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04/13/2010 ILE Ct T GRAND TERR CE AP61,13,2010 22795'Barton Road Grand Terrace California 92313-5295 Civic Center CITY OF=GRAND, TERRACE (909)824-6621 : Fax(909)783-7629 Fax(909)783-2600 CRA/CITY COUNCIL Maryetta Ferr6 Mayor REGULAR MEETINGS Lee Ann Garcia Mayor Pro Tem 2 AND 4TH Tuesday - 600 p.m. = Bea Cortes Jim Miller Wait Stanckiewitz Com cil Members - Betsy M.Adams City Manager Council Chambers- ; Grand�,Terrace Civic Center -22795 Barton,Road Grand fier`race, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA 4 CITY COUNCIL CHAMBERS April 13,2010 GRAND TERRACE CIVIC CENTER 4:30 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION 4:30 P.M. CONVENE CITY COUNCIL MEETING 1. Closed Session-Conference with Legal Counsel-Potential i Litigation-GC54956.9(b)(2)and GC54956.9(c) ADJOURN CITY COUNCIL MEETING 6:00 P.M. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 03-23-2010 Minutes Approve 2. License Agreement for the Sale of Fireworks on Agency Property Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Woman of Distinction Recognition B. Proclamation- Blue Ribbon Week-Week of May 9,2010 C. Recognition of Sheriff's Deputies for Exceptional Service 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 04-13-2010 Approve COUNCIL AGENDA 04-13-2010 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION B. Waive Full Reading of Ordinances on Agenda C. Approval of 03-23-2010 Minutes Approve D. Agreement for "Maintenance of Traffic Signals and Safety Approve Lighting"Located at the Main Entrance of Grand Terrace High School on Main Street E. AT&T Telephone and Data Services Contract Approve F. Acceptance of Dedication at 12569 Michigan Street, Grand Accept Terrace,CA G. Historical&Cultural Activities Committee Meeting Minutes of Accept 03/01/2010 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions i contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS A. Resolution-Swertfeger Equipment-Modification or Revocation Approve of Conditional Use Permit 99-01, 99-01A2 and 99-01A3, Located at 12438 Michigan Street B. An Ordinance Amending Chapter 8.112 of the Grand Terrace Adopt Municipal Code Establishing a No Fireworks Safety Zone 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS-None 9. CLOSED SESSION A. Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees B. Conference with Legal Counsel - Potential Litigation - GC54956.9(b)(2)and GC54956.9(c) ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,APRIL 27,2010,AT 6:00 P.M. .......................................................................................................................... AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -MARCH 23,2010 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on March 23, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes,Agency Member Walt Stanckiewitz, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Espinoza, Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 03=09-2010 MINUTES CRA-2010-16 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES,CARRIED 4-0,to approve the March 9,2010 Community Redevelopment Agency Minutes. REVIEW OF CRA INVESTMENT POLICY CRA-2010-17 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 4-0, to approve the CRA Investment Policy. ADD A CLOSED SESSION ITEM TO DISCUSS THE SENIOR PROJECT FINAL CHANGE ORDERS CRA-2010-18 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ,CARRIED 4-0,to add a Closed Session Item with regards to the Senior Project Final Change Orders. CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes March 23,2010 Page 2 City Attorney John Harper announced that the Agency Members met in Closed Session to discuss the Senior Project Final Change Orders and the furniture situation at the site. They discussed what options the City has and considered a proposal for a resolution from CBH (Corporation for Better Housing). He indicated that CBH proposed withdrawing the request for change order in exchanged for retaining ownership of all the furniture. This will allow the Agency to use all or portion of the $72,000.00 to purchase furniture for the facility. SENIOR PROJECT FINAL CHANGE ORDERS Virginia Harford, 11825 Arliss Way, told the story of the crew removing most of the furniture from the Senior Center while Deputies were in the dining room giving a lesson on identity theft. City Attorney Harper indicated that CBH withdrew the Change Order therefor this item will no longer require action. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:27 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,April 13,2010 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CALI'FORNIA AGENDA REPORT MEETING DATE: April 13, 2010 Council Item( CRA Item (X ) TITLE: License Agreement for the Sale of Fireworks on Agency Property PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the attached License Agreement between the Agency and American Promotional Events, Inc., to permit the use of Agency property for the sale of Safe and Sane Fireworks during June and July 2010. BACKGROUND: The City Council has been evaluating the effects of Safe and Sane Fireworks on the safety of our citizens and options for any future regulation of the use of fireworks. During the Council's discussion on February 23, 2010, the Council determined to allow the Little League, Soccer League, and American Promotion Events, Inc. to sell safe and sane fireworks within the City during the summer season of 2010 and place the question for their sale and use in future years on the November 2010 ballot. In past years, the Redevelopment Agency has permitted the sale of safe and sane fireworks by these organizations from property owned by the Agency at 22377 and 2293 Barton Road, which is the site requested for the 2010 sales. DISCUSSION: Staff proposes a License Agreement to use the property that would not transfer possessory rights to the property. The Agreement is with American Promotional Events, Inc. (TNT Fireworks), acting as the "Licensee" and assuming liability on behalf of the city sports leagues. The primary terms of the Agreement are as follows: 1. The License to use the property becomes effective on June 1, 2010 to allow the Licensee time to clear the property of nuisance vegetation at their cost, before the actual use is established. 2. Safe and sane fireworks may be sold from the property beginning June 28, 2010 through 9:00 pm on July 4, 2010. The License terminates on July 7, 2010, after clean up and any necessary rehabilitation of the property. DRA AGENDA ITEM NO. Z 1 i i 3. The fee for the License is $1.00, and a $1,000.00 clean up deposit is due by May 27, 2010. The deposit will be returned only if the property is cleared, and signed off by the City Manager or her designee. 4. Requirements to comply with all laws and ordinances are included in the Agreement, as is the requirement to comply with criteria of the County Fire Department and the State Fire Marshall. 5. The Licensee has indemnified the Agency, City, and employees and provided proof of insurance naming the appropriate additional insureds. 1 In addition to the License Agreement, staff has received and reviewed applications for the land use and temporary signage and collected appropriate fees. The area designated for parking provides 18-20 parking spaces, and volunteers manage customer parking. The Agreement has been reviewed and approved by Agency Counsel. FISCAL IMPACT: There is no fiscal impact to the Agency other than staff time and review of the Proposed Ordinance by Agency Counsel. All revenues support the Grand Terrace sports leagues. Sales I tax collected by the City is 1% of the sales, and application fees collected total $100.00. Respectfully submitted, I i , J yce owers Community and Economic Development Director Manager Approval: Bets Adams City Manager and CRA Executive Director ATTACHMENT: License Agreement I , I I , r I I f ' I LICENSE AGREEMENT AMERICAN PROMOTIONAL EVENTS, INC. THIS LICENSE AGREEMENT("License') is made and entered into this day of 2010,by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE,a public body,corporate and politic("Agency"),and American Promotional Events,Inc.,a California corporation("Licensee'). RECITALS A. Agency is the owner of real property commonly known as 22377 Barton Road,APN 1167- 311-01,and 22293 Barton Road APN 1167-231-01, Grand Ten-ace,California("Property"). The property is more particularly described in Exhibit"A"hereto. B. Licensee desires to use the Property to sell legal fireworks on the Property beginning on June 29,2010 and ending at 9:00 P.M.on July 4,2010. C. Agency agrees to provide a license to use the Premises from the Commencement Date detailed in Section 2 of this License,to and including July 7, 2010.Agency does not,however,desire to create a leasehold. As such,Licensee acknowledges that Agency requires Licensee to disclaim all possessory rights to the Property as a condition to issuing this License.On July 5,6 and 7, 2010,Licensee shall only have access to the Property to remove all materials from the property and to restore it to a clean condition,subject to the approval of the Agency Executive Director. NOW, THEREFORE,the parties hereto mutually agree as follows: 1. GRANT OF LICENSE:Agency hereby grants to Licensee use of the Premises for the sale of safe and sane fireworks approved by the California State Fire Marshall and for no other purpose. 2. TERM: This License shall be in full force and effect,beginning June 1,2010 (Commencement Date)and shall terminate without notice by either party on July 7,2010. 3. USE OF PROPERTY: Licensee shall be subject to the following terms and conditions: a. Licensee shall not cause any construction,reconstruction,modification,or improvement of the Property other than that approved by the City of Grand Terrace before such work commences. b. The Property shall be kept in a clean and safe condition at all times,and the Licensee hereby assumes all liability arising from any injury or damage to'any person or entity caused by the exercise of the rights herein granted. 1 c. Agency makes no representation,covenant,warranty or promise that the Property is fit for any particular use,including the use for which this License is granted. Licensee is not relying on any such representation,covenant,warranty or promise and accepts the Property in its"as is"condition. d. Access to and use of the Property shall be limited to Licensee, its employees,agents and contractors and invitees. e. Licensee shall clear the property of any nuisance vegetation before establishing the Licensee's use. f. Licensee shall comply with the Grand Terrace Municipal Code and all requirements of the San Bernardino County Fire Department,and the State of California Fire Marshall. 4. CONSIDERATION: a. Licensee shall pay to Agency a fee of$1.00(One Dollar)for use of the property. If Licensee holds over after the termination of this agreement,Section 27 of this License shall govern the parties rights and duties. b. Licensee shall also provide a clean up deposit of$1,000.00(One Thousand Dollars),which shall be due on or before May 27, 2010. The$1,000.00 deposit shall be returned only when the property has been restored to a clean condition and, the release of the deposit has been authorized by the Agency Executive Director or` her designee. The deposit shall be returned within 10 calendar days of the Licensee's restoration of the property. c. The fees shall be paid by check made payable to the"The Redevelopment Agency of the City of Grand Terrace". d. Licensee hereby expressly waives any and all rights to compensation for relocation assistance and benefits pursuant to California Government Code, Section 1260 et s01• 5. NON-DISCRIMINATION: Except as provided in Section 12940 of the California Government Code, during Licensee's performance of this License,Licensee shall not discriminate on the grounds of race,religious creed,color,national origin,ancestry,age physical handicap,medical condition,including the medical condition of Acquired Immune Deficiency Syndrome(AIDS)or any condition related thereto,martial status,sex or sexual orientation in use of the Premises during the term of this License. Further, Licensee agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this License. 6. SUPERVISION: License shall be responsible for supervision and monitoring of all activities on the Property, including control of access to the Property at all times,and monitoring and abatement of any nuisance or hazard that is caused,or may be caused,by Licensee or Licensee's use. 7. FLAMMABLES,WASTE AND NUISANCES: Licensee agrees that it will not place or store,or allow any placement or storage of any hazardous waste or hazardous material within the Property. Licensee will obtain required approvals from the San Bernardino 2 d County Fire Department and State Fire Marshall and comply with all conditions and all laws and ordinances. Licensee will not commit any waste-upon or damage to the Property, nor suffer any to be done. Licensee also specifically agrees that it will not allow others to take such actions within the boundaries of the Property. Licensee further agrees that it will keep the Property clean, free from rubbish and debris,and in a condition satisfactory to Agency. 8. HAZARDOUS SUBSTANCES INDEMNITY: Licensee expressly agrees to and shall indemnify,defend,release and hold the agency, its officers,officials,directors,agents, servants, and employees harmless from and against any liability,loss,fine,penalty,fee, charge, lien,judgment,damage,entry,claim,cause of action,suit,proceeding(whether legal or administrative),remediation,response,removal,or clean-up,and all costs and expenses associated therewith,and all other costs and expenses(including,but not limited to,attorney's fees,expert fees,and court costs)in any way related to the disposal, treatment,transportation,manufacture,or use of any Hazardous Substances on, in,under, or about the Property by Licensee, its officers,directors,agents, or employees.This indemnity,defense and hold harmless obligation shall survive the expiration or termination of this License. 9. HAZARDOUS SUBSTANCES DEFINED:Hazardous Substances shall mean any(a) substance,product,waste or other material of any nature whatsoever which is or becomes listed,regulated,or addressed pursuant,to CERCLA,42 U.S.C.§ 9601,et seq.;The Hazardous Materials Transportation Act,49 U.S.C. § 1801,et seq.; The Resource Conservation and Recovery Act,42 U.S.C. §6901,et seq.("RCRA");the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.;The Clean Water Act,33 U.S.0§ 1251, L� et seq.; The Hazardous Waste Control Act,California Health and Safety Code_("H.&S.C.') § 25100, et,seq.;The Hazardous Substance Account Act,H.&S.C. §25330,.et seq.;the California Safe Drinking Water and Toxic Enforcement Act,H&S.C. § 25249.5,et seq.; Underground Storage of Hazardous Substances H.&S.C. §25280,et.seq.;the Carpenter- Presley-Tanner Hazardous Substance Account Act(H&S.C. §et seq.);The Hazardous Waste Management Act, H.&S.C. §25170.1,et seq.; Hazardous Materials Response Plans and Inventory H.&S.C. § 25001 et seq.;or the Porter-Cologne Water Quality Control Act, Water Code § 13000,et seq.,all as amended,or any other federal,state or local statute, law,ordinance,resolution,code,rule,regulation, order or decree regulating,relating to,or imposing liability or standards of conduct concerning,any hazardous,toxic or dangerous waste,substance or material,as now or at any time hereafter in effect,(b)substance, product,waster or other material of any nature whatsoever which may give rise to ability under any of the above statutes,(c)petroleum,crude oil or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles,and(d)polychlorinated biphenyls(PCB),radon gas, urea-formaldehyde,asbestos and lead. 10. ACKNOWLEDGMENT OF FULL BENEFITS:By execution of this License,Licensee,on behalf of itself and it heirs,executors,administrators,successors and assigns, hereby expressly and unconditionally waives any and all claims for damages, improvements, relocation assistance benefits, severance damages, interest, loss of goodwill,claims for 3 5 inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits,other than as already expressly provided for in this License. 11. WAIVER AND RELEASE: Licensee hereby acknowledges that it has had the opportunity to speak with or have been advised by an attorney and is familiar with the provisions of California Civil Code section 1542. 12. UTILITIES: The Agency shall be under no obligation to provide any utility service of any, kind to the Property during the tern of this License. If Licensee determines utilities are required for Licensee's use of the Property,Licensee shall arrange and pay directly for all utilities and services supplied to the Property,including but not limited to water,electricity, telephone and natural gas,together with any taxes thereon. 13.TAXES: Without admitting any such liability,Licensee recognizes and understands that this License may create tax liability for Licensee under state and federal tax laws. All taxes and assessments which become due and payable with respect to the Property and any improvements thereon,shall be the sole responsibility of Licensee,and any such payments shall not reduce any payment due Agency hereunder. If Licensee shall,in good faith,desire to contest the validity,the imposition,or the amount of any tax or assessment or any other governmental charge herein agreed to be paid by Licensee,Licensee shall permitted to do so; provided, however,the Licensee shall not permit or allow any lien to be placed or assessed upon the Property or any improvements thereon 14.AGENCY'S RIGHT TO INSPECT:Agency shall have the right to inspect the Premises and any improvements made thereto at any time to ensure compliance with the terms of this License. Any repairs found necessary as a result of inspections and which are the responsibility of Licensee shall be made a promptly by Licensee,but in no event shall such repairs be initiated by Licensee later than twenty-four(24)hours after receipt of written notification of the need for such repairs. 15. FREE FROM LIENS OR CLAIMS: Licensee shall keep the Property free from any mechanics' or material men's liens or other liens of any kind or nature for any work done, labor performed,or material furnished thereon at the insistence of or on account of Licensee,and Licensee further agrees to indemnify and save harmless Agency from and against any and all claims,liens,demands,costs and expenses of whatsoever nature for any such work done, labor performed, or materials furnished.The Agency at any time may post and keep posted on the Property appropriate notices to protect the Agency against the claims of any such persons, firms or corporation. 16. INSURANCE: Licensee represents and warrants that it shall obtain,and shall thereafter maintain during the term of this License at Licensee's sole expense,such commercial general and automobile liability insurance as required to insure Licensee against damages for personal injury, including accidental death,as well as from claims for Property damage 4 E which may arise from or which may concern operations by anyone directly or indirectly employed by,connected with,or acting for or on behalf of Licensee. a. All liability insurance shall be issued by insurance companies authorized to transact liability insurance business in the State of California,with a liability rating of A or higher,and a financial rating of at least VII. b. Licensee's commercial general liability policy shall cover both bodily injury (including death)and Premises damage(including but not limited to premises- operations liability,products-completed operations liability, independent contractor liability,personal injury liability, and contractual liability),in an amount not less than 51,000,000 per occurrence,$2,000,000 aggregate. c. Licensee's automobile liability policy shall cover both bodily injury and Premises damage in an amount not less than S 1,000,000 per occurrence,unless otherwise approved by the City's Risk Manager and the City Attorney,or their designees. d. These minimum amounts of coverage shall not constitute any limitation or cap on Licensee's indemnification obligations under Section 17 hereof. e. Insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this License,for both commercial general and auto liability,shall-be filed with Agency and shall include Agency,their officers, agents and employees as additional insured's.Said policies shall be in the usual form of commercial general liability insurance,but shall include the following: "It is agreed that the City of Grand Terrace and the Community Redevelopment Agency of the City of Grand Terrace,and its officers, employees and agents,are added as additional insureds under this policy." f. The policies shall not be canceled during the term of the agreement. g. Agency, its agents and employees make no representation that the limits of the insurance specified to be carried by Licensee pursuant to this License are adequate to protect Licensee. If Licensee believes that any required insurance coverage is inadequate,Licensee will obtain such additional insurance coverage as Licensee deems adequate,at Licensee's sole expense. 17. INTERFERENCE WITH USE: Licensee's use of the Property that exercise of the rights herein granted shall not in any manner whatsoever interfere with the Agency's operations. Agency shall at all times have access to the Property.The rights herein granted are not exclusive rights an in no way limit the Agency's use of the Property for purposes no inconsistent with the uses granted herein. 18. INDEMNIFICATION: Except as to the sole negligence or willful misconduct of Agency, Licensee shall protect,defend, indemnify,and hold Agency and its officers, agents, employees and volunteers completely harmless from and against any and all liabilities, losses,suits,claims,judgments, fines or demands arising by reason of injury to or death of any person or damage to any Property, including all reasonable costs for investigation and defense thereof(including but not limited to attorneys' fees, court costs,and expert fees), 5 of any nature whatsoever arising out of or incident to this License and/or the use or occupancy of the Property or the acts or omissions of Licensee's officers, agents, employees,contractors,subcontractors,licensees,invitees or guests,regardless of where the injury,death or damage may occur,unless such injury,death or damage is caused by the negligence or willful misconduct of Agency and/or its officers,employees or agents. The indemnification provision shall apply to any acts of omissions,willful misconduct or negligent conduct,whether active or passive,on the part of Licensee or any of Licensee's officers,agents,employees,contractors, subcontractors, licensees,invitees or guests. Agency shall use counsel reasonably acceptable to Agency in carrying out its obligations hereunder. 19. ASSIGNMENTS: This License is personal to Licensee, and Licensee shall not assign or transfer this License or any privilege thereunder, in whole or in part,and any attempt so to, do shall be void and shall confer no right on any third party. 20.NON-POSSESSORY INTEREST:No permanent or possessory interest shall accrue to Licensee in the licensed Property by reason of this License or by exercise of the permission given and Licensee agrees to claim no such interest. 21.GOVERNING LAW AND JURISDICTION: Licensee agrees that in the exercise of its rights under this License, Licensee shall comply with all applicable federal,state,county and local laws,and regulations in connection with its use of the licensed Property. The existence,validity,construction,operation and effect of this License and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Any; action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this License shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California,and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 22. ENTIRE AGREEMENT: This License embodies the entire agreement between the parties hereto in relation to the subject matter hereof,and no other agreement or understanding, verbal or otherwise,relative to this subject matter exists between the parties at the time of execution of this License.This License may only be modified or amended by the mutual consent of the parties in writing. 23.NOTICES: Service of any notices,bills, invoices or other documents required or permitted under this License shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: Licensee American Promotional Events,Inc. Community Redevelopment Agency 555 N.Gilbert Street City of Grand Terrace Fullerton, CA 92833 22795 Barton Road Attention: Rick Poe Grand Terrace, CA 92313 Attn: Agency Secretary 6 f 24. SEVERABILITY: Each provision,term,condition,covenant,and/or restriction, in whole and in part, in this License shall be considered severable. In the event any provision,term, condition, covenant, and/or restriction, in whole and/or in part, in this License is declared' invalid, unconstitutional,or void for any reason,such provision or part thereof shall be severed from this License and shall not affect any other provision,term,condition, covenant,and/or restriction,of this License and the remainder of the License shall continue in full force and effect. 25.AUTHORITY:The individuals executing this License and he instruments referenced herein each represent and warrant that they have the legal power,right and actual authority to bind their respective parties to the terms and conditions hereof and thereof. 26. ATTORNEY FEES:The prevailing party in any action or proceeding to enforce any provision of this agreement or otherwise resolve any dispute arising from this agreement will be awarded reasonable attorney fees and costs incurred in that action or proceeding. IN WITNESS WHEREOF the parties hereto have caused this License to be duly executed on the date and year first written above. REDEVELOPMENT AGENCY OF AMERICAN PROMOTIONAL THE CITY OF GRAND TERRACE EVENTS, INC. By: By. Executive Director ice P ident, 9244 3. POW o ATTEST: By: By: Agency Secretary APPROVED AS TO FORM: By: Agency Counsel 7 a BLUE RIBBON WEEK Week of May 9., 2010 WHEREAS, the community's peace officers have long sustained a tradition of w' . performing their work to the highest quality possible in order to provide a better life environmentfor others, and WHEREAS,in an effort to preserve the continued commitment of allpeace officers and law enforcement agencies,the members of"Support Our Law Enforcement"committee have designated the week of May 9, 2010 as "BLUE RIBBON WEEK"-and WHEREAS, "BL UE RIBBON WEEK"is intended to be a show of confidence for-all peace officers and law enforcement agencies from the general public and to provide a tremendous morale booster for all the dedicated men and women wearing a badge for the protection of our community, and WHEREAS,each citizen displaying a blue ribbon during the week of May 9,2010, will demonstrate support for every police agency now serving the Cities and County of San Bernardino; NOW, THEREFORE, the City Council of the City of Grand Terrace, does hereby proclaim the week of May 9, 2010, as "BLUERIBBON WEEK"in recognition and support of all peace officers and law enforcement agencies. This 13'hday of April, 2010. Mayor Ferri Mayor Pro Tem Garcia Council Member Cortes Council Member Stanckiewitz COUNCIL AGENDA ITEM NO. 2-b vchlist Voucher List Page: 1 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65063 3/22/2010 001907 COSTCO#478 0478 110179 107 C.CARE SUPPLIES 10-440-220-000-000 143.41 Total: 143.41 65064 3/22/2010 010290 KAISER PERMANENTE Apr APRIL HEALTH INS-L.GARCIA 10-110-142-000-000 368.06 10-110-120-000-000 25000 10-110-273-000-000 5394 Total. 672.00 65065 3/22/2010 001206 ARROWHEAD CREDIT UNION Feb-Mar FEB-MARCH VISA CHARGES 10-110-220-000-000 Council Workshop/Meeting 58.20 10-120-210-000-000 Toner Cartridge 144.20 10-440-210-000-000 C Care Office Supplies 59.28 10-440-219-000-000 C.Care Kitchen Equipment 17438 10-440-223-000-000 C Care School Age Supplies 8073 10-440-228-000-000 C.Care Preschool Supplies 48.80 10-808-248-000-000 Replenish EOC Food Rations 331.17 23-200-14-00 Misc.C.Care Supplies 237.75 Total: 1,134.51 65066 3/25/2010 010998 AETNA AARP PLANS 4710331004 HEALTH INS.-B. CORTES 10-110-120-000-000 100.85 10-110-142-000-000 440.15 Total: 541.00 65067 3/29/2010 005702 PUBLIC EMPLOYEES'RETIREMENT PRend 3-19-10 Contributions for PRend 3-19-10 10-022-62-00 18,604.10 Total: 18,604.10 65068 4/1/2010 010099 QUIEL BROS.SIGNS 32289 MESSAGE BOARD SIGN-CONSTRUCTION/INSTALL 32-600-309-000-000 59,265 00 Total: 59,265.00 65069 4/1/2010 010258 GMAC PAYMENT PROCESSING CENTER Apr 024-9103-159 Apr Tahoe Payment 34-800-272-000-000 559.21 Page. 1 COUNCIL AGENDA ITEM NO. Ja vchlist Voucher List Page: 2 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65069 4/1/2010 010258 GMAC PAYMENT PROCESSING CENTER (Continued) Total: 559.21 65070 4/5/2010 001907 COSTCO#478 047808 02225107 C.CARE SUPPLIES 10-440-220-000-000 88.22 Total: 88.22 65071 4/5/2010 010996 CA PUB EMPLOYEES'RET SYSTEM H2O10041493000 APRIL EMPLOYEE/DEPENDENT HEALTH INS 34-400-142-000-000 478.45 10-022-61-00 6,701 61 32-370-142-000-000 40487 10-380-142-000-000 368.06 10-440-142-000-000 2,313.36 10-450-142-000-000 552.09 21-572-142-000-000 441 67 32-200-142-000-000 478.48 10-190-265-000-000 7042 10-120-142-000-000 71771 10-125-142-000-000 552.10 10-140-142-000-000 552.10 10-172-142-000-000 184.04 10-175-142-000-000 147.22 10-180-142-000-000 1,159.39 10-370-142-000-000 62570 Total: 15,747.27 65072 4/5/2010 001907 COSTCO#478 0478 05 0132 64 C CARE SUPPLIES 10-440-220-000-000 169.05 Total: 169.05 65073 4/13/2010 001024 ACCENT PRINT&DESIGN 254391 NEWSLETTERS - 10-805-222-000-000 90.51 Total: 90.51 65074 4/13/2010 001072 ADT SECURITY SERVICES 20995342 C CARE 4TH QTR ALARM SERVICE 10-440-247-000-000 37500 Total: 375.00 65075 4/13/2010 001213 AT&T Mar 909824-7013.Mar/April C.Care DSL Page. 2 vchlist Voucher List Page: 3 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code. bofa Voucher Date Vendor Invoice Description/Account Amount 65075 4/13/2010 001213 AT&T (Continued) 10-440-235-000-000 7968 Total: 79.68 65076 4/13/2010 010293 AVAYA, INC 2729824958 PHONE&VOICEMAIL MAINTENANCE 10-190-246-000-000 183.46 Total: 183.46 65077 4/13/2010 011116 CA DEPT OF INDUSTRIAL RELATION G027617SB Elevator Inspection 10-180-246-000-000 10500 Total: 105.00 65078 4/13/2010 001713 CA. DEPT.OF TRANSPORTATION 187736 Feb. I-2.15 Ramps Energy&Maint 16-510-238-000-000 17906 Total: 179.06 65079 4/13/2010 011114 CATALINA TERRACE APARTMENTS REQ 03-08-10 CODE ENFORCEMENT FINE REFUND 10-500-05 50.00 Total: 50.00 65080 4/13/2010 010297 CHINO ICE 34362 C Care Snow Day 4/15/10 23-200-14-00 1,604.06 Total: 1,604.06 65081 4/13/2010 011031 CINTAS CORPORATION#150 150105879 C CARE SUPPLIES 10-440-228-000-000 19781 150114947 C.CARE SUPPLIES 10-440-228-000-000 19781 150846809 C CARE SUPPLIES 10-440-228-000-000 139.08 Total: 534.70 65082 4/13/2010 010403 CITY OF REDLANDS AR126485 Fuel for Maint and Code Enf Vehicles 10-180-272-000-000 28.51 34-800-272-000-000 25.45 Total: 53.96 65083 4/13/2010 010866 CIVIC PLUS 78552 WEBSITE MAINT FEE Page. 3 vchlist Voucher List Page: 4 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65083 4/13/2010 010866 CIVIC PLUS (Continued) 10-125-250-000-000 615.00 Total: 615.00 65084 4/13/2010 010972 CONSOLIDATED REPROGRAPHICS 116266 WEBSITE MONTHLY MAINT 10-175-246-000-000 10.82 116704 PURCHASES 32-600-310-000-000 7482 Total: 85.64 65085 4/13/2010 010711 DANKA FINANCIAL SERVICES 71709760 May Toshiba Copier Lease E-Studio 310 10-172-246-000-000 63.83 10-175-246-000-000 31 91 34-400-246-000-000 6383 Total: 159.57 65086 4/13/2010 001942 DATA TICKET INC 30951 Feb Parking Cite Processing Services 10-140-255-000-000 10000 Total. 100.00 65087 4/13/2010 002165 DRUG ALTERNATIVE PROGRAM 7788 FEB WEEDING/LANDSCAPING ROLLINS 10-450-245-000-000 1,00000 Total: 1,000.00 65088 4/13/2010 002301 FEDEX 7-020-22188 Document Delivery Service 10-370-210-000-000 32.22 Total: 32.22 65089 4/13/2010 002740 FRUIT GROWERS SUPPLY 90482374 MAINT SUPPLIES ROUND UP 10-450-245-000-000 204.75 90482730 MAINT SUPPLIES 10-450-245-000-000 1561 90490036 MAINT SUPPLIES 10-450-245-000-000 25955 Total: 479.91 65090 4/13/2010 011012 G&G ENVIRONMENTAL COMPLIANCE GTSSMP-0310 SEWER MGT-LINE MAINT CONSULTING 21-573-255-000-000 1,280.00 Page. 4 vchlist Voucher List Page: 5 04106/2010 11:36:05AM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 65090 4/13/2010 011012 G&G ENVIRONMENTAL COMPLIANCE (Continued) Total: 1,280.00 65091 4/13/2010 002901 G.T AREA CHAMBER OF COMMERCE 5958-AD CITY CONTRIBUTION TO JOINT NEWSLETTER 10-125-213-000-000 870.00 5964-LUNCH February Lunches 10-120-270-000-000 8.00 10-172-270-000-000 800 10-140-270-000-000 8.00 10-370-270-000-000 8.00 5967-LUNCH March Lunches 10-370-270-000-000 800 Total: 910.00 65092 4/13/2010 010164 GREAT-WEST 032710 EMPLOYEE DEF COMP P/R DEDUCTIONS 10-022-63-00 5,97059 10-022-64-00 1,460.14 Total: 7,430.73 65093 4/13/2010 010632 HIGH TECH SECURITY SYSTEMS 90805 MAINT AGREEMENT 10-180-246-000-000 20.00 10-450-246-000-000 6000 Total: 80.00 65094 4/13/2010 003213 HONEYWELL ACS SERVICE 3478150 ANNUEL HVAC MAINT SRVS 10-180-257-000-000 5,735.25 Total: 5,735.25 65095 4/13/2010 011115 HRCS 032910 FIR CONSULTING SERVICES 10-190-220-000-000 620.00 Total: 620.00 65096 4/13/2010 010773 KELLAR SWEEPING INC 5095 FEB STREE SWEEPING 16-900-254-000-000 4,200.00 Total: 4,200.00 65097 4/13/2010 010449 KONICA MINOLTA BUS. SOLUTIONS 214250736 4th Qtr Copier Maint Page: 5 vchlist Voucher List Page: 6 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65097 4/13/2010 010449 KONICA MINOLTA BUS. SOLUTIONS (Continued) 10-172-246-000-000 2500 10-175-246-000-000 2500 34-400-246-000-000 2500 Total• 75.00 65098 4/13/2010 004320 LAWNMOWER CENTER 4857 MAINT SUPPLIES 10-450-246-000-000 77.27 4858 PRESSURE WASHER PARTS 10-450-246-000-000 1439 Total: 91.66 65099 4/13/2010 010546 MPOWER COMMUNICATIONS Apr 387767 APRIL PHONE LINES/USAGE 10-440-235-000-000 304.52 10-805-235-000-000 70.03 10-450-238-000-000 66.26 Apr 387798 April Phone Lines/Usage 10-380-235-000-000 20000 10-190-235-000-000 1,016.51 10-808-235-000-000 67.63 Total. 1,724.95 65100 4/13/2010 005400 OFFICE DEPOT 512177946001 SUPPLIES 10-120-210-000-000 22.67 512848042001 Office Supplies 10-120-210-000-000 14.19 Total: 36.86 65101 4/13/2010 011099 ORANGE COUNTY STRIPING SVC 0042903 STREET SIGNS 10-180-245-000-000 37300 Total: 373.00 65102 4/13/2010 010851 PARADIGM PRESSURE WASHING 013110 JAN GRAFFITI REMOVAL 10-180-255-000-000 50000 022810 FEB GRAFFITI REMOVAL 10-180-255-000-000 500.00 Page. 6 i vchlist Voucher List Page: 7 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code. bofa Voucher Date Vendor Invoice Description/Account Amount 65102 4/13/2010 010851 PARADIGM PRESSURE WASHING (Continued) Total: 1,000.00 65103 4/13/2010 005586 PETTY CASH 033110 CHILD CARE PETTY CASH REIMB 10-440-221-000-000 2019 10-440-223-000-000 1500 10-440-228-000-000 8304 Total: 118.23 65104 4/13/2010 005688 PROTECTION ONE 3020955 ALARM MONITORING 10-180-247-000-000 9900 31891344 3/30/10-6/29/10 MONITORING 10-180-247-000-000 121.28 4th 2588440 ALARM MONITORING 10-172-246-000-000 3045 10-175-246-000-000 3045 34-400-246-000-000 30.45 Total: 311.63 65105 4/13/2010 006310 ROADRUNNER SELF STORAGE INC. 11011 STORAGE SERVICES 10-140-241-000-000 119.00 Total: 119.00 65106 4/13/2010 010249 ROGERS,ANDERSON,MALODY ET AL 28777 FY 2008-09 AUDIT SERVICES 10-140-250-000-000 3,07700 33-300-250-000-000 921.00 34-400-255-000-000 802.00 Total: 4,800.00 65107 4/13/2010 006430 SAN BERNARDINO ASSOC GOV'T GA DUES 10-09 GENERAL MEMBERSHIP DUES 2009-10 10-190-265-000-000 56605 Total: 566.05 65108 4/13/2010 006720 SO.CA.EDISON COMPANY March,2010 March Energy Usage Page: 7 vchlist Voucher List Page: 8 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65108 4/13/2010 006720 SO.CA.EDISON COMPANY (Continued) 10-190-238-000-000 2,317.56 10-172-238-000-000 43.51 10-175-238-000-000 34.81 34-400-238-000-000 95.73 10-805-238-000-000 731.03 15-500-601-000-000 22.62 10-440-238-000-000 955.42 10-450-238-000-000 1,099.09 16-510-238-000-000 504.84 Total: 5,804.61 65109 4/13/2010 006898 SYSCO FOOD SERVICES OF L.A. 003171049 FOOD FOR CHILD CARE 10-440-220-000-000 398.97 003240780 FOOD&SUPPLIES 10-440-220-000-000 426.87 0033012741 FOOD&SUPPLIES 10-440-220-000-000 343.81 Total: 1,169.65 65110 4/13/2010 011110 TIME WARNER CABLE 844840050015381:SR CENTER INTERNET SERVICE MODEM 3817 10-805-238-000-000 117.82 Total: 117.82 65111 4/13/2010 007034 TRANSPORTATION ENGINEERING 1014 REVIEW ON 11695 CANAL 34-500-727-000-000 520.00 Total: 520.00 65112 4/13/2010 007220 UNDERGROUND SERVICE ALERT 220100279 17 DIG ALERT TICKETS FEBRUARY 16-900-220-000-000 2550 Total. 25.50 65113 4/13/2010 001038 VERIZON WIRELESS-LA 0854950718 Feb/Mar Cell Services 34-400-235-000-000 10072 Total. 100.72 65114 4/13/2010 007880 WEST GROUP 820250760 CA CODE UPDATES 10-125-250-000-000 432.29 Page: 8 vchlist Voucher List Page: 9 04/06/2010 11:36:05AM CITY OF GRAND TERRACE Bank code. bofa Voucher Date Vendor Invoice Description/Account Amount 65114 4/13/2010 007880 WEST GROUP (Continued) Total: 432.29 65115 4/13/2010 007854 WESTERN EXTERMINATORS CO 479014 SERVICE 22795 BARTON 10-180-245-000-000 86.50 34-400-246-000-000 38.50 10-805-245-000-000 33.00 Total: 158.00 65116 4/13/2010 007987 XEROX CORPORATION 047104064 CC55 COPIER LEASE 10-190-700-000-000 385.65 10,190-212-000-000 163.58 047104065 CC265 COPIER LEASE 10-190-700-000-000 31900 10-190-212-000-000 281 78 Total• 1,150.01 54 Vouchers for bank code. bofa Bank total: 141,602.50 54 Vouchers in this report Total vouchers: 141,602.50 Page. 9 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director 1 j City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- MARCH 23, 2010 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center,22795 Barton Road, Grand Terrace, California, on March 23, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community& Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Espinoza, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE CITY COUNCIL MEETING The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz. Mayor Ferre announced that Jim Miller was ekperiencing some health issues this past weekend and that after observation and test he was back at home. She stated that she is sure the Miller's would appreciate prayers and cards. ITEMS TO ADD/DELETE -None SPECIAL PRESENTATIONS A. Proclamation- Child Abuse Prevention Month-April 2010 Councilmember Bea Cortes read a Proclamation proclaiming April 2010 as Child Abuse Prevention Month in the City of Grand Terrace and encourage citizens to participate in the events and to join in the efforts to end child abuse and presented it to Crystal Czarniak. Crystal Czarniak, Children's Network, thanked the City of Grand Terrace for the COUNCIL AGENDA ITEM NO. h, Council Minutes 03/23/2010 Page 2 proclamation. B. Chamber of Commerce Business of the Month Darcy McNaboe, announced that the Grand Terrace Woman's Club is the Grand Terrace Buisness of the Month for March 2010. CONSENT CALENDAR CC-2010-23 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0,to approve the following Consent Calendar Items with the removal of 3A., 3E. and 3F.: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 02-16-2010 and 03-09-2010 Minutes 3D. Review of City Investment Policy 3G. Historical&Cultural Activities Committee Meeting Minutes of 02-01-2010 3H. Community Emergency Response Team(C.E.R.T.)Meeting Minutes of 12- 01-2009, 01-05-2010 and 02-02-2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register Dated 03-23-2010 CC-2010-24 MOTION BY COUNCILMEMBER MEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0,to approve Check Register Dated 03- 23-2010. 3E. Resolution- Public Highway Overpass Crossing Agreement CC-2010-25 MOTION BY COUNCILMEMBER MEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0,to adopt a Resolution for the Public Highway Overpass Crossing Agreement. 3F. Resolution - Irrevocable Offer and Acceptance of Dedication at 22195 McClarren Street, Grand Terrace, CA CC-2010-26 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0,to adopt a Resolution for the Irrevocable Offer and Acceptance of Dedication at 22195 McClarren Street, Grand Terrace, CA. PUBLIC COMMENT Council Minutes 03/23/2010 Page 3 Virginia Harford, 11825 Arliss Way, stated that she does not approve of a tattoo and body art parlor in the middle of the City and not 1,000 feet from the Child Care Center. She stated that the Planning Commission approved it. She feels that Grand Terrace does not need another tattoo parlor. Charles Hornsby, 22656 Brentwood Street, a lot of people are wondering if there has been a game plan formulated for paying off the debt. Two weeks ago that debt was recognized but people are Wondering if there is anything in the works as to how it is to be paid off and the time frame and what is going to be sacrificed. He suggested that the City Manager provide her comments on the website. The subject of going into more debt so that we can qualify for more redevelopment money really has to be more seriously discussed. He doesn't believe that the City Council gets it. Redevelopment money is not some isolated pool of money up in the sky that you can qualify for without costing anyone. There is not some pot of gold, it is all State money and County money. It's like wanting a piece of the pie when there is no pie left. There is no pie left in California and he feels that City's should take it upon themselves to not ask for any more. With the State in the financial condition that it is in and County with the similar plate, this is no time to have a grab as much money as possible contest and he feels like that is what it seems like to a lot of people. Debra Hurst,22950 Orangewood Court,stated that she was told that on Saturday,March 20, 2010 there were protesters walking the City and was wondering what that was concerning. City Manager Betsy M.Adams,stated that at the mid-year budget it was discussed that a plan to begin paying back the money that is owed to the Redevelopment Agency by the City will be brought forward with the proposed upcoming fiscal year. She stated that she is unaware of the protest and will have the Sheriff s Department comment during Council Reports. COUNCIL REPORTS Mayor Pro Tem.Garcia,thank all of the residents that spoke this evening. The residents care very deeply about what is going on with the City. She believes the upcoming budget should be presented sometime in May. She gave an update on the transit issues that are going on in town. On March 25, 2010 at 2:00 p.m., R.T.A. has it on their calendar and they are recommending that the Changes happen in September, which would mean the elimination of service to Grand Terrace,however,they are trying to make sure that no change happens. She feels that all of the meetings that they have had with Omnitrans.and RTA have been very positive. She encouraged all those that are interested to attend the meeting. She reported that she attended the Little League Opening Ceremonies with Councilman Stanckiewitz and the City Manager. The Board did a great job. The Little League Board built out of their own funds a t-ball lot. The t-ball lot is going to be named Kyle's field on behalf of Kyle Bacon that passed away 3 years ago. She stated that she spoke to Denis Kidd and that the walk on Blue Mountain was a tremendous success and that there was 500 people there and they are Council Minutes 03/23/2010 Page 4 planning next years event. She reported that May 8`h is Highgrove Days. Mayor Ferre, questioned if Sgt. Espinoza was aware of any protest. Sat. Espinoza, responded that he is unaware of it and will look into it. Councilmember Cortes,reported that she had a meeting with Curtis Lewis,the store manager for Ashley Furniture Home Store in Colton. She told him about the furniture situation at the Senior Center and he has agreed to donate some pieces to the center. Councilmember Stanckiewitz, reported that Edison will be doing some work in the high desert on the north and south bound lanes at Oak Hills Road to Joshua Street on Saturday, March 27, 2010 from 6 a.m. to 10 a.m. and Sunday at the same times. He reported that the Governor signed AB 717 which marked March 30, 2010 as welcome back home Vietnam Veterans day. He personally welcomed back home Vietnam Veterans. He indicated that he is on the fence with RDA. He has had some new information that was provided to him by a resident, which opened his eyes to some things. He feels that he might be getting a clue and feels that there needs to be more discussion and much more public input. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Animal Control and Shelter Services - City of San Bernardino CC-2010-27 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve the Professional Consultant Services Agreement in the amount of$104,184 per year between the City of Grand Terrace and the City of San Bernardino to provide animal services for a three-year period,and authorize the City Manager to execute the Agreement and appropriate$11,113 from General Fund Reserves to the Public Health-Animal Services account for the remainder of Fiscal Year 2009-10. 8B. Consider Options to Fill the Vacancy on City Council CC-2010-28 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0,to maintain a vacancy on the City Council and call a Special Election for November 2, 2010 to fill the vacancy. CLOSED SESSION Council Minutes 03/23/2010 Page 5 9A. Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees 9B. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and GC54956.9 (c)_ Mayor Ferre announced that the Council met in Closed Session to discuss Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees and a Conference with Legal Counsel - Potential Litigation CG 54956:9 (b)(2) and GC54956.9 (c) and that there was no reportable action taken. Mayor Ferre adjourned the meeting at 8:03 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, April 13, 2010 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace �,�;,btu; , ;,{r $ ' AGENDA REPORT CALIFORNIA MEETING DATE: April 13,2010 Council Item(X) CRA Item ( ) TITLE: Agreement for"Maintenance of Traffic Signals and Safety Lighting"located at the main entrance of Grand Terrace High School on.Main Street. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1..Approve attached"Agreement for Maintenance of Traffic Signals and Safety Lighting"located on Main Street at the main entrance to Grand Terrace High School. 2. Direct staff to review and approve future signal maintenance agreements for the intersection of Michigan Street and Main Street. BACKGROUND: With the construction of Grand Terrace High School, new traffic signals will be installed at the main entrance to the school parking lot on Main Street to assist with traffic ingress and egress movements. A traffic signal will also be installed at the intersection of Michigan Street and Main Street. Main Street will be reconstructed and widened to accommodate the new signal lights. During the design meetings for Main Street improvements, Colton Joint Unified School District, Riverside County Transportation Department and Grand Terrace Staff agreed that Riverside County would maintain the new traffic signals along Main Street. DISCUSSION: Main Street is the dividing boundary between the City of Grand Terrace and County of Riverside. Portions of the proposed traffic signals will be installed on Riverside County side of Main Street and the remainder will be located in Grand Terrace. The attached Signal Maintenance Agreement is being proposed for the signal at the entrance to the school on Main Street. Staff is requesting permission to approve future signal maintenance agreement on the signal at Michigan Street and Main Street. The signal maintenance agreement has not been completed because the signal is still in the design stages. Riverside County will provide routine maintenance work on the new traffic signals. Riverside County will provide inspection of the signal system and clean the control cabinet every six COUNCIL AGENDA ITEM NO."�1_ i t i i l r ' weeks, re-lamp and clean signal heads as needed and will al provide emergency call-out so service on the traffic signal within three hours of notification by representatives or by the City. i The attached agreement requires the City of Grand Terrace to pay Riverside County Transportation Department a percentage for electricity usage and maintenance. The percentage is determined by the location of the proposed signals. Once the signals are installed, 67% of the signals will be located in Grand Terrace and 33% in Riverside County. Quarterly invoicing will be sent to the City itemizing all costs and services. Attached are four (4) agreements for maintenance requiring approval by City Council .and a signature by the Mayor and Staff. After signatures, the documents will be returned to Riverside County Transportation Department for County Council approval and submission to the County i Board of Supervisor's. i FISCAL IMPACT: k ! No fiscal impact will be seen for year 2009/2010. The cost of maintenance for fiscal year 2010/2011 will be minimal if any depending on the start-up date for the signal and the high school opening date. It is anticipated that the school will open in late 2011. Staff is assuming that there may be one quarter of maintenance costs for fiscal year 2010/2011 in the amount of $700.00 in fund 16-510-238. j Respectfully submitted, i Ri hard Shields,Building and Safety/Public Works Director i Manager Approval: r�. i Betsy A. AdaIns City Manager ATTACHMENTS: Four Copies of(Agreement for Maintenance of Traffic; Signals and Safety Lighting). One letter from Riverside County Transportation Department i I i 1 I JJ i i OJ�14 yr ruV"siO LU yT r;, O"and LAND0P Transportation Department Juan C. Perez E'�Jzo"' March 24, 2010 j It I V ED MAR 2 5 2010 Richard Shields Director of Building and Safety/Public Works DEPT OF BUILDING SAFETY City of Grand Terrace 22795 Barton Road, Suite B Grand Terrace, CA 92313 RE: Agreement for Maintenance of Traffic Signals and Safety Lighting Dear Mr. Shields: Transmitted are four copies of the referenced agreement prepared in final form. The agreement has been revised per your request and approved, as to form, by our County Counsel. The documents are now ready for execution by your City. Please review the agreement and have your City Council formally approve the documents. All four copies are to be signed and returned to the Transportation Department for final approval by County Counsel and submission to our County Board of Supervisors. Please return the signed documents to me at the following address: County of Riverside Transportation Department Engineering Field Office 2950 Washington Street Riverside, CA 92504 Upon Board approval we will return to your City one fully executed agreement. If you have any questions please contact me at (951) 955-6804. Sincerely, Jack Cummings Technical Engineering Unit Supervisor enclosures (4) cc: Juan Perez, Director of Transportation Paul Russell, Highway Operations Superintendent '_950 Washington Street • Riverside, California 92504 1 AGREEMENT FOR 2 MAINTENANCE OF TRAFFIC SIGNALS 3 AND SAFETY LIGHTING 4 This AGREEMENT is between the City of Grand Terrace(hereinafter referred to as CITY) and the 5 County of Riverside (hereinafter referred to as COUNTY): 6 This AGREEMENT is for maintenance work provided by the County Transportation Department on 7 traffic signal and highway safety lighting installations jointly owned by the CITY and the COUNTY as 8 shown on the attached Appendix A. 9 IT IS AGREED: ' 10 1. COUNTY, through its Transportation and Land Management Agency, Transportation Department shall 11 provide routine maintenance work and emergency call-out service on traffic signals,highway safety 12 lighting, flashing beacons, and other electrically operated traffic control or warning devices at the 13 location(s)described in the attached Appendix A. In providing said maintenance,COUNTY shall do the 14 following: Inspect the signal system and clean the control cabinet every six(6)weeks; re-lamp and clean 15 signal heads, as needed; re-lamp and clean internally illuminated street name signs, as needed; re-lamp 16 safety lights, as needed. 17 2. COUNTY will provide emergency call-out service on traffic signals, highway safety lighting, flashing 18 beacons, and all other electrically operated traffic control or warning devices within three hours of 19 notification by representatives or by the CITY. 2 0 3. CITY shall pay COUNTY that percentage for each location of the total cost for electrical energy, 21 routine maintenance,and emergency service, including all COUNTY cost for wages,benefits, 22 transportation, materials and administrative accounting as stipulated in the attached Appendix A as the '2 3 percentage of the CITY's location ownership.The COUNTY shall be responsible for that percentage of 24 the total of the aforementioned costs for each location as stipulated in the Appendix A as the percentage 2 5 of the COUNTY's location ownership. Agreement Traffic Signals City of Grand Terrace Page 1 1 4. Records for the work provided under this Agreement shall be kept by COUNTY and shall include the cost of services performed. Billing shall be made quarterly and shall include an annual itemized 3 accounting of all cost and services. 4 5. CITY shall submit in writing any dispute in COUNTY billing within thirty(30)working days after the 5 receipt of such billing. Otherwise, CITY shall pay for services within thirty(30)days after receipt of 6 billing from COUNTY. 7 6. This Agreement shall become effective thirty(30)days from the date this Agreement is approved by 8 Minute Order by COUNTY Board of Supervisors. COUNTY will provide City notice of the official 9- Board action no later than two(2)weeks before the effective date. This agreement shall remain in force 10 until terminated by either party UPON thirty(30)days written notice to the other party. 11 7. If the COUNTY is of the opinion that any work COUNTY has been directed to perform is beyond the 12 scope of this Agreement and constitutes Extra Work, COUNTY shall promptly notify the CITY of that 13 opinion. COUNTY shall be the sole judge as to whether or not such work is in fact beyond the scope of 4 this Agreement and constitutes Extra Work. However, for the purposes of COUNTY proceeding to 15 perform the same, this is not intended to deny CITY its civil legal remedies in the event of a dispute. In 16 the event that CITY agrees that such work does indeed constituted Extra Work and.authorizes COUNTY 17 to perform the Extra Work, it shall provide extra compensation to COUNTY upon fair and equitable basis 18 in accordance with COUNTY'S standard rate as described in the attached Exhibit B. 19 8. Upon and subject to further agreement of the parties acknowledged in writing by COUNTY'S Director 20 of Transportation, and CITY'S Director of Public Works, facilities of like nature may be added hereto or 21 deleted here from without further review by either the Board of Supervisors of County or City Council of 22 CITY. 23 9. CITY shall indemnify, defend, save and hold harmless COUNTY, its officers,agents, servants and 24 employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of 25 action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, Agreement Traffic Signals City of Grand Terrace Page 2 S personal injury or damage to property, the expenses of the defense of said parities and the payment of 2 attorneys' fees in any such claim or action, arising out of or in any manner connected with activities of 3 CITY or CITY employees. 4 10. COUNTY shall indemnify, defend, save and hold harmless CITY, its officers, agents, servants and 5 employees of and from any and all liability, claims, demands, debts,damages, suits, actions and causes of 6 action of whatsoever kind,nature or sort, including, but not by way of limitation, wrongful death, 7 personal injury or damage to property, the expenses of the defense of said parties and the payment of 8 attorneys' fees in any such claim or action, arising out of or in any manner connected with activities of 9 COUNTY or COUNTY employees. 10 11. This agreement contains the entire Agreement of the parties with respect to the subject matter hereof, 11 and supersedes all prior negotiations, understandings or agreements pertaining to the locations stipulated 12 in the attached Appendix. This Agreement may only be modified in writing, signed by each party. 13 14 15 16 17 18 19 20 G1 22 23 G4 =5 Agreement Traffic Signals City of Grand Terrace Page 3 i County of Riverside City of Grand Terrace 3 Transportation and Land Management Agency 22795 Barton Road Transportation Department Grand Terrace, CA 92303 4 P.O. Box 1090 Riverside, CA 92502 Attention: 5 Attention: Juan C. Perez 6 Director of Transportation 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on , 20 8 Dated: Dated: 9 COUNTY OF RIVERSIDE CITY OF Grand Terrace 10 By: 11 Chairman, Board of Supervisors Mayor 12 Attest: Kecia Harper-Them Attest: Clerk of the Board 13 By: By. 4 Deputy Clerk of the Board City Clerk 15 16 Approved as to Form: Approved as to Form: 17 By: i Y��'e_� .5 2 cl /U By: e she L.Victor 18 County Counsel City Attorney 19 20 Recommended for Approval: Approved as to Content: 21 By: By: 22 Juan C. Perez 23 Director of Transportation City Manager 24 RJH 02-2010 l5 Agreement Traffic Signals City of Grand Terrace Page 7 APPENDIX "A" MAD,TENANCE AGREEMENT FOR TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATIONS THAT ARE JOINTLY-OWNED BY THE CITY OF GRAND TERRACE AND THE COUNTY OF RIVERSIDE SG1554 MAIN ST & GRAND TERRACE H.S. GRAND TERRACE 67% COUNTY 33% EXHIBIT B COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT TRAFFIC SIGNAL MAINTENANCE RATE SCHEDULE DECEMBER 2009 POSITION HOURLY WAGE INCLUDING BENEFITS &OVERHEAD Traffic Signal Supervisor $38.15 $94.20 �3enior Traffic Signal Tech $36.44 $89.98 Traffic Signal Tech $33.82 $83.51 EQUIPMENT HOURLY RATE Signal Aerial truck(AT) $51.04 Signal maintenance Pickup (D) $34.63 Pick-up 3/4 ton(C) $34.61 Heavy Truck (H) $40.48 Overtime= 1.5 x Hourly Rate x 10% i� A CALIFORNIA AGENDA REPORT MEETING DATE: April 13,,2010 Council Item(X) CRA Item ( ) TITLE: AT&T Telephone and Data Services Contract PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve Contract and Authorize City Manager to Execute BACKGROUND: City Hall telephone (and most other city buildings) service for local and long distance telephone provider is currently on a month-to-month contract with a third party provider called Telepacific. Telepacific is providing local and long distance telephone service as well as data line service into City Hall. The original city contract was with MPower Communications which was bought out by Telepacific. The City has used MPower.Communications or Telepacific for about the last five years. -' DISCUSSION: Staff has reviewed an offer from AT&T to provide services in place of the City's current provider which would reduced costs, increase voice channels and provide greater bandwidth. AT&T will lower the cost of recurring services if the City signs a three year contract, plus, AT&T will incur the setup cost. The pricing has been approved by the PUC and Staff considers a three year contract to be reasonable. AT&T would provide the same services as Telepacific. It should be noted that the new AT&T Company was purchased by SBC and uses the AT&T name for marketing purposes. AT&T would provide the same services as Telepacific. Phone services at City Hall, Child Care, Senior Center and the data line at City Hall would be switched to AT&T. If approved, the service migration would be done on a Friday when City Hall is closed, in approximately 15-to 25 working days. Highlights of the changes would be as follows: • Change incoming City Hall wiring from the street from copper wire to fiber optic • Increase data line bandwidth from a shared 768kb to 12,000kb • Increase voice bandwidth from a shared 768kb to 1,500kb COUNCIL AGENDA ITEM NO.`j E Increase voice call capacity by increasing voice channels from 12 to 24 channels • Decrease in recurring monthly fees • Routing of calls in case of a disaster Internet speed should increase and will not get bogged down due to too many users on at the same time. AT&T contracts are attached for Business Local Service and ISDN/DSL lines along with a pricing comparison. FISCAL IMPACT: Estimated reduction in cost of approximately $4,900 per year. Respectfully submitted, Aal� Bernie Simon Finance Director k' Manager Approval: ae/l /> -v Betsy . Adams City Manager ATTACHMENTS: AT&T Contract Pricing comparison %MOO# AT&T ILEC Business Local Calling at&t Pricing Schedule/Confirmation of Service Order ❑ Pricing Schedule to AT&T Agreement Reference No. " ® Confirmation of Service Order If neither box above is checked then this document is a standalone Confirmation of Service Order. This document may be used as_a Pricing Schedule only if attached to an Agreement referred to internally at AT&T as a LIA MSA,LIA MA or LIA SSTC. Customer "Customer" AT&T "AT&T" City Of Grand Terrace For purposes of this Pricing Schedule/Confirmation of Service 22795 Barton Road Order,AT&T means the Service Provider(s)specifically Grand Terrace CA 92313 USA identified herein. Customer Contact(for notices) AT&T Sales Contact Information and for Contract Notices 0 Primary Sales Contact Name: Account Rep Name: Rob Hernandez Title: Finance Department Title:AE Telephone: 9094302213 Fax:9097832600 Telephone: 2137436943 Fax: 7073995379 Email: E-mail: plunsford@cityofgrandterrace.org rh3756@att.com Address for notices,if different from above: Street Address: 1150 S. Olive St.#1801 Street Address City City: Los Angeles,State:CA Zip Code:90015 State Zip Code Wiith.a copy to: USA AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 Attn: Master Agreement Support Team E-mail: mast0att.com AT&T Authorized Agent or Representative Information if applicable)❑ Primary Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code Customer agrees to purchase AT&T Business Local Calling ("Service") in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule/Confirmation of Service Order and the applicable Tariff(s)or Guidebook(s). If this document serves.as a Confirmation of Service Order(as indicated above), the Confirmation of Service Order is subject to: (a) the terms of,the applicable Tariff, if the Service is offered pursuant to Tariff; or(b) the AT&T Business Service Agreement (BSA), if the Service is not offered pursuant to Tariff. Tariffs, Guidebooks and the BSA can be found at www.ad.com/servicer)ublicatio6s. Service is provided by the AT&T Incumbent Local Exchange .Carrier (ILEC) Affiliate(s) identified below as the Service Provider(s). Throughout the remainder of this document, this document shall be referred to as the"Pricing Schedule". Customer(by its authorized representative) AT&T.(by its authorized representative) B : B : Printed or Typed Printed or Typed Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information West Business Local Calling 1-19_CSO/PS Page 1 of 5 07/17/09 ES8321 3 AT&T ILEC Business Local Calling at&t Pricing Schedule/Confirmation of Service Order ,I I 1. SERVICE AND SERVICE PROVIDER Service AT&T Business Local Calling Service Provider(Check all that apply.) Service Publication Location for Service Description ® Pacific Bell Telephone Company d/b/a AT&T California AT&T California Guidebook, Part 4,Section 5 or AT&T California Out of Territory Guidebook, Part 4, Section 5,as applicable ❑ Nevada Bell Telephone Company d/b/a AT&T Nevada AT&T Nevada Guidebook, Part 4, Section 5 2. PRICING SCHEDULE TERM Pricing Schedule Tern(Term"or ❑ 12 Months "Minimum Payment Period") ❑ 24 Months ® 36 Months Pricing Schedule Tern Start Date ® New-when the Service is installed and available for use and Effective Date of ❑ Conversion-on the next calendar day immediately following Rates, Discounts and Billing completion of the relevant orders through the AT&T billing system ❑ Renewal-on the next calendar day immediately following completion of the relevant orders through the AT&T billing system 3. RATES AND INITIAL ORDER 3.1 Guidebook and Tariff Rates (a) The rates in this Pricing Schedule are the applicable Tariff or Guidebook rates currently in effect and are stabilized until the end of the Pricing Schedule Term. The rates in this Pricing Schedule are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale,use or provision of the Services. (b) At the end of the Pricing Schedule Term, Service will automatically be provided to Customer under the terms and conditions of the applicable Tariff, Guidebook and BSA on a month-to-month basis at the then current Monthly Extension Tariff or Guidebook rates unless and until the Customer enters a then available term agreement for the Service or until AT&T or Customer cancels the Service on 30-day prior written notice. 3.2 Non-recurring Charge(NRC) Customer will receive the following waivers of normally applicable NRCs pursuant to this Pricing Schedule: (i) NRCs associated with the establishment of all local exchange access lines that are subscribed to pursuant to this Pricing j Schedule during the Pricing Schedule Term; (ii) NRCs associated with changing to/from hunting service during the Pricing Schedule Term; and, (iii) NRCs associated with vertical features ordered at the time of the initial order under this Pricing Schedule. Other NRCs may apply as per applicable state Tariff or Guidebook. AT&T and Customer Confidential Information ' J 07/17/09 ESI 321 West Business Local Calling 1-19_CSO/PS Page 2 of 5 ' e AT&T ILEC Business Local Calling °�✓ at&t Pricing Schedule/Confirmation of Service Order 3.3 Monthly Charges Optional Packages Prices Per Line, Prices Per Line, Prices Per Line, Per Month— Per Month- Per Month— 12 Month Pricing 24 Months Pricing 36 Months Pricing Schedule Term Schedule Term Schedule Term i Unlimited A $35.00 $34.00 $33.00 Unlimited B1 $30.00 $29.00 $28.00 Measured $24.00 $23.00 $22.00 1—Must have at least two working telephone numbers 3.3 Initial Order Quantity of CA: 18 CA Out of Territory: NV: Working Total: Telephone Numbers(WTNs) for initial'order (maximum of 19) Billing Telephone Numbers(BTNs)to be included under this Pricing Schedule must be designated on Attachment A to this Pricing Schedule or may be j attached separately. Although the initial order is limited to a maximum of 19 WTNs,additional WTNs may be added during the Pricing Schedule Term. 4. TERMINATION LIABILITY 4.1 If Customer cancels this Pricing Schedule prior to the Pricing Schedule Term Start Date, Customer will reimburse AT&T for time and materials incurred prior to the effective date of cancellation, plus any third-party charges resulting from the cancellation. 4.2 Conversion. Early termination liability charges described in Section 4.3 below will not apply if during the Pricing Schedule Term: (1)Customer converts to another AT&T access line and local usage agreement under a contract term that is equal to or greater than the time remaining•under the Pricing Schedule Term; or (2) Customer converts to an upgraded technology with AT&T (e.g. network-access lines to PBX Trunks, Centrex, or ISDN PRI) under a contract term that is equal to or greater than the time remaining under the Pricing Schedule Term (it is at AT&T's sole determination whether a product change satisfies the requirements for waiver of the termination liability under this clause); or (3) Customer chooses to terminate their agreement and to negotiate a new Business Local Calling agreement with a term period greater than the time remaining on the Pricing Schedule Term. The new service agreement will be based on applicable term rates at the time of establishing the new agreement. 43 Early Termination Liability. Except as provided in Section 4.2, in the event Customer terminates this Pricing Schedule prior to the Pricing Schedule Term expiration, Customer is no longer entitled to any benefits of the Business Local Calling Plan. Early termination charges shall be billed in a lump sum equal to $15.00 times the number of months remaining on the term commitment times the number of lines initially subscribed to in the initial order under this Pricing Schedule. These charges shall become due and immediately payable upon termination. AT&T and Customer Confidential Information West Business Local Calling 1-19_CSO/PS Page 3 of 5 07/17/09 ES8321 S i AT&T ILEC Business Local Calling at8ct Pricing Schedule I Confirmation of Service Order Attachment A Billing Telephone Number(BTN)List 1 Complete information below,or attach a separate attachment which includes all of the information below for each BTN. i State Billing Telephone Number State Billing Telephone Number (Area Code—Prefix—Line#) (Area Code—Prefix—Line#) NPA-NXX-XXX NPA-NXX-XXX California 9092542546 [Select One] tCalifornia 9093700761 [Select One] ct One] [Select One] ct One] [Select One] [Seect One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] f IS Orie] [Select One] [Select One] [Select One] 1 [ [Select One] Select One] [Select One] [Select One] — [ [Select One] Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One]" [Select One] [Select OneJ [Select One] [Select One] [Select One],_ [Select One] [Select One] [Select One] [Select One] [Select One] (Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] t One]l[Select[Select One] [ , AT&T and Customer Confidential Information 07/17/09 ES8321 West Business Local Calling 1-19_CSO/PS Page 4 of 5 ' i l AT&T ILEC Business Local Calling at8tt Pricing Schedule/Confirmation of Service Order [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One]- [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] [Select One] For additional Telephone Numbers,attach on a separate page. AT&T and Customer Confidential Information West Business Local Calling 1-19_CSO/PS Page 5 of 5 07/17/09 ES8321 7 ALI'FORVIA AGENDA REPORT MEETING DATE: April 13,2010 Council Item (X) CRA Item ( ) TITLE: Acceptance of Dedication at 12569 Michigan Street, Grand Terrace,CA PRESENTED BY: Richard Shields,Director of Building and Safety/Public Works. RECOMMENDATION: Accept the dedication for public right-of-way at 12569 Michigan Street,Grand Terrace,CA,APN, 1167-271-11 and direct the City Clerk to record the Grant Deed with the San Bernardino County Recorder's Office. BACKGROUND: The City of Grand Terrace Community Redevelopment Agency dedicates to the City of Grand Terrace right-of-way to be used for future curb, gutter, sidewalk and street widening improvements as shown on Exhibit"A"and`B"of attached Grant Deed. DISCUSSION: Offers of dedication are presented to City Council for approval prior to permits being issued for work in the right-of-way. After the dedication is approved by the City Council, the Mayor will sign the Grant Deed that will be forwarded to San Bernardino County Recorder's office for recording. The San Bernardino County Recorder will than provide the City with a certified copy of the Grant Deed for our records. FISCAL IMPACT: The cost to create the documents by the City Engineer was $570.00. This cost was budgeted in 10-175-255 for fiscal year 09/10. The cost for the title report was $395.00 paid out of account 20-200-708. By dedicating the right-of-way at this time when the property is held by Community Redevelopment Agency, the City will not need to pay any new owners who purchase this land in the future for the use of right-of-way. COUNCIL AGENDA ITEM NO. 1 Respectfully submitted, r. Ric d Shields,Director of Building and Safety/Public Works Manager Approval: -Betsy dams, City Manager ATTACHMENTS: Grand Deed Exhibits `A" and"B" WHEN RECORDED MAIL TO: City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 SPACE ABOVE THIS LINE FOR RECORDERS USE APN: 1167-271-11 (No Recording fee,per See.6103) ' GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Community Redevelopment Agency of the City of Grand Terrace, does hereby GRANT to the City of Grand Terrace,a Municipal Corporation for Public Streets and Public Utility Purposes the real property in the City of Grand Terrace County of San Bernardino, State of California, described as follows: Said real property is hereby described on Exhibit"A"on Sheet 3,attached hereto,and shown on Exhibit"B" on Sheet 4, attached hereto and by this reference made a part hereof. Signature of Grantor Executive Director-of Community Date Redevelopment Agency DATED: CITY OF GRAND TERRACE *ATTEST: By Brenda Mesa, City Clerk Mayor, City of Grand Terrace City of Grand Terrace State of California ) County of San Bernardino )ss. City of Grand Terrace ) On ,before me,Brenda Mesa,a Notary Public in and for said State,personally appeared ,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and-that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of th State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal 3 Redevelopment Agency of the City of Grand Terrace,CA ALL-PURPOSE ACKNOWLEDGMENT (Add additional sheets as required) State of California County of San Bernardino On before me, DATE NAME,TITLE OF OFFICER Personally appeared NAME OF SIGNER [ ]personally known to me —OR- [ ] proved to me on the basis of satisfactory evidence to be the , person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me {that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s.) on the instrument the person(s), or the entity upon behalf of which the persons(s), acted, executed the instrument. Witness my hand and official seal. Signature of Notary CITY OF GRAND TERRACE ACCEPTANCE CERTIFICATE This is to certify that the interest in real property conveyed by the Grant Deed dated ,the City of Grand Terrace,a Municipal Corporation grants to the Redevelopment Agency of the City of Grand Terrace,and it is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the City Council adopted by the City Council of the City of Grand Terrace and the grantee consents to the recordation thereof by its duly authorized officer. i By: Q H,MIT F James H. Mitsch, .C.E. 18593 �� `4C►� ity Engineer,City of Grand Terrace, CA 18` 3 '0 OF 640,ti �c I * COW City Index No. Sheet 2 of 4 .I p�% EXHIBIT "A" Legal Description Portion A.P.N. 1167- 271- 11 THE WEST 11 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5 , TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNADINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNADINO, STATE OF CALIFORRIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS , PAGE 44, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 387 . 5 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 . 5 FEET; THENCE AT RIGHT ANGLES EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36 , 280 FEET; THENCE AT A RIGHT ANGLE NORTH AND PARALLEL WITH THE WEST -LINE OF SAID LOT 36, 77. 5 FEET; THENCE AT RIGHT ANGLE WEST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET; TO THE POINT OF BEGINNING. The Easement contains 852.5 Square Feet, more or less See Exhibit`B"attached hereto and by this reference made a part hereof Prepared under my supervision: O� Z LZO10 JA S H. MI CH IRCE 1.8593 Date oFessro 49� H'MST � i4t+,y City Index No. tier* Sheet 3 of 4 W.630— �OF S EXHIBIT " B " ROAD EASEMENT APN : 1167- 271 - 06 OWNER : CITY OF GRAND TERRACE GRAND TERRACE, CA 92313 1" = 60' MICHIGAN STREET u 77.50' u u SOUTH 77 50' 387.50' SOUTH 77 50' TRUE POINT OF BEGINNING ROAD EASEMENT G NORTHWEST CORNER OF LOT 35 D SECTION 5.TOWNSHIP 2 SOUTH,73 Z RANGE 4 WEST, SAN BERNARDINO Q BASE AND MERIDIAN. MB 6 CD N � C Do o m �pGES3ip z � r CA cml_ i 77 50' IRECEIVED Historical & Cultural Activities Committee ;A () �, 20110 March 1, 2010 .CITY OF GRAND TERRACE CLERK'S OF-PARTMENT The'meeting was called to order at 7:05 p.m. by Chairperson Pauline Grant. hose present were Pauline Grant,Masako Gifford, Peggy Reagan, Shelly Rosenkild, Ann Petta, Gloria Ybarra, Frances Carter and City Clerk Brenda Mesa. Secretary's Report: The minutes for February 1,2010-were read and approved on a motion by Shelly, seconded by Ann. All in favor. Motion carried. - Treasurer's Report: The budget shows a balance of$ 936.16. The Petty Cash balance is $ 128.21. Historical Report: Ann reported that photos of the buildings removed in the city should be ready within a week. These photos will be added to the historical collection. Old Business: As was previously discussed,Ann and Shelly will arrange Frank Tetley's 4-H Club hat in the glass display case. New Business: 26t'Annual Art Show,May 2, 2010 Shelly advised that the applications have been sent to the city; the posters will be updated for the next meeting; the cable ad is in progress and that she sent in an additional article to the local newspapers advertising the Show. After review, Pauline added that no additional changes need to be added to this year's Show. Ann noted that the Friend's of the Library Book Sale will be determined at a later date. Gloria handed the invitation sample to Brenda for printing. Invitations will be sent to the city mayor, city councihnembers, city manager and planning commission one month prior to the Show. The meeting was adjourned at 7:25 p.m. The next committee meeting is scheduled for April 5,2010. J ectful ittAed, / Gloria Yb Secretary COUNCIL AGENDA ITEM NO.:�:)�� ih Y� i.�LIfOR\I.� AGENDA REPORT MEETING DATE: April 13, 2010 Council Item( X ) CRA Item ( ) TITLE: Swertfeger Equipment—Modification or Revocation of Conditional Use Permit 99-01, 99-01A2 and 99-01A3, located at 1243'8 Michigan Street. PRESENTED BY: Joyce Powers, Community&Economic Development Director RECOMMENDATION: Approve the attached Resolution 10-_modifying CUP 99-01, 99-01AI, 99-01A2, 99-01A3, and SA 03-12. BACKGROUND: ' On January 18, 2001, CUP 99-01 was approved to allow truck repair and to operate the facilities for self-unloading trailer manufacturing, repair and sales at 12438 Michigan Street. The Conditions of Approval included landscaping screening, a trash enclosure, right-of--way ~� improvements, and parking area improvements. Multiple extensions were filed with the City to complete the conditions and a new building. As of February 4, 2010 after repeated discussions and reviews by the Planning Commission, the outstanding conditions had been completed, but the 12,000 square foot building (SA 99-06) remained uncompleted. The building permit, issued October 30, 2006, had never been finaled because the fire sprinkler system and building's roll-up doors were not installed. The Planning Commission held a public hearing to review the Conditional Use 'Permit for modification or revocation on March 4, 2010. The determination to modify the Conditional Use Permit is to include previous conditions and add clarifying conditions. Conditions proposed to be added or modified include: 1. That all conditions and requirements of the original approval by the Planning Commis- sion on January 18, 2001 for Conditional Use Permit No. 99-01 (inclusive), SA-99-05, E-99-01, and SA 03-12 shall remain in full force and effect except as modified herein. 2. All required landscaping shall be maintained in good condition and replaced if no longer viable. The required vines along the fence line are to fill in and provide screening from adjacent properties by March 4, 2013. 3. The 12,000 square foot building shall be completed and the building permit finaled by June 4, 2010. 4. Noise from operations shall not be heard from adjacent properties before 7:00 am or after 7:00 pm, Monday through Saturday. No work shall be done on the property on Sundays. COUNCIL AGEN®14 ITEW NO. Lp>I 1 I 5. The approved site plan includes 69, eight feet wide vehicle spaces. All vehicles shall be parked within these designated areas in accordance with the site plan, and the path of travel depicted on the approved site plan shall be kept clear. 1 6. The applicant shall identify the locations of all fire lanes as per the Fire Lane Marking i I Standard. This may be done on the architectural plans or by a separate submittal. All fire lane locations are subject to approval by the Fire Department and may require modification. The fire lanes shall be installed by the applicant and approved by the Fire Department by June 30, 2010. 7. No commercial vehicles associated with this business activity shall be parked on the public street. r 8. The Community and Economic Development Director shall review the status of the CUP and current on-site conditions annually, in March, beginning in 2011. 9. Any noncompliance with the Conditions of Approval shall be cause to commence a public hearing to revoke the Conditional Use Permit. Condition six was added as a direct result of the Planning Commission public hearing held on March 4, 2010. I On March 4, 2010, Planning Commission approved resolution 10-03 modifying CUP 99-01, 99= OIAI, 99-01A2, 99-01A3, and SA03-12, and moved to forward the recommendation to the City! i Council for final determination. DISCUSSION: Staff has continued working with the property owner's representative to complete the 12,000 square foot building. To date the building's fire sprinklers and roll-up doors have been installed. San Bernardino County Fire Department must do a final inspection of the system prior to the i building being finaled.• All outstanding issues are estimated to be complete and ready for final 4 inspection by April 20, 2010. i FISCAL IMPACT: There will be no fiscal impact other than staff time. Respectfully submitted, , Joyce Powers Community and Economic Development Director i Manager Approval: l��' � =r_ ':�"'•,_-� Betsy A Adams City Manager i r,f'11 .G 21 i I ATTACHMENTS: A. Planning Commission Resolution 01-03 B. Planning Commission Resolution 03-02 C. Planning Commission Resolution 10-03 D. City Council Resolution 10-_ l 3 Attachment A Resolution No. 01-03 41. RESOLUTION NO. 01- o3 RESOLUTION OF THE PLANNING COMMISSION OF THE CONDITIONS OF APPROVAL AL TERRACE, STATE OF CALIF _lig_ OF CONDITIONAL USE �REVIEW N0.�9� AS�REQUEs REVIEW�. 9"4 AND ENVIRONMENTAL CONDITIONAL USE PERMIT NO. 9941A1 WHEREAS,the appiles ,Lee and Gall Lee Swe~of Swerd1sgers EqulpmenL have applied for the modilleetion of the oonditim of approval of Conditional Use Permit Case No.9041,Site and Architectural Review No.99-06 and Review Case No. 90-08 to complete various improvements required by the original approval including those of Phase 1 for an additional period of time to February 28, 2002.; and WHEREAS.a properly noticed public hearing was hold by the Planning Commission on August 16, 2001; and WHEREAS,the findings that were made by the Planning Commission regarding the original approval on January 18, 2001 still apply; and WHEREAS, under the Califomla Environmental Quality Act (CEQA), Article 11, section 15184,this approval qualifies as an addendum to the original Negative Declaration in that the modMcallons to this project do not effect the status of the Negative Declaration for the original modproject iAsd will have ae signific�rrt impact on the envi that there Is no s�me�nt stib��lies�and .� at ft pr'ojed, 8s , NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE. STATE OF CALIFORNIX AS FOLLOWS: 1. That all conditions and requirenxnts of the original approval by the Planning Commission on January 18, 2001 for Conditional Use permit No. ".01, SA-99-03 and E-99-01 sMU remain in ha force and effect except as modified herein. 2. That three copies of a landscaping plan showing all edsting and proposed landscaping as required by the original approval, together with proposed irrigstioa feeilitiM shall be submitted to and approved by the Director of Community and Economic Development. 3. That the required street dedication forthe A*m widening ofllf wWpn Suva shall be offered to the City es required in the memo andtmd Bkom the Director of BuddbWUfety and public Worb dated duly 20, 1999. 4. That the grading plans for this project shaU be submitted to the City for review and approval. Caading of the site must be completed prior to any paving of the site. S. That the Business plan required by the Hazardous Materials Division of the County Fire' Department be updated as soon as possible. 1 5 1 6. The following Implementation Table and Deadlines shall be complied with: ACTION DEADLINE A. Three copies of a landscaping plan and irrigation plan Said landscaping/urigatian shall be submitted to the City for review and Vpr+ovaL pled to be submitted within (Please see Condition No.2 above) 60 days of this approval or by October 16,2001. B. That the street dedication for widening Mkhigan Stred Said offer of dedication shall shall be ofcmd to the City. (Please see Condition No.3. be made within 60 days of above.) this approval at by October 16,2001. C. Three copies of a grading plan together with soils report Said grading plan to be shag be submitted to the City for review and approval. submitted within 60 days of (Please see Condition No.4 above). this approval or by October 16,2001. D.The"Business Plan"required by the Has-met Division be The updated"Business Plan" updated as soon as possible.(Please see Condition NO-S. shall be submitted to the ve)abo County Fire Deparbuent by October 16,2001 E. That the three existing lots within the subject site shag be Said combining or holding of . combined of held as one.(Please see Condition No. 13 of the the three pa cols into one original approval.) shag be completed by February 23,2002. F. Install the Phase I paved access drive and parking area Said Phase I paving of the with landscaping as soon as possible but no later than the access drive and parking to be indicated deadline,(Please see Condition No. 14 of the completed by February 23, originalapproval.) 2002. O. Complete the installation of'A of the proposed Said landscaping and V landmwing along Michigan together with the 3'wrought iron wrought iron fence to be fence as soon as possible but no later than the indicated iastatled by Februaryy 23, deadline,(Please see Condition No. 16 of the original 2002. approval.) H. Instal!access drive,curb cuts and driveway apron, Said improvements to be pavemen,curk gutter and sidewalk along Michigan.(Please completed and installed by see Condition No. 15 of the original approval.) January 13,2003. 2 1. ComplM the installation of the second %of the proposed Said second A of the laadw*ng along Michigan.(See Condition No. 16 of the lanamping along Mchigan r original approve). to be completed whenever street imp owea n are installed or by Jamrny l S, 2003 whichever is earner. J. Final engineered plans for street improvements such as Said find engineered plans to curb,guts,sidewalk a street lights to be approved by the be approved by Febnrary 2S, City.(Sec Condition No. is of the original approval.) 2002 or earlier if the property to the north of the site instalb �-- 1 Sod mPe+ovementa . K. hall l�inghcreening and irrigation along the Said ins nordw4 watcrn and southern property lines.(See Condition and irrigation to be insbUed No.21 of the original approval.) during Phase 2 or within two yew by January 18.2003 Whi bww is earlier. L. Install street light along Michigan.(please see Condition Said street ligbt to be No.22 of the original approval). installed during Phase 3 or within three yeah by January 189 2004 whichever is earlier. K AD conditions for Phase 1 need to be completed �conditi compto sffo Phase I C= anuaiy 18,2003 or before the construction of Phase 2 whichever occurs earlier. PASSED AND ADOPTED by the Planning Commiaaion of the City of Grand Terrace, Canfornia, at a repular mee"held on the 1 tbh day of Aupwt, 2001. AVF.S:chair Van Gelder, Vice Chair alson, Candseioner Tndncw Cbnd eadaner A!d tley NOES'Nooe ABSENT: 0m desioner AddLMton ABSTAIN: Naps ATTEST: APPROVED AS TO FORM: AL '11d'it 8ntnda StsrtttiM. AFrwj-V6kM-n Cry Clerk Chairperson,Flaming Cornmission e;uAyfi�AJoM�' �lO1Mr+�sahAioe 3 Attachment B Resolution No. 03-02 RESOLUTION NO. 03-02 RESOLUTION OF THE PLANNING COMMISSION OF E E CITY CONDITIONS GRAND APPROVAL � VAL RACC STATE OF CALIFORNIA MODIFYING TH OF CONDITIONAL USE P �E������ �REQUESTED UNDER gg.pd AND ENVIRONMENTAL CONDITIONAL USE PERMIT NO. 94-01A23 _ WHEREAS, the applicant, T for ha tcher �ti�on���c�nditieo s of approval of on behalf of Swertfegers Equipment, applied_ R Conditional al Permk Case Review Case No. 99.08 to complabs various imp ements required by the eview No. 99-08 anid Environmental original approval including those of Phase 1, 2 and 3 for an additional period of time; and WHEREAS,a properly noticed public hearing was held by the Planning Commission on February 20, 2003; and WHEREAS,the findings that were made by the Planning Commission regarding the original approval on January 18, 2001 still apply, and WHEREAS, under the California Environmental Quality Act (CEQA), Article 11, Section 15184,this approval qualifies as an addendum to the original Negative Declaration in that the modifications to this project do not affect the status of the Negative Declaration for the original project in that the finding that there is no substantial evidence that the project, as modified, will have a significant impact on the environment stjll applies; and NOW THEREFORE, BE r RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACb, STATE OF CALIFORNIA, AS FOLLOWS: 1. That all conditions and requirement of the original approval by the Planning Commission on January 18, 2001 for Conditional Use Permit No. 99-01, SA-99-05 and E-"-01 shall remain in full force and effect except as modified herein. 2. Grading of the site must be completed prior to any paving of the site. 3. That the Business Plan required by the Hazardous Materials Division of the County Fire Department be updated and kept current as required by that agency. 4. The following Implementation Table and Deadlines shall be complied with: 1 A ACTION DLrADLINE [A. Iosvll Phase I pew access drive and poRlong ara Said 1'ha�s I paving of the with oral the Ph �soon as possible but no later than the &sees drive and pig to be ����, (please see Condition No. 14 of the osaopleto:d by Janna:y IS, .�gal.) 2004 lets the installation of the proposed landscaping,as said land y Ian to be 13.s hownmP ed landscap�na P1a0. �1Icbipo °d ]anuary 1 a,2oa. on the approv possible but no Isla than the indicated deadline. (pica"see Condition No. 16 of the ocillind WFVVsl.) do curb cuts and drivewaY apron, Said' to be pC.s gutter and sidewalk a m&Mich'.(ple m completed and installed by par January 18,2004. sex Condition No. 15 of the original approval.) the Said cop D. Install landscapm scremiag i/meening and iraip altion ms the Condition and hdpdon to be installed northeM wedan and southern propoaty lines.(See by January 18,2004. No. 21 of the original approval.) E. Install street light along Michigan. (please see Condition Said strset light to be No. 22 of the original approval)• installed by January 18,2004. uirements of the original approval including Said for the F. All other req entire project shall be those for phase 1.2 and 3 must be complete& completed by January l S. 2004. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 2W day of February, 2003. AYES: Chair Wilson, Fi chair Addington. Com dstoboner Whitley, Landasia®er cmui ssioner BLdwy NOES: None ABSENT: none ABSTAIN: bone ATTEST. APPROVED AS TO FORM: Bromda StanflN. Doug Wilson City Clerk Chairperson, p1wining Commission �Wy�lssU �w oMwmuompM1A1fuNud" 2 �n3 I _ I I � I RESOLUTION NO. 10-03 i RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, TERRACE, STATE OF CALIFORNIA MODIFYING THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 99-01, SITE AND ARCHITECTURAL REVIEW NO. 03-12 1 WHEREAS, the applicant, Thatcher Engineering &Associates, Inc., on behalf of r Swertfeger's Equipment, have applied for the modification of the conditions of approval of Conditional Use Permit Case No. 99-01, Site and Architectural Review No. 99-06, Environmental Review Case No. 99-06, and Site and Architectural Review 03-12 to complete various improvements required by the original approval including those of Phase 1, 2 and 3 for an additional period of time; and WHEREAS, a properly noticed public hearing was held by the Planning Commission on March 4, 2010; and WHEREAS, the findings that were made by the Planning Commission regarding the original approval on January 18, 2001 and February 20, 2003 still apply; and i WHEREAS, under the California Environmental Quality Act (CEQA), Article 11, Section 15164, this approval qualifies as an addendum to the original Negative Declaration in that the modifications to this project do not affect the status of the { Negative Declaration for the original project in that the finding that there is no substantial evidence that the project, as modified, will have a significant impact on the environment still applies; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF; THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AS FOLLOWS: 1. That all conditions and requirements of the original approval by the Planning Commission on January 18, 2001 for Conditional Use Permit No. 99-01 (inclusive), SA-99-05, E-99-01, and SA 03-12 shall remain in full force and effect except as modified herein. 2. All required landscaping shall be maintained in good condition and replaced if nod longer viable. The required vines along the fence line are to fill in and provide screening from adjacent properties by March 4, 2013. 3. The 12,000 square foot building shall be completed and the building permit finaled by June 30, 2010. I i 12 4. Noise from operations, including truck idling, ingress, and egress, shall not be heard from adjacent properties before 7:00 am or after 7:00 pm, Monday through Saturday. No work shall be done on the property on Sundays. 5. The approved site plan includes 69, eight feet wide vehicle spaces. All vehicles will be parked within these designated areas in accordance with the site plan. 6. The applicant shall identify the locations of all fire lanes as per the Fire Lane Marking Standard. This may be done on the architectural plans or by a separate submittal. All fire lane locations are subject to approval by the Fire Department and may require modification. The fire lanes shall be installed by the applicant and approved by the Fire Department by June 30, 2010. 7. No commercial vehicles associated with this business activity shall be parked on the public street. 8. The Community and Economic Development Director shall review the status of the CUP and current on-site conditions annually, in March, beginning in 2011. 9. Any noncompliance with the Conditions of Approval shall be cause to commence a public hearing to revoke the Conditional Use Permit. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 4st day of March, 2010. AYES: 5- NOES: o ABSENT: None ABSTAIN: None ATTEST: APPROVE AS TO FORM: Brenda Mesa Doug Wilson City Clerk Chairperson, Planning Commission 13 Attachment D Resolution No. 10- 14 RESOLUTION NO. 10- RESOLUTION OF THE CITY COUNCIL-OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA MODIFYING THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 99-01,SITE AND ARCHITECTURAL REVIEW NO. 03-12 WHEREAS, the applicant,,Thatcher Engineering & Associates, Inc., on behalf of Swertfeger's Equipment, have applied for the modification of the conditions of approval of Conditional Use Permit Case No. 99-01, Site and Architectural Review No:99-06, Environmental Review Case No. 99-06, and Site and Architectural Review 03-12 to complete various improvements required by the original approval including those of Phase 1, 2 and 3 for an additional period of time; and WHEREAS, a properly noticed public hearing was held by the City Council on April 13, 2010;.and, WHEREAS, the findings that were made by the Planning Commission regarding the original approval on January 18, 2001 and February 20, 2003 still apply; and WHEREAS, the Planning Commission held a public hearing on March 4, 2010, and voted 5-0 to approve the findings and forward the recommendation to City Council for final_determination; and WHEREAS, under the California Environmental Quality Act (CEQA), Article 11, Section 15164, this approval qualifies as an addendum to the original Negative Declaration in that the modifications to this project do not affect the status of the Negative Declaration for the original project in that the finding that there is no substantial evidence that the project, as modified, will have a significant impact on the environment still applies; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AS FOLLOWS: 1. That all conditions and requirements of the original approval by the Planning Commission on January 18, 2001 for Conditional Use Permit No. 99-01 (inclusive), SA-99-05, E-99-01, and SA 03-12 shall remain in full force and effect except as modified herein. 2. All required landscaping shall be maintained in good condition and replaced if no longer viable. The required vines along the fence line are to fill in and provide screening from adjacent properties by March 4, 2013. 3. The 12,000 square foot building shall be completed and the building permit finaled by June 30, 2010. i 15 4. Noise from operations, including truck idling, ingress, and egress, shall not be heard from adjacent properties before 7:00 am or after 7:00 pm, Monday through Saturday. No work shall be done on the property on Sundays. 5. The approved site plan includes 69, eight feet'wide vehicle spaces. All vehicles will be parked within these designated areas in accordance with the site plan. 6. The applicant shall identify the locations of all fire lanes as per the Fire Lane Marking Standard. This may be done on the architectural plans or by a separate, submittal. All fire lane locations are subject to approval by the Fire Department and may require modification. The fire lanes shall be installed by the applicant and approved by the Fire Department by June 30, 2010. 7. No commercial vehicles associated with this business activity shall be parked on the public street. 8. The Community and Economic Development Director shall review the status of the CUP and current on-site conditions annually, in March, beginning in 2011. 9. Any noncompliance with the Conditions of Approval shall be cause to commence a public hearing to revoke the Conditional Use Permit. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 131h day of April, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: Brenda Mesa Maryetta Ferre City Clerk Mayor, City of Grand Terrace 1C� iALI'PORNIA AGENDA REPORT MEETING DATE: April 13, 2010 Council Item ( X ) CRA Item ( ) TITLE: Ordinance Establishing a No Fireworks Safety Zone PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Adopt an Ordinance amending Chapter 8.112 of the Grand Terrace Municipal Code establishing a No Fireworks Safety Zone. BACKGROUND: The City Council has received numerous comments and reviewed pertinent issues regarding the sale and discharge of safe and sane fireworks throughout the City. Most recently, .on February 23, 2010, the Council directed staff to prepare a City Safety Zone Map depicting the area within which the discharge of safe and sane fireworks would be prohibited. The Council further directed staff to prepare ballot text for the November 2010 election, to allow residents to vote on whether or not the sale and discharge of all fireworks shall be prohibited,throughout the entire city. DISCUSSION: Staff has drafted the attached 2010 Ordinance (Attachment 1) to establish the No Fireworks Safety Zone. The base map used is the "Very High Fire Hazard Severity Zone" included in the 2010 General Plan Update (Attachment 2), which was provided by the California Department of Forestry and Fire Protection (CALFIRE). The Very High Fire Hazard Severity Zone boundaries established by CALFIRE meander somewhat through neighborhoods based on distance criteria and do not show a clear delineation to assist enforcement personnel. Therefore, staff recommends establishing the boundaries of the No Fireworks Safety Zone along existing streets to facilitate application and enforcement of the Safety Zone. As shown on the map included in the proposed Ordinance (Attachment 1), if adopted, the discharge of fireworks would not be permitted: 1. West of La Cadena Drive 2. East of Oriole Avenue 3. East of Whistler Street 4. East of Dos Rios Avenue 5. East of Preston Street 6. North of Brentwood COUNCIL.AGENDA ITEM NO. 11 1 The proposed No Fireworks Safety Zone has been review and approved by Battalion Chief Salvate of San Bernardino County Fire. FISCAL IMPACT: Costs associated with enforcement of the Safety Zone would be absorbed by the operating budget for law enforcement services. Fire services are provided by San Bernardino County. Respectfully submitted, Joyce Powers Community and Economic Development Director Manager Approval: Betsy) . Adarhs City Manager ATTACHMENT: 1. Proposed Ordinance establishing a No Fireworks Safety Zone 2. CALFIRE "Very High Fire Hazard Severity Zone" map 4.. M ;'h I fi ti 0 3 ATTACHMENT NO. 1 Proposed Ordinance �J 3 l i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8.112 OF THE GRAND TERRACE MUNICIPAL CODE ESTABLISHING A NO FIREWORKS SAFETY ZONE WHEREAS, the California Department of Forestry and Fire Protection has established a Very High Fire Hazard Severity Zone, which includes property within the City of Grand Terrace; and WHEREAS, the City Council of the City of Grand Terrace desires to establish a safety zone within which no fireworks would be discharged; and WHEREAS, the-City Council of the City of Grand Terrace has used the Department of Forestry and Fire Protection's zone map as a basis to consider the boundaries for a No Fireworks Safety Zone within the City; and THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES i HEREBY ORDAIN AS FOLLOWS: Section 1. Existing Chapter 8.112 of the Grand Terrace Municipal Code is hereby amended to establish a No Fireworks Safety Zone: 8.112.150 Establishment of a No Fireworks Safety Zone. It shall be unlawful for any person to discharge fireworks of any type within the No Fireworks Safety Zone established in Exhibit"A" attached. Section 2. Effective Date. This Ordinance shall be in full force and effect at 12:01 a.m., on the 315L day following its adoption. Section 3. 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 purposes by the City Council. Section 4. First read at the regular meeting of the City Council of the City of Grand Terrace held on the day of April, 2010 and finally adopted and ordered posted at a regular meeting of said City Council on the day of April, 2010. Mayor of the City of Grand Terrace Attest: City Clerk of the City of Grand Terrace 4 I, BRENDA MESA, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of'the City Council on the day of April, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa, City Clerk Approved as to form: John Harper, City Attorney 5 "No Fireworks Safety Zone Map" within Grand Terrace City Limits City Boundary -.or, A ��� ��--_ ,� ,ors `•%;;�' ,r / '//1// / i '/�r.':':'%.' , — — — — ij`% �y ��'%! •� ;, ,�,` •BRENTWOODST-- X //����- / �= j ;i i f %• ' No Fireworks safety zone , i...��f'-• _1 '� � 1}��1 X/fir/:�.`% r//'r/ '�-;r ' / MA Tr 01 ,I,l.<,;%sf �/ 1 � ;. _-. - - _ •''(l: //f '/j��/fir//// //,.//r i�/; ✓' �/ • West of La Cadena Dr.• North of Brentwood St. !'!, — �� % • East of Preston St. !/ • East of Dos Rios Ave. • East of Whistler St. ;`. m ''f>' i; • East of Oriole Ave. 4. •---------------------- --1-------------------- ATTACHMENT NO. 2 CALFIRE Very High Fire Hazard Severity Zone Map 0 / /�II /�Jfj�P�I►��I rr�L'�'• �, � .% � r ISM'�f'�/ /7�' pnw �:■aask A mio.mi.4 �.■ �gg • WN / ■ -' 1�ti' a iS1�_ was r it /lO1�1111i����G!�:1 ►� 1 'er +nxw .■ .tad �, i 7=,■��- z � .x annunn u.nu. a,l,l � //� -;-11— n: _.�n�ftRt -u..v..n .. ..x..n �i1�1. •, ZZ�II.— tr mal .uu m 7 xnuu.n,. wp■ua.l �11R, fl; VA amo s-_nuu n_ uwumnutuur n•x� ��(' a,.1 a.■.■'.aN■xu. •9'Sao Islas C" _,S• .%iT �1=/r!n���S tnu. ■11 11:�-■�u—T.,� uu•.• • �i ��'.�i�_-•�'a 111 11= • v.u.,.�au .[ _ uvnn .ax mm�n 11.f •■u.tuuu .fi."} .0 ry n l n I Its=rr - a .a n ■�.im. u�" :\ai't.t e �•��Iw I ,�iii�x �-attuum w nnn'_ �n t nn, n C M"-.mnua ■�� ■x■ �j•/! �� ZZLtti .v..n.■Zw=iZ u.l t 101 w t■ttat� n un\ eu a w t ��" ul-�- uu.+-tumn■i�"x■x■.uau. ■,. ,;, � C � uunnnmw�in JG�a.� t uat.Vitll. tu. t�p■tnntttn.tww�i.:• 1