEET TO THE POINT OF BEGINNING.
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ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
APPROVING SPECIFIC PLAN NO.07-01(SP-07-01-BLUE MOUNTAIN SENIOR VILLAS
SPECIFIC PLAN) AND ENVIRONMENTAL ASSESSMENT NO. 07-02 (FINAL
ENVIRONMENTAL IMPACT REPORT)
WHEREAS,the property covered by SP-07-01 is owned by the City of Grand Terrace; and
WHEREAS, the project site is the location of the existing community senior center and
master planned Petta Park; and
WHEREAS,the City's General Plan requires the preparation of a Specific Plan for all multi-
family projects of 20 units or more; and
WHEREAS,the proposed land uses under SP-07-01 are consistent with those identified in
the City General Plan for Medium High Density Residential uses: and
WHEREAS, the development of SP-07-01 will result in the provision of needed senior
citizen housing,of a new community senior center and of new recreational opportunities through the
construction of a new park for City residents; and
WHEREAS,under the California Environmental Quality Act Guidelines,Article 7,Section
15080 et al, the environmental assessment of the proposed project made under Environmental
Review Case No 07-02 required the preparation of a Final Environmental Impact Report which
concluded with the appropriate Environmental Findings as set forth in Exhibit K. The Final
Environmental Impact Report was certified by the City Council on August 28, 2007.
WHEREAS, the Planning Commission held a properly noticed public hearing on June 21,
2007; and
WHEREAS, the Planning Commission following its public hearing on June 21, 2007
recommended that the City Council approve the Blue Mountain Senior Villas Specific Plan under
SP-07-01 and associated Final Environmental Impact Report under E-07-02 set out in full in the
attached Exhibits A and B; and
WHEREAS, the City Council held a properly noticed public hearing on August 28, 2007
for SP-07-01 and E-07-02.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE
OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1: The proposed Blue Mountain Senior Villas Specific Plan(SP-07-01)set out
in full in Exhibit A is hereby approved and adopted by the City Council.
Section 2: The Final Environmental Impact Report(E-07-02)on file in the Community
Development Department of the City of Grand Terrace is hereby certified and
approved as Exhibit B.
Section 3: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m.
on the 31 sr day of its adoption.
Section 4: Posting: The City Clerk shall cause this Ordinance to be posted in three (3)
public places within fifteen(15)days of its adoption, as designated for such
purpose by the City Council.
Section 5: First read at a regular meeting of the City Council of the City of Grand
Terrace held on the 28th day of August,2007 and finally adopted and ordered
posted at a regular meeting of the said City Council on the 11`s of September,
2007.
ATTEST:
City Clerk of the City of Grand Mayor of the,'City of Grand Terrace
Terrace and of the City Council and of the City Council thereof
I,Brenda Mesa,City Clerk of the City of Grand Terrace, California,do hereby certify that
the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the I ld'day of September, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Mesa
City Clerk
Approved as to form:
John Harper
City Attorney
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cAMyFilesVOHN\...\Bluemtnseniorvillas2W-07-01 ordinance
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c1Ty
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Community Services Department
Staff Report
MEETING DATE: September 11, 2007
CRA ITEM ( ) COUNCIL ITEM (X)
( SUBJECT: COUNCIL TO APPROVE STREET SWEEPING CONTRACT
�J FUNDING REQUIRED (X)
BACKGROUND
Since the City incorporated, private contractors have been providing street sweeping
services for the 77 residential and commercial curb miles. In 2002, staff requested taking
the service back in-house due to service issues with the contractor.
The City purchased a Tymco 435 street sweeper at a cost of$92,000 (5-year term
payment agreement) and used existing staff to man the service. Tonnage collected from
the street sweepings went from 9 tons per month under the private contractor to 21 tons
with the city operation.
The new street sweeping system worked well for four years. Into the fifth year, the
breakdowns increased disrupting service in the city. The city has no backup sweeper. The
city budgeted $49,000 per year for the service and has never exceeded the budgeted
amount. The final payment for the Tymco street sweeper was made in June 2007.
The cost for a new, more powerful piece of equipment rose to $175,000 and became
unfeasible to continue in-house operations within the current budget guidelines. The
need for a secondary, back-up sweeper would also increase the maintenance cost of the
program.
Staff put a street sweeping bid package out to public bid in early August 2007 with the
bids dues September 4`h 2007. Highlights of the bid include*:
-Weekly sweeping of the Barton Road and Mt Vernon corridors
-Monthly sweeping for all residential and commercial streets
-Monthly sweeping of all parks, Senior Center, and Civic Center
-Backup equipment available for service interruptions
-Two types of sweepers available for seasonal changes
-Maintenance and facility yards within a 20 mile radius of City Hall
-GPS tracking for route confirmation each time the city is swept
-Maintain the current sweeping schedule until January 1, 2008 when Community Services
will work with the contractor to consolidate the sweeping zones
COUNCIL AGENDA ITEM NO.��
- Thirty(30) day period relating to the adequacy of performance by the Contractor, the
City Manager may at his discretion elect to cancel the contract by giving thirty(30) days
notice of cancellation in writing to the Contractor.
*Details of all the service requirements are in the attached contract
Three bid packages were purchased through the Finance Department to,street sweeping
companies and the city received one bid. The low bidder was Kellar Sweeping, Inc of
Yucaipa for$43,200 per year for one time per month street sweeping service on all
streets. Staff negotiated additional services to include once per week sweeping on all of
Barton Road and Mt Vernon Road at an additional cost of$600 per month for a total
annual cost of$50,400. The city currently budgets $49,000 per year fori the in-house
service.
RECOMMENDATION
Staff recommends contracting with Kellar Sweeping ,Inc.for a period of three (3)
years beginning October 1st, 2007, through September 30, 2010.
NOTE: Once the contractor starts service, the city will sell the Tymco street
sweeper in the open market.
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':�Mtt�MaRCity
For more information visitof Grand Terracety grandterrace.or�,.c� of g
Street Sweeping Schedule
2007 ---
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LAM Er " R f 1. First Monday
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PARrAwc " FRAMUM 3. First Thursday
nco sr rim• D R
R „W 4. Second Monday
> 5. Second Wednesday
wucu R
• TANAG■! R l lAVal MAY o >WAY 6. Second Thursday
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f. •■■■• LADKU R Rom WAY -
All streets in the city will be swept once
"AM R ■AM R NAM R per month base on the above schedule
from 6:00 am to 3:00 pm-PLEASE MOVE
ALL VEHICLES FROM THE STREET
NOTE CHANGES TO ZONE I &4.
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CITY OF GRAND TERRACE
2007 STREET SWEEPING DATES
ZONE 1 ZONE 4
(First Monday of each month) (Second Monday of each month)
January 8* January 22*
February 5 February 12
March 5 March 12
April 2 April 9
May 7 May 14
June 4 June 11
July 2 July 9 _1
August 6 August 13
September 10* September 17*
October 1 October 8
November 5 November 19*
December 3 December 10
ZONE 2 ZONE 5
(First Wednesday of each month) (Second Wednesday of each month)
January 3 January 10
February 7 February 14
March 7 March 14
April 4 April 11
May 2 May 9
June 6 June 13
July 11* July 18*
August 1 August 8
September 5 September 12
October 3 October 10
November 7 November 14
December 5 December 12
ZONE 3 ZONE 6
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(First Thursday of each month) (Second Thursday of each month)
January 4 January 11
February 1 February 8
March 1 March 8
April 5 April 12
May 3 May 10
June 7 June 14
July 5 July 12
August 2 August 9
September 6 September 13
October 4 October 11
November 1 November 8
December 6 December 13
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*Due to the Jan. I"and Jan. 1 Sei Holidays, the first Monday is scheduled for Jam 8'h and the second Monday is scheduled
for Jan.22 a *Due to the July 4`*Holiday, the first Wednesday is scheduled for July 11`h and the second Wednesday is
scheduled for July I gh. *Due to Labor Day on Sept. 3' the first Monday is scheduled for Sept. 10*and the second Monday
is scheduled for Sept. 17h. *Due to the Veterans Day Holiday, the second Monday is scheduled for November 10.
SWEEPER WILL NOT OPERATE ON RAINY DAYS OR DURING INCLEMENT WEATHER.
NO MAKE-UP DATES WILL BE SCHEDULED.
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STREET SWEEPING SERVICES AGREEMENT
This Agreement is made and entered into this 11th day of September 2007,
between the CITY of Grand Terrace, (hereinafter referred to as "CITY") and Kellar
Sweeping, Inc., (hereinafter referred to as "CONTRACTOR").
A. Recitals.
(i) CONTRACTOR has submitted a proposal to sweep public streets within
the limits of the CITY.
(ii) CITY has determined that it is in the best interest of CITY to enter into the
Agreement hereinafter contained.
�1 NOW, THEREFORE, it is agreed by and between CITY and
CONTRACTOR as follows:
B. Agreement.
Term of Agreement:
This contract will be for a period of three (3) years beginning October 1st, 2007,
through September 30, 2010. Prior to June 1, 2009, contractor has the option to
provide the City a price proposal for a fourth year, and request renewal of agreement
for a second three (3) year term. The City has the sole discretion in the decision to
renew the contract. If no proposal is tendered by June 1, 2009, the City will
automatically proceed with the bid process. The rate of compensation during the
contract term will rise or fall annually after September 30, 2010 based on the rise and
fall in'the Consumer Price Index (CPI) of the Bureau of Labor Statistics of the
United States Department of Labor for CPIW (Urban Wage Earners and Clerical
Workers) for the Los Angeles-Anaheim-Riverside Metropolitan Area, March to
March average.
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STREET SWEEPING SERVICES AGREEMENT
Page 2 of 16
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SECTION I. SCOPE OF WORK
The primary objectives of the sweeping program are to:
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1. Establish and adhere to a regular schedule of performance.
2. Maintain gutter flow lines free of debris for free flow of water.
3. Maintain a state of cleanliness for road safety acceptable to the City and its
residents.
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4. Meet all Federal, State, County and City laws and ordinances.
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5. Meet South Coast Air Quality Management District (A OMD)
requirements as described in Rule 1186.1.
6. Meet all NPDES requirements to remove and properly,dispose of dust,
silt, dirt, leaves and other organic and inorganic materials from the City
streets prior to such materials entering the City's storm;drain system.
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A. Services Requested —
1 . Services shall include furnishing all labor, equipment, tools, fuel,
insurance, supervision, disposal costs and materials (except water), to
sweep streets in accordance with the schedule and specifications contained
in this document.
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During the term of the contract, the Contractor shall sweep by machine all
residential public streets, commercial public streets andl all the paved
public alleys in the City, in accordance with the sweeping schedule as
established by the City prior to execution of the contract.
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3. Commercial and residential streets are defined for the purposes of this
contract as all areas of public streets which are paved and which are
regularly used for the operation of motor vehicles.
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B. Description of Work -
2 ;
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STREET SWEEPING SERVICES AGREEMENT
Page 3 of 16
City of Grand Terrace — One (1) time per month
Note the current schedule attached (A). These zones must be swept according to the
2007 Street Sweeping Schedule until December 31, 2007. As of January 1, 2008, a
new schedule can be negotiated (with no change in compensation) with the city and
the contractor combining zones and days of service for better operating efficiency.
Once these new dates are established, they will remain throughout the term of the
contract.
The City will be responsible for notification to the residents of the new dates and
any required posted sign changes in the neighborhoods.
Grand Terrace Business District — One (1) time per week
Both sides of Barton Road from Preston west to the I-215
Both sides of Mt. Vernon from Main north to Grand Terrace Road
1 City Lots — One (1) time per month
City Hall, Pico Park, Rollins Park, Senior Center
Residentially zoned areas shall be swept between 6:00 a.m. and 3 p.m. Commercially
zoned areas can be swept from 9 p.m. to 6 a.m. If any complaints arise from the
sweeping times other than the 6 a.m. to 3 p.m. times, the contractor must work with
Community Services to resolve the issue to the City's satisfaction.
Special Requirements:
• The City is requiring two separate types of equipment to be used
throughout the year depending on the weather and/or foliage
conditions. The City reserves the right to request equipment
changes earlier or later in the year.
• Summer Months (May- September): Equipment Type, Schwartz
M5000* or similar type
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STREET SWEEPING SERVICES AGREEMENT
Page 4 of 16
• Winter Months (October— February): A8000 Schwartz Air Vac*
or similar type
• A GPS Navigation System with the ability to track the street
sweeping activity and provide a monthly report of the streets
serviced.
• Street sweeping service should not exceed 8 mph on city streets.
• Maintain a yard and maintenance facility both, within a 20-mile
radius of the City of Grand Terrace, City Hall.
* This is not to be considered an endorsement, and the City maintains final
determination of equipment adequacy.
C. Labor, Equipment and Materials -
1. The Contractor shall use and furnish at his own expen e all labor,
equipment, and materials necessary for the satisfactory, performance of the
work set forth in this contract. The Contractor shall use standard heavy
duty street sweeping equipment (as noted above), as n cessary to clean the
streets of the City of paper, glass, dirt, sand, rocks, litter, and debris.
Bristles on brushes shall not be used beyond moderately worn conditions.
2. The operators shall be competent in all aspects of street sweeper
operations. This includes knowledge of all operational aspects of the
equipment used, knowledge of the California Vehicle Code, knowledge of
standard safety practices, and knowledge of notification procedures
should the need arise to contract City personnel.
3. The primary equipment shall be of recognized make and shall be kept in
good and safe repair and not greater than 10-years old,for either the
chassis and/or the vacuum system. Semi-annual inspection of all
equipment must be conducted with findings from those inspections to be
submitted to the City in writing.
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STREET SWEEPING SERVICES AGREEMENT
Page 5 of 16
D. Quality Control -
1 . Sweeping shall be done in a neat, orderly and professional manner. The
street sweeper shall leave designated areas of sweeping free of dirt, litter,
debris, obstructions, smears and visual dust in accordance to the City's
standards of cleanliness.
2. While sweeping shall normally consist of a single pass over an area, the
Contractor shall make additional passes or such extra effort as may be
required to adequately clean the street. Extra effort shall be required
when sweeping equipment leaves a dirt/silt smear in its pathway. Extra
effort will be strictly enforced during and after windy conditions and
storm weather. The cost of any extra effort shall be included in the
contract cost.
3. Non-swept or non-sweepable items such as tree limbs, palm fronds, rocks,
trash and debris shall be removed from the sweeping path by the
sweeping operator rather than going around it. Larger obstructions such
- as impaired vertical and /or horizontal clearance by tree limbs,
construction or landscaping debris, etc. shall be immediately reported to
the City when the location cannot be swept.
4. The City Manager or His/Her appointed representative shall be the sole
Judge of the quality of work or quality of equipment. In the event that the
results of a sweep are considered to be unsatisfactory, the City will notify
the Contractor of exact location and description of deficiency. The
Contractor shall re-sweep the unsatisfactory area at its expense, and
responses shall be completed within One (1) Working Day.
5. The contractor must possess back-up capabilities for instances when
sweeping cannot be completed on schedule due to mechanical failure.
6. Regularly scheduled work not performed shall be deducted from the
invoice at twice the average curb mile cost (total monthly cost divided by
the curb miles).
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STREET SWEEPING SERVICES AGREEMENT
Page 6 of 16
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E. Emergency Sweeps —
Occasional sweeping required by Contractor to include non-hazardous
spills, accident clean-ups and unusual conditions, which would require
after-hour, weekend and holiday responses. Response;to emergency
sweeps shall be within two (2) hours of notification by the City.
Contractor shall provide City with name and phone number of contact
person for after-hour emergency sweeps.
F. Disposal -
Contractor shall dispose of all refuse and debris collected from sweeping
operations in the City's Corporate Yard. The cost for ;disposal is not
included in the contract cost.
F 1.0 Sweeping Practices and Standards of Performance
1. Areas of Street
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Areas of street shall include curb lines along both sides o'f the roadway or to
the edge of pavement where no curb exists, along all curbs on raised medians,
over all portions of painted median, painted left and right turn pockets, and all
intersection cross-gutters. Noses or ends of curbed medians and arterial
intersection turn pockets and arterial intersection center areas and dead spots
are to be maintained on the same frequency as the median or intersection for
which they are associated and included in the curb mile price. Curb returns
(radii) at intersections of arterial and residential streets will be swept along their
entire length and free of debris on scheduled arterial sweeping days. Excluded
from areas to be swept are those that would cause damage to the equipment
used. While Contractor is normally responsible for tl7ie 8' strip (sweeper
width), curb to curb sweeping, an additional width of street may need to be
swept at some locations due to unforeseen circumstances and shall be included
within the curb mile price.
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STREET SWEEPING SERVICES AGREEMENT
Page 7of16
2. Flow of Traffic
Sweeping shall be accomplished in the same direction as traffic flow at all
times during sweeping.
3. Warning Devices
Vehicles shall be equipped with top-mounted warning lights (rotating or
beacon) visible for 360' or comparable traffic safety lights when sweeping. A
rear-mounted left/right arrow stick shall be required for arterial and bike lane
sweepers.
4. Sweeping Speed
Sweeping speed shall be adjusted to street and debris condition with a
maximum speed of eight miles per hour (8 MPH). City streets swept while
driver exceeds eight miles per hour (8 MPH) will be re-swept in their entirety at
Contractor's expense. In addition, a verbal warning will be given for the first
LJ violation. A written warning will be given for the second violation, and a
"Failure to Perform" notice will be issued upon the third violation.
5. Notification of Non-sweeping
Contractor shall provide City representative on a daily basis (when applicable)
with list of all streets not swept when regular sweeping schedule is interrupted
for any reason and shall deduct said street from the sweeping billing for that .
day. Contractor shall provide a list of non-sweepable streets to the City by
facsimile machine or telephone by the end of the workday. The City shall
notify the Contractor by phone on non-sweeping conditions due to inclement
weather. The City's notification will serve as a non-sweep day and will not be
paid for by the City unless an alternative sweeping schedule is coordinated by
the Contractor and is submitted to the .City for approval. The daily rate will be
calculated by the total annual cost divided by the number of service days.
6. Holidays and Potential Conflicts with the Waste and Recycling
Contractor
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STREET SWEEPING SERVICES AGREEMENT
Page 8 of 16
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Contractor will observe all City holidays and holidays observed by City's
franchised waste hauler. Approved non-sweep days will not be paid for by the
City unless an alternative sweeping schedule is coordinated by the Contractor
and is submitted to the City for approval. The daily rate will be calculated by
the total annual cost divided by the number of service days
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Trash and recycling collection days will take priority over street sweeping days
and cannot be both performed on the same day. Currently, Grand Terrace is
serviced by Burrtec Waste Industries, Inc. every Tuesday. I
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G. Water -
The Contractor shall obtain water for sweeping operations at points
designated by the City. Necessary water shall be furnished at the expense
of the City.
SECTION II. BOND, INSURANCE, AND DRUG FREE WORKPLACE
A. Worker's Compensation —
At the Time of the execution of the contract, the Contractor shall deposit
with the City a certificate of Worker's Compensation Insurance, which
insurance coverage shall be in accordance with the laws of the State of
California.
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B. Personal Injury and Property Damage -
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At the time of execution of the contract, the Contractor shall deposit with
the City a Certificate of Insurance, which shall evidence the fact that the
Contractor has in full force effect a Comprehensive Personal Injury and
Property Damage Insurance policy. Policy should be in the amounts no
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STREET SWEEPING SERVICES AGREEMENT
Page 9 of 16
less than $1,000,000 Personal Injury and $1,000,000 Property Damage.
The policy shall name the City as additionally insured and shall provide
that it cannot be canceled without at least ten (10) days' notice to the City.
C. Drug Free Workplace -
At the time of execution of the contract, the Contractor shall provide a
signed written statement that the Contractor has implemented a policy to
forbid any employees, consultants, Contractors, vendors, visitors or other
individuals to sell, provide, use, possess or be under the influence of
alcohol or illicit drugs or controlled substances not authorized by medical
prescription while on the Contractors premises, representing the
Contractor in any manner, or while on paid status for the Contractor.
SECTION III. PAYMENT
A. General
Contractor invoice shall show the monthly amount due for the work
described in these specifications. It shall also show the amount due for
any authorized work not described in these specifications. Invoices are
processed for payment upon receipt by the City and paid within 30 days.
B. Suspension of Contract
If, at any time in the opinion of the City Manager, the Contractor has
failed to supply an adequate working force, or equipment of proper
quality, or has failed in any other respect to accomplish the proper quality,
or has failed in any other respect to accomplish the work with the
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STREET SWEEPING SERVICES AGREEMENT
Page 10 of 16
diligence and force specified and intended in and by the terms of the
contract, notice thereof in writing will be served upon him. Should he
neglect or refuse to provide means for satisfactory compliance with the
contract, as directed by the City Manager within the time specified in such
notice, the City Manager in any such case shall have the power to suspend
the operation of the contract. Upon receiving notice of such suspension,
the Contractor's control over the work to be done hereunder shall
terminate, and the City Manager or his duly authorizedi,representative may
do the following:
(1) Hire such force and buy or rent such additional machinery, tools,
appliances and equipment, and buy such additional materials and
supplies at the Contractor's expense, as may be necessary for the
proper conduct of the work and for the completion thereof.
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(2) Employ other parties to carry the contract to completion, employ the
necessary worker, substitute other machinery or materials, and
purchase the materials contracted for, in such a manner as the City
Manager may deem proper.
(3) Annul and cancel the contract and relet the work.
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Notwithstanding the provisions of subparagraph (B) above, in the event
the City receives in excess of fifteen (15) or more complaints documented
in writing by Community Services from its citizens during any thirty (30)
day period relating to the adequacy of performance by'the Contractor, the
City Manager may at his discretion elect to cancel the contract by giving
thirty (30) days notice of cancellation in writing to the Contractor.
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SECTION IV. MEASURMENT AND STATEMENT
The Contractor shall submit, upon the City Manager's request, a daily
tabulation of which base area was swept, odometer readings, hours of
operation, number of dumps and engine hour meter readings if available. This
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STREET SWEEPING SERVICES AGREEMENT
Page 11 of 16
is required to meet National Pollution Elimination System Discharge
Reporting
Requirements and must include the estimated volume and weight of materials
dumped.
SECTION V. INDEMNIFICATION
1. Indemnification: CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, employees and agents from and against all
claims, damages, losses and expenses including attorney fees arising out of
the performance of the work described herein, caused in whole or in part
by the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or any one for whose acts any of them may be
liable, except where caused by the active negligence, sole negligence, or
willful misconduct of the CITY.
SECTION VI. CONTRACT PRICE
1. Contract Price and Payment_ For all of the services which the CONTRACTOR is
obligated to perform under the terms of this Agreement, the CITY shall pay to the
CONTRACTOR the sum of $4,200 per month. The CONTRACTOR shall
provide additional street sweeping service for work not otherwise specified at the
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STREET SWEEPING SERVICES AGREEMENT
Page 12 of 16
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rate of $145 per hour during regular working hours, $170 per hour on Saturdays
and $195 per hour on Sundays with a two (2) hour minimumi when requested by
CITY's City Manager. Payment to the CONTRACTOR shall; be made subject to
the submittal of monthly invoices by the CONTRACTOR for work actually
performed as verified by the City Manager or his designated representative.
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a. In the event this Agreement is extended beyond September 30, 2010,
the base contract price may be adjusted annually) on the anniversary
date of the Agreement in accordance with the percentage change of
the Consumer Price Index (CPI) for Los Angeles-Riverside-Orange
County Metropolitan Statistical Area (1967=100), published by the
Bureau of Labor Statistics of the United States Department of Labor
for the previous year. The previous year's base contract price will be
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multiplied by the CPI and that amount will be added to the previous
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year's base contract price and will be the new contract price for the
new year. For any given year, the base contract price shall not be
increased beyond the CPI unless mutually agreed i upon in writing by
CITY and CONTRACTOR.
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STREET SWEEPING SERVICES AGREEMENT
Page 13of16
SECTION VII. STATE WAGE DETERMINATION
a. CITY and CONTRACTOR stipulate that the agreed price for the
street sweeping services for the duration of the Agreement are based
I j upon the standard hourly wages paid by CONTRACTOR for drivers.
b. CITY and CONTRACTOR stipulate that there is pending legislation,
rules, and/or regulations that are being considered by the State of
California requiring prevailing wages paid to street sweeper drivers.
c. CITY and CONTRACTOR further stipulate that in the event that
prevailing wage regulations do require the payment of prevailing wages
to the street sweeper drivers that are required to fulfill this Agreement,
the Agreement price will be increased to cover the additional wages
required by the prevailing wage law and any additional expenses
resulting from the increased wages paid to the street sweeper drivers
by CONTRACTOR. This additional price increase will be effective as
of the date additional prevailing wages must be paid by
CONTRACTOR.
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STREET SWEEPING SERVICES AGREEMENT
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SECTION VIII. TERMINATION
1. Termination: Notwithstanding any other provision of this Agreement to the
contrary, this Agreement may be terminated at any time by either party upon thirty ;
(30) days written notice.
2. Attorney's Fees: In the event that any action or proceeding is brought by either
party to enforce any term or provision of this Agreement, the prevailing party shall
recover its reasonable attorney's fees and costs incurred with respect thereto.
a. The CONTRACTOR shall immediately clean up and/or
report to the CITY any and all conditions related to street
sweeping which may tend to create unsafe or hazardous
conditions. The CONTRACTOR shall be held liable for any
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claim arising from failure to correct an unsafe condition that is
within the scope of his contracted responsibility herein.
3. Assignment:
a. No assignment of this Agreement or of any part or obligation of
performance hereunder shall be made, either in 7hole or in part, by
CONTRACTOR without the prior written consent by CITY.
4. Independent Contractor:
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STREET SWEEPING SERVICES AGREEMENT
Page 15 of 16
a. The parties hereto agree that CONTRACTOR and its employees, officers
and agents are independent contractors under this Agreement and shall
not be construed for any purpose to be employees of CITY.
5. Governing Law:
a. This Agreement shall be governed by and construed in accordance with the
laws of the State of California, the County of San Bernardino, and applicable
NPDES Permits.
2. Entire Agreement:
a. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each
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parry to this Agreement acknowledges that no representation by any party which
is not embodied herein nor any other agreement, statement, or promise not
contained in this Agreement shall be valid and binding. Any modification of this
Agreement shall be effective only if it is in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first set forth above:
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STREET SWEEPING SERVICES AGREEMENT
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ATTEST: CITY OF GRAND TB RRACE
By:
City Clerk Mayor
CONTRACTOR
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Title
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APPROVED AS TO FORM:
By:
City Attorney
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Community Services Department
Staff Report
MEETING DATE: September, 112007
CRA ITEM ( ) COUNCIL ITEM (X)
SUBJECT: Measure I Capital Improvement Plan for FY 2007-2010
FUNDING REQUIRED (X)
Background:
Adopted by San Bernardino County voters in 1989, Measure I is a major source of
revenue for transportation improvements in the City of Grand Terrace. This 20-year half-
cent sales tax has provided over$2.2 million for Grand Terrace street repairs,
reconstruction, striping, and slurry sealing.
The estimated Measure I Revenue for FY 07-08 is $204,215 including interest.
In the fourth quarter of every year, the City is required to update our Measure I CIP in
order to continue to receive Measure I Funds. Included in the annual funding are projects
deemed necessary by staff. These projects can be changed mid-year with a resolution
from City Council.
Additionally, the San Bernardino Association of Governments (SCAG) is requesting that
the City of Grand Terrace provide documentation to clarify the policy approach for the
expenditure of Measure I funds. Below is a Measure I Three Year Capital Improvement
Plan Expenditure Strategy for 2007/10 as submitted for approval by the city council:
The City of Grand Terrace's existing road network is fairly well
established. Therefore, the City's primary use of Measure I funds will
be for the reconstruction and maintenance of existing City streets. It
is the City's intent to design and begin construction of the project the
same year the project is identified in the remaining Three-Year Capital
Improvement Plan.
Recommendation:
Staff requests the City Council to approve the Three Year Measure I Projects for the FY
2007-10 and the Measure I Three Year Capital Improvement Plan Expenditure Strategy
for 2007/10.
COUNCIL AGENDA ITEM NO.P4--),
Resolution No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE,STATE OF CALIFORNIA,ADOPTING THE
THREE YEAR CAPITAL IMPROVEMENT PROGRAM
WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in
November, 1989,authorizing San Bernardino Associated Governments,acting as the San Bernardino
County Transportation Authority,to impose a one-half of one percent retail transactions and use tax
applicable in the incorporated and unincorporated territory of the county of San Bernardino, and
WHEREAS, revenue from the tax can only be used for transportation improvement and
traffic management programs authorized in the Expenditure Plans set forth!in Ordinance No. 89-1
of the Authority, and
WHEREAS, Expenditure Plans of the Ordinance require each local jurisdiction receiving
revenue from the tax to expend those funds pursuant to a Five-Year Capital Improvement Program
and a Twei,.y-Year Transportation Plan adopted by resolution of the local jurisdiction, and
AITTEREAS, Expenditure Plans of the Ordinance also require that;each local jurisdiction
:Un1 1,pt and update its Capital Improvement Plan;
NNW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand
ite of California,hereby adopts the Measure I Three Year Capital Improvement Program,
a copy of which is attached to this resolution.
�SSED,APPROVED AND ADOPTED by the City Council of the City of Grand Terrace,
California at a regular meeting held on the 11`h day of September, 2007.
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ATTEST:
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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.
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City' Grand Terrace
PROPOSED MEASURE 1 THREE YEAR PLAN 2007/2010
September 2007
YEAR STREET & LIMITS IMPROVEMENT COST ESTIMATE
2007-08 Barton Road Bridge Program Replacement and widening of Bridge $346,100
2007-08 City Wide—Slurry Program Slurry Program
Vivienda Ct from Vivienda Ave to end $2,163.60
Vivienda Ave from Barton to Carhart $4,220.28
Mirado Ave from DeBerry to end $2,690.82
DeSoto from Mirado to Mt Vernon $4,609.44
Reed from Main to Fremontia $4,848.12
Fremontia from Reed to Main $7,362.72
Ladera from Fremontia to end $3,334.68
Napa Ct from Fremontia to end $1,644.48
Oriole from Main to Pico $7,680.42
Palm from Barton to Honeyhill $22,374.18
W Palm Ct from Palm to end $1,774.98
Kingston from Eaton to Miriam Way $11,668.14
Total Cost for Slurry Program 2007 $74,371.86
2007-08 Barton Rd from Mt Vernon to the east Pavement Rehab- OS $180,000
2007-08 Barton Rd Slurry Program 1-215 to the east Slurry Seal after the pavement rehab $140,000
2007-08 City Wide Striping Program Striping Program $60,000
2007-08 Crack Sealing All Slurry streets including Barton Road $50,000
2009-10 TBA
TOTAL $850,471.86
Contact: Steve Berry SANBAG's Measure I Revenue Estimate (3 yrs.) $555,528
909-430-2226 Fund Balance as of June 30, 2007 $295,400
TOTAL AVAILABLE: $850,928
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STAFF REPORT
CITY MANAGER'S OFFICE
CRA ITEM (X)COUNCIL ITEM(X) MEETING DATE: September 11,2007
SUBJECT: Memorandum of Understanding with Grand Terrace Partners LLC
FUNDING REQUIRED: YES() NO (X)
Background
The Redevelopment Agency previously entered into an Exclusive Negotiating Agreement(ENA)
with Grand Terrace Partners LLC (GTP) for certain planning and predevelopment activities
related to the proposed Outdoor Adventures Center(OAC).
Consistent with the ENA, GTP has performed numerous tasks that are critical for the intelligent
development of a mixed-use project adjacent to the I-215 freeway. These include:
• A very high quality market analysis and use-programming study that confirmed many of
precepts of the OAC plan, and provided guidance regarding new concepts that could
developed on the site.
• Multiple traffic studies, based on several use mixes, to determine the need for certain
roadway improvements.
U • Several freeway interchange plans, both interim and long-term,to improve access to the
OAC site. GTP has also participated, along with City staff, in numerous meetings with
Caltrans and SANBAG regarding the design and construction of these improvements.
• New site plans and alternatives,prepared by the nationally-renown planning and design
firm, EDAW, for an evolving mixed-use concept for the project.
• Preliminary contacts with several major anchor retail tenants.
• Financial feasibility and proforma analyses for the project.
Staff and the Agency's redevelopment consultant have been impressed with the thoroughness and
quality of GTP's predevelopment work to date and believe that it substantially fulfills the
expectations of the ENA.
Key Concern: Freeway Accessibility
GTP has focused most of its energies during the last year, along with staff, in crafting both
interim and permanent solutions to the freeway access issue. This has required considerable
interaction with both Caltrans and SANBAG, and has also entailed coordination with the I-215
Corridor Study that is planning major improvements to the freeway between Riverside and San
Bernardino in the 2012-2020 timeframe. GTP has paid for several traffic studies and conceptual
designs for various possible changes to the Barton Road interchange.
Although the focus on the interchange has delayed progress on the overall project, staff is pleased
COUNCIL AGENDA ITEM NOP"P
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to report that, with considerable cooperation from both Caltrans and SANBAG, that there is now
agreement an interim improvement plan, and a process leading to the design and construction of
the permanent Barton Road interchange:
• On an interim basis, lane restriping, improved signalization and minor widening of the
southbound exit ramp will improve traffic flows and safety around the Barton Road
overpass. The cost of these changes, expected to be modest, will be folded into the
budget for GTP's mixed-use project. �!
• On a permanent basis, SANBAG has agreed to accelerate the design and construction of a
new Barton Road interchange that conforms to the"ultimate design" for the widening of
the 215. The cost of this project, which will likely be in the $25440 million range, will
be paid by a combination of state and federal funds, including commitments for freeway
improvement dollars previously secured by the City of Grand Terrace. This project is
already in the design phase; SANBAG has committed to sharing its plans with the City
for its review. The project expected to be complete by 2010-2012.
Memorandum of Understanding
The MOU submitted for consideration to the City Council and Redevelopment Agency Board is
a natural extension of the development process for the proposed mixed-use project between the
Agency and GTP, and provides a framework for GTP and the Agency to work towards a
Disposition&Development Agreement(DDA)that will govern the actual development of the
project. Among the activities contemplated under the MOU by the developer are:
• Preparation of a new specific plan for the mixed-use development.)
• Preparation of an environmental impact report(EIR) for the development.
• Design and engineering for the interim traffic improvements, and coordination with
Caltrans and SANBAG for the new Barton Road interchange.
• Commitments from the major retail anchors.
• Initiation of the land assembly process, including appraisals.
• Site planning and engineering for the mixed-use development.
• Refined proforma analysis for both private and public financings
The specific plan,EIR and appraisals will be undertaken at the expense of GTP, and it has
agreed to make a series of deposits to the Agency to pay for them in advance. The initial amount
that is expected to be deposited with the City is estimated to be approximately $300,000. GTP is
also responsible for all of its other design and development expenses.
Additionally,the City and Agency have certain responsibilities under the MOU. They include:
• Continuing involvement in the interim and permanent traffic improvements, including
ROW issues.
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• Performance of legally required actions, such as owner participation and environmental
review processes.
• Contemplation of an amendment to the redevelopment project area plan.
• Application to the California Public Service Commission to relocate the Pico Street
railroad crossing to the new location as required by the project plan.
• Appraisal of all the parcels contemplated for inclusion in the proposed project.
The MOU also provides for continuing the period of exclusivity between the Agency and GTP
for the development of this project and for its eventual replacement with a DDA.
Fiscal Impact
There is no immediate impact to the City or Agency budgets beyond funds already allocated for
the administration of the planning and redevelopment programs.
Recommended Action
Approve the Memorandum of Understanding with Grand Terrace Partners LLC
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MEMORANDUM OF UNDERSTANDING
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THIS MEMORANDUM. OF UNDERSTANDING (this "Memorandum") is dated for
identification purposes as of September 11, 2007, and is entered into 1by and between THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE (the
"Agency"), THE CITY OF GRAND TERRACE, CALIFORNIA, a municipal!,corporation (the"City")
and GRAND TERRACE PARTNERS, LLC, a California limited liability company(the"Developer"),
under the terms and provisions set forth below. The Agency, City and Developer are sometimes
hereinafter individually referred to as a"Party"and collectively referred to as the"Parties."
RECITALS:
A. Pursuant to applicable laws and ordinances, the City established the Agency and
adopted and approved that certain Redevelopment Plan (the "Redevelopment Plan") for the Grand
Terrace Redevelopment Area("Redevelopment Area").
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B. The City Council previously adopted the Outdoor Adventure Center Specific Plan
(the "OAC Plan") to govern the use and development of certain real property (the "Site") located
within the Redevelopment Area that is depicted on the site map attached he as Exhibit"A" (the
"Site Map"), and certified an environmental impact report for the OAC Plan ("OAC EIR"). The Site
consists of certain real property owned by Agency (the "Agency Parcels',') and certain privately
owned parcels (the "Acquisition Parcels"). The Agency Parcels and Acquisition Parcels are
depicted,respectively, on the Site Map.
C. The City and the Agency previously entered into an Exclusive Negotiating
Agreement with Developer (the "ENA") to explore the acquisition and development of the Site by
Developer in accordance with the OAC Plan. Developer has performed substantial due diligence
investigations under the ENA regarding the development of the Site and the off-site improvements
that will be required in connection with the development of the Site, including without limitation: (1)
Developer has submitted to the City and the Agency all plans and reports required under the ENA,
including market demand studies,reports on discussions with potential retail,anchors and preliminary
site plans; and(2) Developer has prepared plans and studies for the Interim Traffic Improvements (as
hereinafter defined) and has had extensive discussions with the City and the California Department
of Transportation ("Caltrans")regarding the Interim Traffic Improvements.
D. The prior approval of the OAC Plan and the certification of the OAC EIR have been
vacated. The City and the Agency have mutually determined that a new specific plan should be
prepared to govern the use and development of Site (the "New Specific Plan") and a new
environmental impact report (the "New EIR") should be prepared to analyze the potential
environmental impacts of the New Specific Plan and the development of the Site in accordance
therewith under the California Environmental Quality Act("CEQA").
E. The Parties desire to enter into this Memorandum with Developer to set forth: (1) the
procedures for the preparation of the New Specific Plan and the New EIR; (2) the obligations of
Developer for payment of costs incurred by the City for the preparation of the New Specific Plan and
the New EIR; (3) the respective rights and obligations of the Parties with respect to the Acquisition
Parcels,the acquisition of the Agency Parcels and the development of the Site.
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Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 1 of 10
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NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged,
the Parties mutually agree as follows:
AGREEMENT
1. New Specific Plan. Within sixty (60) days following the mutual execution of this
Memorandum, the City shall enter into a written contract (the "SP Contract") with a planning
consultant selected by the City to prepare a draft of the New Specific Plan for the Site for submittal
to the City. The SP Contract shall be subject to the prior written approval of Developer, which shall
not be unreasonably withheld or delayed. The City shall be entitled to draw funds from the
Developer Deposit (as hereinafter defined)to pay any costs and expenses incurred by the City under
the SP Contract. The New Specific Plan shall address development standards and permitted uses for
the Site,which shall include a retail center and may also include office, hotel,commercial, residential
and flex-office/light industrial uses.
2. New EIR. Within ninety (90) days following the mutual execution of this
Memorandum,the City shall enter into a written contract(the"EIR Contract")with an environmental
impact report consultant selected by the City to prepare a draft of the New EIR for submittal to the
City. The EIR Contract shall be subject to the prior written approval of Developer, which shall not be
unreasonably withheld or delayed. The New EIR will analyze the environmental impacts in
accordance with CEQA of(i) the New Specific Plan, (ii) development of the Site in accordance with
the New Site Plan, and (iii) the performance of the Interim Traffic Improvements. The City shall be
entitled to draw funds from the Developer Deposit to pay any costs and expenses incurred by the City
under the EIR Contract..
3. Developer Deposit.
3.1 Developer previously deposited with the City the sum of the Ten Thousand
Dollars ($10,000) as a deposit under the ENA (the "ENA Deposit"). Th& term "Developer Deposit"
means the ENA Deposit and any monies deposited by Developer pursuant to Sections 3.2 through
3.4, inclusive.
3.2 Developer shall deposit with the City the additional sum of Three Hundred
Thousand Dollars ($300,000) in the following installments: (a) One Hundred Thousand Dollars
($100,000) upon execution of this Memorandum by all Parties; and (b) Fifty Thousand Dollars
($50,000)on each of January 1, 2008,April 1,2008, July 1, 2008 and October 1,2008.
3.3 Developer shall deposit with the City additional funds to cover the cost of the
Appraisal (as hereinafter defined) of the Agency Parcels and the Acquisition Parcels. Such deposit
shall be made within ten (10) business days following delivery by the City to the Developer of the
approved Appraisal Contract (as hereinafter defined) mutually executed by the City and the
Appraiser(as hereinafter defined).
3.4 In addition to the foregoing, (i) in the event that any amendments to, or
change orders under, the SP Contract or the EIR Contract (collectively, the "Contract Changes")
increase the contract sum and expenses due from the City thereunder (collectively, the "Contract
Sum Increases"), (ii) the Contract Changes have been approved by Developer, which approval shall
not be unreasonably withheld, and (iii) the City will not have sufficient funds from the ENA Deposit
and the monies deposited by Developer with the City under Section 3.2 to pay the Contract Sum
Increases, then Developer shall deposit with the City, with ten (10) business days following written
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 2 of 10
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request by the City, such additional funds as are required by the City to pay in full the Contract Sum
Increases.
3.5 The City shall draw upon the Developer Deposit as and when needed by the
City to pay any costs and expenses incurred by the City under the SP Contract, the EIR Contract and
the Appraisal Contract. No consent or approval of Developer is required four the use or draw of the
Developer Deposit for such purposes.
4. Traffic Improvements.
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4.1 The San Bernardino Association of Governments (i`SANBAG"), operating
under the oversight of Caltrans, has announced its intention to construct permanent improvements to
the Barton Road interchange of the I-215 Freeway, including on-ramp and off-ramp improvements
and improvements to the Barton Road bridge (collectively, the "Permanent Traffic Improvements").
SANBAG officials are currently scheduling the completion of construction of the Permanent Traffic
Improvements for calendar year 2015, subject to approvals of plans and construction costs and
required budget allocations.
4.2 Developer has prepared a proposal for interim improvements to Barton Road
and adjacent streets and intersections which are designed to allow for the development of the Site
prior to the construction of the Permanent Traffic Improvements (collectively, the "Interim Traffic
Improvements"). A plan showing the current configuration of the Interim iTraffic Improvements is
attached to this Memorandum as Exhibit "B". Prior to the execution of this Memorandum,
Developer has(i)prepared,at its sole cost,engineering concept plans and traffic studies related to the
Interim Traffic Improvements, copies of which have been provided to the City and Caltrans, and (ii)
had numerous meetings with the City and Caltrans to discuss the Interim Traffic Improvements.
Caltrans has requested additional traffic and engineering tests and studies regarding the Interim
Traffic Improvements(the"Additional Interim Studies").
4.3 During the Term (as hereinafter defined) of this Memorandum, Developer, at
its sole cost, shall provide the Additional Interim Studies to Caltrans and continue to diligently work
with Caltrans to obtain its approval of the Interim Traffic Improvements.
5. Additional Responsibilities of Developer. In addition to the other obligations of
Developer set forth in this Memorandum, Developer shall perform the following responsibilities
during the Term,at its sole cost:
5.1 Work diligently to obtain letters of intent from potential anchor tenants and
other tenants for a retail center to be developed on the Site.
5.2 With respect to the Acquisition Parcels: (a) within ninety (90) days following
completion of the Appraisals of the Acquisition Parcels pursuant to Section 7.1, submit offers to
every owner of Acquisition Parcels that have an aggregate acreage of four (4) acres or more for the
purchase of such Acquisition Parcels at a purchase price consistent with the Established Value of
such Acquisition Parcels; and (b)every calendar quarter thereafter, submit a written report to the City
Manager on the status of Developer's efforts to acquire the Acquisition Parcels.
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Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 3 of 10
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5.3 Deliver to the City the following plans and drawings for a proposed
development on the Site (the "Project"): (a) enhanced site plans; and (b) renderings of representative
buildings.
5.4 Deliver to the City: (a) a development budget for the Project setting forth the
projected cost of construction and development of the Project, including hard and soft costs; (b) an
operating budget for the Project setting forth the projected operating revenues and expenses for the
first three years following the certificate of occupancy for the Project; and (c)a financing plan for the
Project.
5.5 Conduct any due diligence tests and investigations that Developer may
require with respect to the Agency Parcels.
6. Responsibilities of Agency and City.
6.1 During the Term, at their sole cost and expense, the City and Agency
respectively shall prepare and submit the following documents and perform the following acts:
6.1.1 The Agency shall: (a)prepare a draft amendment to the Redevelopment
Plan for the purposes set forth in Exhibit "C" to this Memorandum within ninety (90) days following
the mutual execution of this Memorandum (the "Plan Amendment"); (b) submit the draft Plan
Amendment to the Agency Board for its review and consideration; (c) following and expressly subject
to the approval of the Plan Amendment by the Agency Board, seek any necessary approvals that are
required for the adoption and implementation of the Plan Amendment from other governmental
agencies; and (d) conduct any environmental review required under CEQA in connection with such
actions.
6.1.2 The City shall continue to cooperate with Developer in Developer's
efforts to obtain the approval of the Interim Traffic Improvements by Caltrans.
6.1.3 The Agency shall commence and complete all actions required under
applicable laws and ordinances to comply with any requirements related to "owner participation" for
ownership and development of the Site.
6.1.4 The City and the Agency shall take all actions necessary to obtain
written approvals from the California Public Utilities Commission and the United Pacific Railroad for
the realignment of the Pico at-grade rail crossing as may be required by the new Specific Plan and
Developer's development of the Site.
6.1.5 The City shall promptly notify the Developer in writing of any
applications filed with the City for any development of any Acquisition Parcels or any proposed plans
for such development that are communicated to the City.
6.2 The Agency and the City shall deliver to Developer, without cost or expense,
any non-confidential and non-proprietary information, studies, reports, plans, surveys, appraisals, test
results or other documents relating to the Site and the development of the Site which are in the
possession of the Agency or the City.
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 4 of 10
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6.3 The City shall continue its lead role in the entitleent, development and
subdivision of the Site, including compliance with CEQA for such entitlei m ents and other related
approvals.
6.4 The City and the Agency, as applicable, shall take all actions necessary.to
obtain the approvals that may be required for the implementation of the Interim Traffic
Improvements, as approved by Caltrans, including without limitation, the following: (a) acquisition
of additional right-of-way for a right-turn lane on south side of Barton Road between Michigan and
Vivienda Avenues; (b) relocation of power lines on the south side of Barton)Road; (c) acquisition of
land necessary to connect Commerce Way to Vivienda Avenue; (d)acquisition of additional right-of-
way on the south side of Barton Road east of Vivienda Avenue, if necessary; (e) the elimination of
right turns onto La Crosse Avenue from the southbound Barton Road off-ramp of the 1-215 Freeway;
(f) reclamation of right-of-way west of southbound Barton Road off-ramp iof the I-215 Freeway to
accommodate the widening of the Barton Road overpass to add two new lanes; and (g)
transformation of La Crosse Avenue south of Barton Road into a one-way southbound only street.
7. Appraisal.
7.1 Within thirty (30) days following the mutual execution of this Memorandum,
the Agency shall enter into a written contract (the "Appraisal Contract I") with an independent
appraiser,to appraise the fair market value of each of the Agency Parcels and the Acquisition Parcels
(collectively, the "Appraisal") on a per square foot basis (the "Established and,
The Appraisal
Contract shall provide that all of the Appraisals shall be completed within ninety (90) days of the
date of the Appraisal Contract. The Appraisal Contract shall be subject to the prior written approval
of Developer, which shall not be unreasonably withheld or delayed. Upon receipt by the Agency of
each of the Appraisals,the Agency shall deliver a copy of the Appraisals to Developer.
7.2 The DDA shall contain the terms and conditions for the phasing and timing of
the acquisition of the Agency Parcels by the Developer and the acquisition price to be paid by the
Developer for the Agency Parcels, which acquisition price shall not exceed ithe Established Value of
the Agency Parcels,as determined by the Appraisal.
8. DDA
8.1 The Parties shall negotiate the terms and conditions of a Disposition and
Development Agreement between the City and the Agency,on the one hand,and the Developer, on the
other hand, for the development and ownership of the Site (the "DDA"). iThe DDA shall address,
without limitation, the following subjects: (a) the scope and schedule for development of the Project;
(b) the methods for the Project's financing, including any public participation or assistance to the
Project; (c) the timing of the transfer of ownership of the Agency Parcels to Developer and the
acquisition price for the Agency Parcels; (d) the responsibilities of the Parties for site assembly costs,
including site acquisition and relocation, which shall be consistent with Agency policies and State and
Federal Relocation Laws; (e) the design of the Project, subject to compliance with all City and the
Agency requirements and regulations from which Developer has not receiZed a variance, including
without limitation, applicable zoning; (f) permitted uses for the Project; and (g) the responsibilities of
the Parties for construction of all off-site improvements for the Project and the methods of financing
same.
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING 1
09-05-2007 Page 5 of 10
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8.2 In the event that the Parties do not execute the DDA prior to the conclusion of
the Term (as hereinafter defined) of this Memorandum, then this Memorandum shall terminate, and
the City and Agency shall have the right to negotiate with other persons and entities for the
acquisition of the Agency Parcels and the development of the Site. In the event this Memorandum is
terminated, the Agency shall refund to Developer, within forty-five (45) days of termination, such
amount of the Developer Deposit, if any, as remains after all permitted draws by the Agency from the
Developer Deposit under Section 3.4 have been taken.
9. Mutual Agreement to Negotiate Exclusive.
9.1 The Parties agree that, during the,Term,the Parties shall negotiate exclusively
and in good faith with each other concerning the development of the Site in general and particularly
with respect to the DDA to be entered into between the Parties. Subject to compliance with the law,
including, but not limited to,the Brown Act and the Public Records Act,the City and the Agency: (a)
shall not discuss its negotiations with Developer with any third party other than its consultants, other
applicable agencies, and staff members of the Agency and the City (collectively, the "Permitted
Parties") during the Term; (b) shall treat all documents and written information produced by
Developer and provided to the City or the Agency in the performance by Developer of its
responsibilities pursuant to this Memorandum as work product of Developer (collectively,
"Developer's Work Product"); and(c) shall keep confidential all of Developer's Work Product(other
than any information which is a matter of public knowledge or may be obtained from sources readily
available to the public) and shall not provide or distribute Developer's Work Product to any third
party other than the Permitted Parties. The City and Agency shall require any Permitted Party with
whom it discusses such negotiations or to whom it provides any portion of Developer's Work
Product to acknowledge the confidentiality of such negotiations and materials and to agree not to
disclose such negotiations and materials to any other party.
9.2 The-City and Agency agree that, during the Term, the City and Agency: (a)
shall not sell, transfer or lease the Agency Parcels or any portions thereof to any person or entity other
than Developer; (b) shall not discuss or negotiate the use or occupancy of any area within the Site with
any potential user or tenant (other than month-to-month tenancies), except with the prior consent of
Developer or as required under Section 6.1.3; and (c) shall not solicit offers .from, entertain proposals
by, or negotiate with, any other prospective developer with respect to development of the Site, except
as required under Section 6.1.3.
10. Term
10.1 The term of this Memorandum (the "Tern") shall commence upon execution
by all of the Parties and unless mutually agreed by all of the Parties shall conclude sixty (60) days
following the latest of the following to occur: (a) final non-appealable written approval of the Interim
Traffic Improvements by Caltmns; and.(b) final non-appealable approval by the City Council of the
New Specific Plan and final non-appealable certification by the City Council of the New EIR. The
term `final non-appealeable approval" means that (i) the required action has been approved by the
requisite agency and (ii) all statutory time periods for administrative and judicial appeal of such
approval have expired or lapsed and the approval remains as adopted by the requisite agency.
10.2 Notwithstanding any other provision of this Memorandum, Developer shall
have the right to terminate this Memorandum upon a determination by Developer, in its discretion,
that the Project is not financially feasible at any time prior to the expiration of the Term by delivering
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 6 of 10
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to the City a written notice of early termination which sets forth the effective date of such termination
(the "Early Termination Notice"). The Early Termination Notice shall be effective as of the date set
forth therein (which,shall not be less than ten (10) business days after the delivery of such Early
Termination Notice to the City).
11. Acknowledgements by Developer. Developer acknowledges and agrees that:
11.1 All entitlements, variances, subdivisions, signage approvals, and other land
use approvals requested for the Project are subject to the authority, review and approval of the
Agency and the City and compliance with the requirements of CEQA, except that the Agency has
agreed to discuss in good faith, during the Tenn, Developer's requests for such approvals.
11.2 The Agency has not agreed to fund, subsidize or otherwise financially
contribute toward the development of the Project, except that the Agency has agreed to discuss in
good faith, during the Term, the establishment of a conduit for project generated revenue financing
and other types of financial assistance, which discussions may result in a I7commendation by the
Agency Staff for the establishment of such a conduit for project generated revenue financing and/or
such other types of financial assistance.Any financial participation by the Agency will be determined
by the Agency, in its sole and absolute discretion, in accordance with California Health & Safety
Code Section 33433, based upon such factors such as market conditions, density of development,
cost of development of the Project, risks associated with development of the Project, estimated or
actual revenues and profit to be derived from the Project, public purposes associated with
development of the Project, and other matters relevant to establishing the fair market value of the
Project, the financial requirements of Developer respecting its acquisition of the Site and
development of the Project and the financial and other benefits to be derived by the Agency and the
City from development of the Project.
12. General Provisions.
12.1. Costs and Expenses. Except as specifically provided in Section 5.2,each Parry
to this Memorandum shall bear their own costs and expenses in performing their obligations hereunder.
Such costs and expenses are non-reimbursable and non-refundable.
12.2 Assi meets. This Memorandum and the rights granted hereunder are
personal to each of the City, Agency and Developer and may not be assigned or transferred in any
way, in whole or part, without the prior written approval of the other Parties which approval may be
given or withheld in such other Parties' reasonable discretion.
12.3 Entire Agreement. This Memorandum represents the entire agreement of the
Parties with respect to the matters set forth herein. This Memorandum may not be amended except in a
writing signed by all of the Parties hereunder. Upon execution of this Memorandum by the Parties,the
ENA shall be terminated and of no,further force of effect.
12.4 Attorneys Fees. If any Party brings an action or files a proceeding in
connection with the enforcement of its respective rights or as a consequence of any breach by the other
Parties of their obligations hereunder, then the prevailing Party in such action or proceeding shall be
entitled to have its reasonable attorneys' fees'and out-of-pocket expenditures paid by the losing
Parties.
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Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
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12.5 Termination. In the event that either Party fails to perform its responsibilities
under this Memorandum and such failure continues following fifteen (15) business days' written
notice to that Party, the other Party may terminate this Memorandum by delivery of a written notice
of termination.
12.6. Notices. All notices required or permitted hereunder shall be delivered in
person or by facsimile, by overnight courier, or by registered or certified mail, postage prepaid, return
receipt requested to such Party at its address shown below, or to any other place designated in writing
by such Party. Any such notice shall be deemed received upon delivery, if delivered personally or by
facsimile, one (1) day after delivery to the courier, if delivered by courier, and three (3)days after
deposit into the United States Mail, if delivered by registered or certified mail.
If to City or Agency: City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5295
Attention: Thomas Schwab, City Manager
Facsimile: (909) 783-7629
with a copy to: Harper& Burns, LLP
453 S. Glassell St.
Orange, CA 92666
Attention: John R. Harper, Esq.
Facsimile: (714) 744-3350
If to Developer: Grand Terrace Partners, LLC
c/o Mar Ventures, Inc.
2050 W. 190'' Street
Suite 201
Torrance CA 90504
Attention: Allan Mackenzie
Facsimile: (310) 781-9253
with a copy to: Center Square Holdings, Inc.
2815 Townsgate Road
Suite 140
Westlake Village, CA 91361
Attention: Richard A. Lawrence, Esq.
Facsimile: (805)496-5371
12.7 Applicable Law. This Memorandum shall be construed and interpreted in
accordance with the laws of the State of California.
[SIGNATURES ON THE FOLLOWING PAGES]
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 8 of 10
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IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the
day and year written above.
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"Agency„ "City'
The Community Redevelopment Agency The City of Grand Terrace,California
of the City of Grand Terrace a municipal corporation
By: By:
Maryetta Ferre Maryetta Ferre
Its: Chairman Its: Mayor
Date: ,2007 Date: , 2007
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Attest: Attest:
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Brenda Mesa,Agency Clerk Brenda Mesa, City Clerk,
Date: , 2007 Date: , 2 i 007
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Approved as to Form and Legalily for Aeencv: Approved as to Form and Legality for City:
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John R. Harper John R. Harper
Agency Attorney City Attorney
Date: , 2007 Date: , 2007
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Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 9 of 10
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"Developer"
Grand Terrace Partners, LLC,
a California limited liability company
By: Mar Torrance Partners, L.P.,
a Delaware limited partnership
Its: Member
By: Mar Ventures, Inc.,
a California corporation
Its: General Partner
By:
Allan W. Mackenzie
Its: President
Date: , 2007
Grand Terrace,CA MEMORANDUM OF UNDERSTANDING
09-05-2007 Page 10 of 10
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The Site Map is on the following page
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Grand Terrace,CA EXHIBIT"A"
09-05-2007 TO MEMORANDUM OF UNDERSTANDING
Page A-1
14
A preliminary plan of the Interim Traffic Improvements
is on the following pages
Grand Terrace,CA EXHIBIT"B"
09-05-2007 TO MEMORANDUM OF UNDERSTANDING
Page B-1
15
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The draft Plan Amendment shall include the following provisions:
1. Increase the Redevelopment Plan's cumulative tax increment revenue limit from $70
million (net of taxing agency payments) to approximately $200 millioni (net of taxing agency
payments).
2. Extend the duration of the Redevelopment Plan and time limit to collect tax
increment revenue by seven years (pursuant to Health and Safety Cod Ie Sections 33333.6(a), F,
33333.6(b), and 33333.6(e)(2)(C)),
3. Increase the Redevelopment Plan's limit on the amount of bonded debt that may be
outstanding at any one time, from $15 million to approximately $65 million,
4. Replace description of land uses of the Redevelopment Plan(as contained in
Section IV. Uses Permitted in Project Area, pp. 33-42) with language that directly refers to
adopted General Plan, zoning and other local land use policies.
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Grand Terrace,CA EXHIBIT"C"
09-05-2007 TO MEMORANDUM OF UNDERSTANDING
Page C-1
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EXHIBIT"A"
SITE MAP
(Attached on the following page)
Grand Terrace ENA
Version 4.0 (11-18--2004) A-1
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