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11/08/2011 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING — NOVEMBER 8, 2011 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on November 8, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Tracey Martinez, City Clerk Bernie Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director Richard L. Adams II, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: Lt. Steve Dorsey, San Bernardino County Sheriff's Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 7:37 P.M. 1. APPROVAL OF 10-25-2011 MINUTES CRA-2011-54 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER HAYS, CARRIED 4-0-1-0 (AGENCY MEMBER SANDOVAL ABSTAINED), to approve the October 25, 2011 Minutes. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 7:40 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, December 13, 2011 at 7:30 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 CRA AGENDA ITEM NO. k S B HARBER JAMES B HARBER 1880 RIVERVIEW DRIVE 1880 RIVERVIEW DRIVE SAN BERNARDINO, CA 92408 SAN BERNARDINO, CA 92408 1 I-• I-• I-• I- I--t N NJ NJ NJ N v V V V V V v V V V V Q1 Q1 lin lin 1V' D AI O it W NJ F" I--1 1--� VI F" Fm Fil F" cn NO NJ NJ NJ 2 -w cn N W 01 01 In In I- In In A v O r F ' 1-+ F� t-► F-� F� 11 F� I ' F1 N N N F� N N N I" CP W W I" 00 N Fes+ 00 O A A O I" D C V C (gy(pp 73 70 70 70 73 70 73 73 73 70 70 70 73 70 73 70 5 '0 Q. Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E CD -0 W 0 D ToD To ToD D ToD To To To To ToD To -1 0 N CD j D a el fa) I--3 F+ I-4 O N O ? A 00 l0 O p p O 0 O o fD N Owl cow Lnn Ln V W N A W 01 w - A cro N (0 i l not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Approvals Finance Director (if applicable) . S. orr City Attorney A,, City Manager AGENDA REPORT MEETING DATE: November 8, 2011 Council Item ( X ) CRA Item ( ) TITLE: Workshop: Review of Rental Property Program Guidelines PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Review current guidelines for the Nonowner Occupied/ Rental Property Program and discuss possible modifications. BACKGROUND: On October 27, 2005, the City Council approved the Nonowner Occupied/Rental Property Program, which became effective on January 1, 2007. The motion that was approved by the Council stated that there would be exterior inspections only and that the owners shall receive a 50% reduction in their fee if they have received no notices of violation for a period of three years. A similar program had been previously operated in Grand Terrace by the County of San Bernardino, and the County Program was terminated on January 1, 2007. The County's program included only multi-family properties, and the proposal presented by staff was to add single-family homes to the program that are not occupied by the owner. When the Program was proposed to the Council in 2005, the goals and benefits described included: • To clean up substandard rental stock. • To improve the quality of life in neighborhoods. • To increase or maintain home values. • To increase rental demand. • To increase involvement by property managers. • To decrease calls for police and Code Enforcement services. When the City considered its program, there was some opposition communicated to the Council. Generally, a speaker representing an apartment owners' association stated COUNCIL WORKSHOP ITEM NO. 1 AI O it W NJ F" I--1 1--� VI F" Fm Fil F" cn NO NJ NJ NJ 2 -w cn N W 01 01 In In I- In In A v O r F ' 1-+ F� t-► F-� F� 11 F� I ' F1 N N N F� N N N I" CP W W I" 00 N Fes+ 00 O A A O I" D C V C (gy(pp 73 70 70 70 73 70 73 73 73 70 70 70 73 70 73 70 5 '0 Q. Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E CD -0 W 0 D ToD To ToD D ToD To To To To ToD To -1 0 N CD j D a el fa) I--3 F+ I-4 O N O ? A 00 l0 O p p O 0 O o fD N Owl cow Lnn Ln V W N A W 01 w - A cro N (0 i l not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 that the program costs would be passed on to renters and good landlords would be unjustly forced to pay fees. Program fees were established based on a study of staff hours required for certain tasks, and are as follows: Fee per unit Apartments 200+ units $36.00 Apartments 1-199 units $48.00 Single-family home $95.00 Re-inspection $47.00 For a property as large as the Highland Apartments, 556 units, the annual fee is $20,016.000. The annual fee for the Crest Apartments, at 228 units, is $8,208.00. DICUSSION: Over the past two years, staff has received numerous calls about the program, many from property owners requesting program changes. Condominiums owners who only control air space inside their unit object to the fees because they do not maintain the exterior. Other stated points of concern have included the stringent requirements to qualify for the good landlord discount of 50%, and the inclusion of single-family homes that are occupied by family members of the property owner and not considered rentals. Staff's position had been that if the unit is occupied by someone other than the property owner, the property is included the program. In some instances, no incomiitis derived and the owner opposes paying the fee. The current program does not allow an exception for, or define, family members. Condominiums Staff has contacted other agencies in an attempt to provide an industry standard on the inclusion of condominiums, but there is not enough consistency to make a recommendation based primarily on such a factor. Staff recommends a fee exemption for air space ownership condominiums because these units do not fit within the program purposes. If the Council concurs, the owners of 62 units would be exempt, reducing program revenue for the current Fiscal Year by approximately $2,200.00 (30 have qualified for a 50% fee reduction). The effected condominium complexes include Cape Terrace, Lido, and Azure Hills. . Exemption for family member occupancy The primary difficulty in determining whether to exempt family-occupied units is in defining those persons. Staff would instead refer to the definition of "Nonowner occupied/rental property", which is as follows: "A residential dwelling wherein the owner/landlord gives to another the temporary possession and use of property in exchange for consideration and the latter agrees to return the property to the owner/landlord." fD N Owl cow Lnn Ln V W N A W 01 w - A cro N (0 i l not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Allowing a family member to occupy a unit at no cost and/or purchasing the property for a family member to occupy without time limits, would not definitively be considered a nonowner occupied/rental property for program purposes. However, staff recommends requiring confirming documentation. If the family member were paying rent and/or under a rental or lease agreement, the property would fall within the program. Qualifying for discounted fee At this time, approximately 135 of the 467 properties in the program have qualified for the reduced fee after being free of violations for three years. Some program complaints received have been that very minor violations have prevented qualification for the reduced fee, which has been particularly difficult for the very large apartment complexes. Recently, staff has allowed a warning regarding minor items rather than to violate the property for the year. In addition, suggestions have been made that a landlord be exempt from the fees after five years of program compliance, or at least a second reduction be available. Currently, the program guidelines do not offer any additional incentives. Staff recommends that the Council consider a 50% fee for years four and five, then, another 25% reduction as long as no other violations are observed. Administrative recommendations Staff has recommended a few minor administrative changes, which are shown on the redlined document attached. Specifically, references made to certain departments or department director titles have been either removed or modified to the "City Manager or his/her designee". Also, new requirements under the 2011 Carbon Monoxide Poisoning Prevention Act have been added to Section 5.80.080 (M). Staff is also recommending changes to Section 5.08.090, Notification of inspection- inspection procedure, for greater efficiency. As currently written, a letter of intent to inspect the property stating a specific date and time for the inspection must be provided to the property owner 14 days prior to the inspection. To reduce staff time required to track timing and send out the notices, staff proposes to identify the first six months of each calendar year for exterior inspection. Notification of inspections by mail would be required only if there are conditions observed that warrant an interior inspection to ensure occupant health and safety. Staff will also provide inspection checklists to the property owners with the annual renewal notices to assist the property owner in meeting the requirements. In addition, staff is proposing modifications in Sections 5.80.120, 5.80.130, and 5.80.140, only to provide a better flow of information, placing the Report of Inspection before the Reinspection Fee. Summary Staff's goal is to implement any modifications before the annual invoice is sent out to property owners. Any new information would be provided along with this mailing. In addition, staff has represented to some concerned parties that they would be provided an opportunity to address their concerns before the 2012 fee is required. Staff has follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 provided a Press Release regarding the workshop and has contacted individual parties that have previously expressed their concerns with staff. Attachment 1 to the report is the current Municipal Code Section 5.80. Attachment 2 is the redlined Section 5.80 and includes staff recommendations. Staff has not included a redline change for future fee reductions beyond three years pending a more in-depth discussion with the Council. Based upon Council's discussion and direction, any modification will be included in the revision brought back for adoption. Attachment 3 is the inspection checklist used by field staff. Beginning with the 2012 annual fee notice, this form will be included to assist the owner in being better prepared for the inspection. FISCAL IMPACT: There is no fiscal impact other than staff time created by the proposal to modify the program. The estimated program revenue for Fiscal Year 2011-12 of $62,250 is expected to be reached. There may be 2012-13 revenue reductions due to additional owners qualifying for the 50% good landlord reductions and any exemptions for air space condominiums. This information will be provided through the budget process. Respectfully submitted:ice t4;:s, Communityand Economic Development Director p ATTACHMENTS: 1. Current Section 5.80 2. Redline Section 5.80 3. Field inspection form Council Action Approved as Recommended: Denied/Other: Council Motion: rences made to certain departments or department director titles have been either removed or modified to the "City Manager or his/her designee". Also, new requirements under the 2011 Carbon Monoxide Poisoning Prevention Act have been added to Section 5.80.080 (M). Staff is also recommending changes to Section 5.08.090, Notification of inspection- inspection procedure, for greater efficiency. As currently written, a letter of intent to inspect the property stating a specific date and time for the inspection must be provided to the property owner 14 days prior to the inspection. To reduce staff time required to track timing and send out the notices, staff proposes to identify the first six months of each calendar year for exterior inspection. Notification of inspections by mail would be required only if there are conditions observed that warrant an interior inspection to ensure occupant health and safety. Staff will also provide inspection checklists to the property owners with the annual renewal notices to assist the property owner in meeting the requirements. In addition, staff is proposing modifications in Sections 5.80.120, 5.80.130, and 5.80.140, only to provide a better flow of information, placing the Report of Inspection before the Reinspection Fee. Summary Staff's goal is to implement any modifications before the annual invoice is sent out to property owners. Any new information would be provided along with this mailing. In addition, staff has represented to some concerned parties that they would be provided an opportunity to address their concerns before the 2012 fee is required. Staff has follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 ATTACHMENT NO. 1 GTMC 5.80, Rental Property Program , Grand Terrace, CA 92313 OWNER PARTICIPATION RULES FOR PROPERTY OWNERS, OPERATORS OF BUSINESS AND BUSINESS TENANTS Grand Terrace Community Redevelopment Project Area As Amended on January 12, 2010 ROSENOW SPEVACEK GROUP, INC. www.webrsg.com site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CITY OF GRAND TERRACE Chapter 5.80 NONOWNER OCCUPIED/RENTAL PROPERTY PROGRAM 5.80.010 Purpose. 5.80.020 Definitions. 5.80.030 Scope. 5.80.040 Exemptions. 5.80.050 Inspections authorized--Compliance with applicable codes and standards. 5.80.060 Exterior building maintenance standards. 5.80.070 Exterior site maintenance standards. 5.80.080 Interior maintenance standards. 5.80.090 Notification of inspection--Inspection procedure. 5.80.100 Annual inspection fee. 5.80.110 Education. 5.80.120 Reinspection fee. 5.80.130 Violations. 5.80.140 Enforcement. 5.80.150 Civil action--Receivership. 5.80.160 Appeal process. 5.80.170 Retaliatory eviction. 5.80.010 Purpose. The purpose of this chapter is to identify substandard nonowner occupied/rental property stock and to ensure rehabilitation or elimination of nonowner occupied/rental properties that do not meet minimum building and housing code standards, exterior maintenance standards or are not safe to occupy The city of Grand Terrace does hereby declare that there are approximately three hundred twenty- seven nonowner occupied/residential housing units and one thousand nine multifamily nonowner occupied/rental properties-not including mobile homes, assisted living facilities, and convalescent care facilities-within the city It is the intention of the city council to establish a program whereby er: Council Motion: rences made to certain departments or department director titles have been either removed or modified to the "City Manager or his/her designee". Also, new requirements under the 2011 Carbon Monoxide Poisoning Prevention Act have been added to Section 5.80.080 (M). Staff is also recommending changes to Section 5.08.090, Notification of inspection- inspection procedure, for greater efficiency. As currently written, a letter of intent to inspect the property stating a specific date and time for the inspection must be provided to the property owner 14 days prior to the inspection. To reduce staff time required to track timing and send out the notices, staff proposes to identify the first six months of each calendar year for exterior inspection. Notification of inspections by mail would be required only if there are conditions observed that warrant an interior inspection to ensure occupant health and safety. Staff will also provide inspection checklists to the property owners with the annual renewal notices to assist the property owner in meeting the requirements. In addition, staff is proposing modifications in Sections 5.80.120, 5.80.130, and 5.80.140, only to provide a better flow of information, placing the Report of Inspection before the Reinspection Fee. Summary Staff's goal is to implement any modifications before the annual invoice is sent out to property owners. Any new information would be provided along with this mailing. In addition, staff has represented to some concerned parties that they would be provided an opportunity to address their concerns before the 2012 fee is required. Staff has follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 the exteriors of nonowner occupied/rental housing units can be inspected on a regular basis and certified as meeting minimum standards The city endeavors to target its efforts to properties where violations exist and are a habitual condition of the property without unduly burdening responsible and prudent property owners (Ord 221 § 1(part), 2006) 5.80.020 Definitions. For purposes of this chapter, the following terms, phrases and words shall have the meanings given herein Unless otherwise expressly stated, words not defined herein shall be given their common and ordinary meaning. "Apartment house" means any dwelling, which is designed, built, rented, leased, let or hired out for occupation, or which is occupied as the home residence of three or more families living independently of each other in dwelling units "Applicable codes and standards" means those minimum standards governing residential rental property as contained in the State Housing, Building Fire and Civil Codes. "Approved" means performed in a manner and/or materials consistent with the California Building Code in effect at the time of construction or substantial renovation unless otherwise provided. "Basement" means a story having a clear height of at least seven feet from finished floor to finished ceiling, the floor level of which is below finished grade but not less than four feet below the average finished grade, having floor and walls of approved construction "Code enforcement" means city personnel responsible for enforcement of applicable building codes and standards. "Habitually substandard" means rental property with code or standards violations that persist for six months or more after notice of violation has been given and where there has been no attempt to abate the problem "Inspection fee" means a fee set by the city to cover the cost of administering this program "Landscape" means areas defined as the general landscape area, rights-of-way and detention or pond areas "Maintenance standards" means standards, which govern the physical appearance and condition of both the exterior and interior areas of an apartment house "Nonowner occupied/rental property" means a residential dwelling wherein the owner/landlord gives to another the temporary possession and use of property in exchange for consideration and the latter agrees to return the property to the owner/landlord "Notification of inspection" means notice from the city to the property owner/agent that the city will be conducting an inspection "Occupant" means any person who occupies a unit, as a tenant or permittee of the owner, but not an owner-occupied unit. "Owner" means any individual, partnership, corporation including the agent(s) of the owner who has title to a residential rental unit. "Owner occupied" means a residential unit, which is occupied by the owner ce is sent out to property owners. Any new information would be provided along with this mailing. In addition, staff has represented to some concerned parties that they would be provided an opportunity to address their concerns before the 2012 fee is required. Staff has follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 "Well-maintained properties" means properties with no existing violations of the California Housing Code, California Building Code, California Fire Code or the California Civil Code (Ord 221 § 1(part), 2006) 5.80.030 Scope. The provisions of this chapter shall apply to all existing nonowner occupied/rental property, including parking lots, driveways, landscaping, assessory structures, fences, walls, swimming pools, hot tubs and spas Hotels, motels, mobilehome parks, bed and breakfasts, and other similar occupancies are specifically excluded from the provisions of this chapter The city seeks to work within its existing departmental structure to conduct the initial and subsequent inspections using code enforcement personnel. (Ord 221 § 1(part), 2006) 5.80.040 Exemptions. A. Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of one year The exemption period shall begin on the date a certificate of occupancy is issued (Ord 221 § 1(part), 2006) 5.80.050 Inspections authorized--Compliance with applicable codes and standards. A. Inspections--Conformance with Standards 1 Under the direction of the community services director, the code enforcement department shall conduct an annual exterior inspection of all nonowner occupied/rental properties located within the city If at the time of the exterior inspection violations are found or there is reasonable cause to believe there may be violations within the interior of the property the code enforcement department may request that an interior inspection be completed In the event a tenant, in possession of a property to be inspected refuses access to said property, the city attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place 2. When inspections are made, buildings shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the building was constructed, except for any additional requirements mandated by the municipal code or state law B Noncomplying Structures. Structures and premises that do not comply with the provisions of this code and the codes listed above must be altered or repaired to obtain the required level of compliance or demolished (Ord 221 § 1(part), 2006) 5.80.060 Exterior building maintenance standards. In addition to the California Model Building Codes and city of Grand Terrace Municipal Code, Health and Safety, Title 8, residential nonowner occupied/rental buildings shall meet the following exterior building maintenance standards A. Buildings, or portions thereof, shall have exterior walls that are weathertight, watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings Roof surfaces shall be watertight and not have any defects that will allow water to enter into the structure, B The exterior finish of all structures shall be maintained If the exterior finish of a structure is paint or stain, the structure shall be painted or stained prior to a time when the exterior finish has substantially deteriorated, follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 C. All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects, D All chimneys, antennas, vents, gutters and downspouts and similar projections or building accessories shall be structurally sound and in good repair Such projections shall be properly secured, when applicable, to an exterior wall or roof; E. Windows and exterior glazing shall be soundly and adequately glazed, free from loose and broken glass and cracks that could cause physical injury or allow the elements to enter the structure Exterior doors shall be maintained weathertight, watertight and rodent proof Exterior doors of rental dwelling units shall be solid core or equivalent and be provided with a deadbolt- locking device that tightly secures the door; F All structures and exterior property shall be maintained free of rodent, insect or vermin infestation, which creates an unsafe or unsanitary environment on the subject, or adjacent buildings or properties, and G All assessory structures shall be maintained in a state of good repair or removed from the site Such structures shall include, but not be limited to, clubhouses, offices, maintenance buildings, carports, retaining walls, fences, garages, swimming pools, spas, hot tubs, and miscellaneous sheds or structures (Ord 221 § 1(part), 2006) 5.80.070 Exterior site maintenance standards. In addition to the California Model Building Codes and city of Grand Terrace Municipal Code, Health and Safety, Title 8, residential nonowner occupied/rental buildings shall meet the following exterior site maintenance standards. A. There shall be no accumulation of weeds, vegetation,junk(to include, but not be limited to, abandoned, unused or nonoperational appliances, equipment, vehicles, machinery, or household furnishings), dead organic matter(including lawns), debris, garbage, stagnant water, combustible materials or similar materials or conditions, B. All parking areas shall be kept free of potholes, cracks or other deterioration No dirt, grass or sod parking areas are allowed All striping and signage, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible, C All landscaped areas shall be maintained so as not to constitute a public safety hazard and all dead, diseased, or severely damaged plant materials shall be removed Driveways, hardscape parking areas, patios or walks are not included as landscape areas, and D Refuse enclosures shall be installed and maintained All refuse shall be kept inside the enclosure Oversized trash that will not fit within the refuse enclosure shall be removed from the property (Ord 221 § 1(part), 2006) 5.80.080 Interior maintenance standards. In addition to the California Model Building Codes, residential nonowner occupied/rental buildings shall meet the following interior maintenance standards as defined in California Code of Regulations (CCR) Title 24 definition of a "habitable" rental unit: A. Effective waterproofing and weather protection of roof and exterior walls including unbroken windows and doors, es which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 B Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system, C. Gas facilities in good working order; D Heating facilities in good working order; E. An electric system, including lighting, wiring, and equipment, in good working order; F Clean and sanitary buildings, grounds, and appurtenances (detached garage, garden, etc.)free from debris, filth, rubbish, garbage, rodents, and vermin, G Adequate trash receptacles in good repair; H Floors, stairways, and railings in good repair; I. A working toilet, wash basin, and bathtub or shower; J A kitchen with a sink that cannot be made of absorbent material such as wood, K. Natural light in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation, L. Safe fire or emergency exits leading to a street or hallway Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials, M Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows, N Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells. (Ord 221 § 1(part), 2006) 5.80.090 Notification of inspection--Inspection procedure. A. A letter of intent to inspect the property shall be mailed to the property owner stating an approximate date and time of inspection Such notification shall give a minimum of fourteen days notice B It shall be the responsibility of the property owner to notify any individual tenants of the inspection C Should an inspection need to be canceled or rescheduled, a notice shall be mailed to the property owner at least three days prior to the scheduled inspection date D At the invitation of the tenant in possession of the property, city code enforcement personnel will enter the property for scheduled or unscheduled inspection. (Ord 221 § 1(part), 2006) 5.80.100 Annual inspection fee. Property owners with buildings subject to inspection shall pay a fee in the amount set forth in the resolution establishing fees and charges for various municipal services The fee will only be used to finance the cost of inspection and enforcement of this program Should the property owner fail to pay the required fee, the city will recover it, plus accrued interest and penalties, utilizing any shall be kept inside the enclosure Oversized trash that will not fit within the refuse enclosure shall be removed from the property (Ord 221 § 1(part), 2006) 5.80.080 Interior maintenance standards. In addition to the California Model Building Codes, residential nonowner occupied/rental buildings shall meet the following interior maintenance standards as defined in California Code of Regulations (CCR) Title 24 definition of a "habitable" rental unit: A. Effective waterproofing and weather protection of roof and exterior walls including unbroken windows and doors, es which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law A. Good Landlord/Tenant Program Well-maintained properties that have passed inspections for three consecutive years may qualify to participate the good landlord/tenant program For qualifying participants, the property owner will be allowed to remove the property from the full program and pay an annual inspection fee that is one-half of the city inspection program's annual fee, provided conditions do not deteriorate to the point where the property would no longer meet eligibility standards for program participation 1 If the community services director or his/her designee determines that the property is ineligible to participate in the good landlord/tenant program, then the property shall be inspected and the property owner shall be assessed the full annual inspection fee in the amount set forth in the resolution establishing fees and charges for various municipal services for all units, per year 2. At all times, the city shall retain the authority to investigate and address any violation of the California Housing Code, California Building Code, California Fire Code or the California Civil Code 3 Any property that participates in the good landlord/tenant program may be removed from the program at any time if it fails to meet any or all of the interior and exterior standards described in this chapter. (Ord 221 § 1(part), 2006) 5.80.110 Education. Annually each property owner will receive an invitation to city-sponsored educational sessions entitled (A)"How to pass your inspection", (B) "Tenants Rights "This invitation will accompany the annual inspection fee mailings sent to all rental property owners. 1 How to Pass Your Inspection The purpose of this course is to give property owners an understanding of what to expect during their inspections and allow them to objectively assess their own property to know what they will need to repair, if anything, in order to pass an inspection the first time This educational session will familiarize property owners, and property managers, with the basic procedures of an inspection, what is considered a violation, and what is considered compliance with the California Housing Code, California Building Code, California Fire Code and the California Civil Code 2 Tenant Rights. This course can benefit both tenants and property owners In this educational session, the class will cover items such as Before you rent. Tips for renters Before you sign Moving in Rights and responsibilities of landlords and tenants Moving out Key contacts for state, local, and nonprofit agencies that can typically assist renters. (Ord 221 § 1(part), 2006) 5.80.120 Reinspection fee. ifornia Model Building Codes, residential nonowner occupied/rental buildings shall meet the following interior maintenance standards as defined in California Code of Regulations (CCR) Title 24 definition of a "habitable" rental unit: A. Effective waterproofing and weather protection of roof and exterior walls including unbroken windows and doors, es which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Upon inspection, the inspector may instruct the owner of the facility to perform work, take action, or refrain from action to ensure compliance with applicable codes. If the inspector discovers upon reinspection that the work, action, or inaction requested was not performed, the property owner shall be charged a reinspection fee to the extent set forth in the resolution establishing fees and charges for various municipal services Should the property owner fail to pay the required fee, the city will recover the amount of the fee plus accrued interest and penalties utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law (Ord 221 § 1(part), 2006) 5.80.130 Violations. A. Notice of Violation Whenever the inspector determines that a violation of this chapter exists, the inspector shall give notice of violation and an order to correct to the property owner The notice shall be in writing, sent via both mail and certified mail, and shall describe the violation in sufficient detail so that a reasonable owner would understand the violation(s) and have the opportunity to correct said violation(s) B Time for Correction The notice shall provide a reasonable time for correction, ranging from twenty-four hours to up to ninety days from the date of the notice of violation mailing, depending upon the severity of the violation The owner may request an extension of time The extension may be granted if the inspector determines that substantial progress is being made to correct the violation C Report of Inspection Upon completion of the property inspection, the inspector shall send a written report of inspection, via both regular mail and certified mail, to the property owner The report of inspection shall contain an itemization of any violation(s) and set a period of time for correction ranging from twenty-four hours to up to ninety days. D Building Permits. Building permits for the correction of violations shall be issued, as required by the California Building Code, through the city building and safety/public works department. E. Reinspections. Reinspections will be conducted to verify that the violations identified on the initial inspection have been corrected The city shall be responsible for scheduling required reinspections on or after the date for completion of any necessary repairs. Any violations that were not noted on the initial inspection report, but are discovered on the reinspection due to subsequent damage or deterioration, shall be subject to correction (Ord 221 § 1(part), 2006) 5.80.140 Enforcement. Substantial fees shall result if after notice and order to correct, an owner fails to correct a violation Each violation that continues after the set date of correction with no attempt to abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for the second citation, and five hundred dollars for the third and subsequent citations per violation A. Repeat violations are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Further, the city intends to utilize the provisions of Revenue and Taxation Code Section 24436 5 to encourage the elimination of substandard conditions in nonowner occupied/rental property Said section provides for the disallowance of state income tax interest, depreciation, taxes, or amortization deductions that are derived from the ownership of rental housing that is not in compliance The city is also authorized to use the remedies set forth in the Uniform Building Code and Uniform Housing Code If after the city has pursued all available options under the law and the property still has not been brought into full compliance with applicable codes and standards, the city will use reasonable means to abate the nuisance and seek recovery from the property owner Such steps shall be taken no later than twelve months after the initial violation is found In extreme cases recovery may include the use of civil actions, specifically receivership proceedings (Ord 221 § 1(part), 2006) 5.80.150 Civil action--Receivership. The city may petition the superior court for the appointment of a receiver over a substandard property if the property owner has failed to comply with the terms of a notice or order to repair issued by the city The petition seeks to authorize the receiver to rehabilitate the property, borrow funds as necessary to pay for the rehabilitation and other receivership costs, and secure any incurred debt with a recorded super-priority lien on the property The petition seeks a preliminary injunction that would order the property owner and other interested parties to immediately turn over possession of the property to the receiver, prohibit the owner and other interested parties from collecting income from the property, interfering with the receiver, or encumbering the property during the receivership The petition seeks to prohibit existing mortgages from undertaking foreclosure proceedings against the property during the receivership (Ord 221 § 1(part), 2006) 5.80.160 Appeal process. Any person aggrieved by a determination of the inspector may appeal in writing to the city clerk's office, 22795 Barton Road, Grand Terrace, CA 92313 within ten calendar days from the date the citation was mailed An appeal will result in an administrative hearing (Ord 221 § 1(part), 2006) 5.80.170 Retaliatory eviction. It shall be unlawful for a landlord to recover possession of a rental unit in retaliation against a tenant for exercising his/her right pursuant to state law (Ord 221 § 1(part), 2006) damage or deterioration, shall be subject to correction (Ord 221 § 1(part), 2006) 5.80.140 Enforcement. Substantial fees shall result if after notice and order to correct, an owner fails to correct a violation Each violation that continues after the set date of correction with no attempt to abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for the second citation, and five hundred dollars for the third and subsequent citations per violation A. Repeat violations are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Chapter 4.108 RENTAL INSPECTION FEES 4.108.010 Rental inspection fees. 4.108.010 Rental inspection fees. Community Services Rental inspection apartments 200 + units $36 00 Rental inspection apartments 1 -- 199 units 48 00 Single-family home inspection 95 00 Re-inspection 47 00 NPDES inspection fee 80 00 (Stormwater runoff program mandated by state) (Ord 220 § 1(part), 2006) 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace ATTACHMENT NO. 2 Redline GTMC Section 5.80 Proposed Modifications to the Rental Inspection Program s. Community Services Rental inspection apartments 200 + units $36 00 Rental inspection apartments 1 -- 199 units 48 00 Single-family home inspection 95 00 Re-inspection 47 00 NPDES inspection fee 80 00 (Stormwater runoff program mandated by state) (Ord 220 § 1(part), 2006) 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CITY OF GRAND TERRACE Chapter 5.80 NONOWNER OCCUPIED/RENTAL PROPERTY PROGRAM 5.80.010 Purpose. 5.80.020 Definitions. 5.80.030 Scope. 5.80.040 Exemptions. 5.80.050 Inspections authorized--Compliance with applicable codes and standards. 5.80.060 Exterior building maintenance standards. 5.80.070 Exterior site maintenance standards. 5.80.080 Interior maintenance standards. 5.80.090 Notification of inspection--Inspection procedure. 5.80.100 Annual inspection fee. 5.80.110 Education. 5.80.120 Report of Inspection. . 5.80.130 Reinspection fee.Vielations. 5.80.140 Violations. Enforcement. 5.80.150 Enforcement. 5.80.160 Civil action—Receivership. Appeal-RFC/sees. 5.80.170 Appeal process. . 5.80.180 Retaliatory eviction. 5.80.010 Purpose. The purpose of this chapter is to identify substandard nonowner occupied/rental property stock and to ensure rehabilitation or elimination of nonowner occupied/rental properties that do not meet minimum building and housing code standards, exterior maintenance standards or are not safe to occupy The sCity of Grand Terrace does hereby declare that there are approximately three hundred twenty-seven nonowner occupied/residential housing units and one thousand nine multifamily ay for the rehabilitation and other receivership costs, and secure any incurred debt with a recorded super-priority lien on the property The petition seeks a preliminary injunction that would order the property owner and other interested parties to immediately turn over possession of the property to the receiver, prohibit the owner and other interested parties from collecting income from the property, interfering with the receiver, or encumbering the property during the receivership The petition seeks to prohibit existing mortgages from undertaking foreclosure proceedings against the property during the receivership (Ord 221 § 1(part), 2006) 5.80.160 Appeal process. Any person aggrieved by a determination of the inspector may appeal in writing to the city clerk's office, 22795 Barton Road, Grand Terrace, CA 92313 within ten calendar days from the date the citation was mailed An appeal will result in an administrative hearing (Ord 221 § 1(part), 2006) 5.80.170 Retaliatory eviction. It shall be unlawful for a landlord to recover possession of a rental unit in retaliation against a tenant for exercising his/her right pursuant to state law (Ord 221 § 1(part), 2006) damage or deterioration, shall be subject to correction (Ord 221 § 1(part), 2006) 5.80.140 Enforcement. Substantial fees shall result if after notice and order to correct, an owner fails to correct a violation Each violation that continues after the set date of correction with no attempt to abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for the second citation, and five hundred dollars for the third and subsequent citations per violation A. Repeat violations are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 nonowner occupied/rental properties-not including mobile homes, assisted living facilities, and convalescent care facilities-within the city It is the intention of the city council to establish a program whereby the exteriors of nonowner occupied/rental housing units can be inspected on a regular basis and certified as meeting minimum standards. The sCity endeavors to target its efforts to properties where violations exist and are a habitual condition of the property without unduly burdening responsible and prudent property owners. (Ord 221 § 1(part), 2006) 5.80.020 Definitions. For purposes of this chapter, the following terms, phrases and words shall have the meanings given herein Unless otherwise expressly stated, words not defined herein shall be given their common and ordinary meaning "Apartment house" means any dwelling, which is designed, built, rented, leased, let or hired out for occupation, or which is occupied as the home residence of three or more families living independently of each other in dwelling units "Applicable codes and standards" means those minimum standards governing residential rental property as contained in the State Housing, Building Fire and Civil Codes. "Approved" means performed in a manner and/or materials consistent with the California Building Code in effect at the time of construction or substantial renovation unless otherwise provided "Basement" means a story having a clear height of at least seven feet from finished floor to finished ceiling, the floor level of which is below finished grade but not less than four feet below the average finished grade, having floor and walls of approved construction "Code enforcement" means city personnel responsible for enforcement of applicable municipal and building codes and standards "Habitually substandard" means rental property with code or standards violations that persist for six months or more after notice of violation has been given and where there has been no attempt to abate the problem "Inspection fee" means a fee set by the city to cover the cost of administering this program "Landscape" means areas defined as the general landscape area, rights-of-way and detention or pond areas. "Maintenance standards" means standards, which govern the physical appearance and condition of both the exterior and interior areas of an apartment house "Nonowner occupied/rental property" means a residential dwelling wherein the owner/landlord gives to another the temporary possession and use of property in exchange for consideration and the latter agrees to return the property to the owner/landlord "Notification of inspection" means notice from the city to the property owner/agent that the city will be conducting an inspection "Occupant" means any person who occupies a unit, as a tenant or permittee of the owner, but not an owner-occupied unit. "Owner" means any individual, partnership, corporation including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 "Owner occupied" means a residential unit, which is occupied by the owner "Well-maintained properties" means properties with no existing violations of the Grand Terrace Municipal Code, California Housing Code, California Building Code, California Fire Code or the California Civil Code. (Ord 221 § 1(part), 2006) 5.80.030 Scope. The provisions of this chapter shall apply to all existing nonowner occupied/rental property, including parking lots, driveways, landscaping, accessory assessory structures, fences, walls, swimming pools, hot tubs and spas Hotels, motels, mobilehome parks, bed and breakfasts, and other similar occupancies are specifically excluded from the provisions of this chapter ' Code Enforcement Officers will conduct the initial and subsequent inspections, (Ord 221 § 1(part), 2006) 5.80.040 Exemptions. A. Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of one year The exemption period shall begin on the date a certificate of occupancy is issued (Ord 221 § 1(part), 2006) 5.80.050 Inspections authorized--Compliance with applicable codes and standards. A. Inspections--Conformance with Standards. 1 The Citv department shall conduct an annual exterior inspection of all nonowner occupied/rental properties located within the city. If at the time of the exterior inspection violations are found or there is probable reasonable cause to believe there may be violations within the interior of the property the inspecting officer may request that an interior inspection be completed In the event a tenant, in possession of a property to be inspected refuses access to said property, the city attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place. 2 Bbuildings shall be maintained in accordance with the code standard that was in effect at the time the building was constructed, except-for and any additional requirements mandated by the municipal code or state law B Noncomplying Structures. Structures and premises that do not comply with the provisions of this code and the codes listed above must be altered or repaired to obtain the required level of compliance or demolished (Ord 221 § 1(part), 2006) 5.80.060 Exterior building maintenance standards. In addition to the California Model Building Codes and sCity of Grand Terrace Municipal Code, Health and Safety, Title 8, residential nonowner occupied/rental buildings shall meet the following exterior building maintenance standards. A. Buildings, or portions thereof, shall have exterior walls that are 4.veatheFtightweather tight, watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings. Roof surfaces shall be watertight and not have any defects that will allow water to enter into the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 structure, B The exterior finish of all structures shall be maintained If the exterior finish of a structure is paint or stain, the structure shall be painted or stained prior to a time when the exterior finish has substantially deteriorated, C All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects, D All chimneys, antennas, vents, gutters and downspouts and similar projections or building accessories shall be structurally sound and in good repair Such projections shall be properly secured, when applicable, to an exterior wall or roof; E. Windows andexterier--glazi„g shall be weather tight free from loose and broken glass and cracks that could cause physical injury or allow the elements to enter the structure Exterior doors shall be maintained weathertightweather tight, watertight and rodent proof Exterior doors of rental dwelling units shall be solid core or equivalent and be provided with a thumb-turn deadbolt-locking device that tightly secures the main entry door; F All structures and exterior property shall be maintained free of rodent, insect or vermin infestation, which creates an unsafe or unsanitary environment on the subject, or adjacent buildings or properties, and G All accessory assessory structures shall be maintained in a state of good repair or removed from the site Such structures shall include, but not be limited to, clubhouses, offices, maintenance buildings, carports, retaining walls, fences, garages, swimming pools, spas, hot tubs, and miscellaneous sheds or structures. (Ord 221 § 1(part), 2006) 5.80.070 Exterior site maintenance standards. In addition to the California Model Building Codes and city of Grand Terrace Municipal Code, Health and Safety, Title 8, residential nonowner occupied/rental buildings shall meet the following exterior site maintenance standards. A. There shall be no accumulation of weeds, vegetation,junk(to include, but not be limited to, abandoned, unused or nonoperational appliances, equipment, vehicles, machinery, or household furnishings), dead organic matter(including lawns), debris, garbage, stagnant water, combustible materials or similar materials or conditions, B All parking areas shall be improved with an impervious surface and kept free of potholes, cracks or other deterioration All striping and signage, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible, C All landscaped and hardscape areas shall be maintained so as not to constitute a public safety nuisance. D Refuse enclosures shall be installed and maintained at multi-family properties All-refuse-shall Oversized trash that will not fit within the refuse enclosure shall be removed from the property (Ord 221 § 1(part), 2006) 5.80.080 Interior maintenance standards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 In addition to the California Model Building Codes, residential nonowner occupied/rental buildings shall meet the following interior maintenance standards as defined in California Code of Regulations(CCR) Title 24 definition of a "habitable" rental unit: A. &-Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system, B. O-Gas facilities in good working order; C_D-Heating facilities in good working order; D. electric system, including lighting, wiring, and equipment, in good working order; E_F-Clean and sanitary buildings, grounds, and appurtenances (detached garage, garden, etc.) free from debris, ibish, garbage, rodents, and vermin, F_G-Adequate trash receptacles in good repair; G_I-Floors, stairways, and railings in good repair; H_t-A working toilet, wash basin, and bathtub or shower; I_.1-A kitchen with a sink_ ; J_Kr-Natural light in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation, K. h—Safe fire or emergency exits leading to a street or hallway Stairs, hallways, and exits must be kept litter-free Storage areas, garages, and basements must be kept free of combustible materials, L. M-Operable thumb-turn deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows, M. N-Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells. (Ord 221 § 1(part), 2006) Effective July 1,2011,the Carbon Monoxide Poisoning Prevention Act(Senate Bill—SB 183)requires all single-family homes with an attached garage or a fossil fuel source to install carbon monoxide alarms within the home by July 1,2011.Owners of multi-family leased or rental dwellings,such as apartment buildings,have until January 1,2013 to comply with the law. 5.80.090 Notification of inspection--Inspection procedure. A. The exterior of the property will be inspected within the first six months of each calendar year. B_A If probable cause is observed to warrant an interior inspection, a letter of intent to inspect the property shall be mailed to the property owner stating an approximate date and time of inspection_ C_8 It shall be the responsibility of the property owner to notify any individual tenants of an interior the inspection maintained in good condition and clearly legible, C All landscaped and hardscape areas shall be maintained so as not to constitute a public safety nuisance. D Refuse enclosures shall be installed and maintained at multi-family properties All-refuse-shall Oversized trash that will not fit within the refuse enclosure shall be removed from the property (Ord 221 § 1(part), 2006) 5.80.080 Interior maintenance standards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 D At the invitation of the tenant in possession of the property, city code enforcement officers personnel will enter the property for scheduled or unscheduled inspection (Ord 221 § 1(part), 2006) 5.80.100 Annual inspection fee. Property owners with buildings subject to inspection shall pay a fee in the amount set forth in the resolution establishing fees and charges for various municipal services The fee will only be used to finance the cost of inspection and enforcement of this program Should the property owner fail to pay the required fee, the city will recover it, plus accrued interest and penalties, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law A. Good Landlord/Tenant Program Well-maintained properties that have passed inspections for three consecutive years may qualify to participate the good landlord/tenant program. For qualifying participants, the property owner will pay an annual inspection fee that is one-half of the city inspection program's annual fee, provided conditions do not deteriorate to the point where the property would no longer meet eligibility standards for program participation For properties eligible under program, a drive-by inspection will be conducted to ensure satisfactory maintenance. 1 If the City Manager or his/her designee determines that the property is ineligible to participate in the good landlord/tenant program, then the property shall be inspected and the property owner shall be assessed the full annual inspection fee in the amount set forth in the resolution establishing fees and charges for various municipal services for all units, per year 2 At all times, the Csity shall retain the authority to investigate and address any violation of the California Housing Code, California Building Code, California Fire Code or the California Civil Code 3 Any property that participates in the good landlord/tenant program may be removed from the program at any time if it fails to meet any or all of the interior and exterior standards described in this chapter (Ord 221 § 1(part), 2006) 5.80.110 Education. 1 How to Pass Your Inspection. The purpose of this course is to givo property owners and/or property managers may request an explanation an-u-ReleFstaFteting of what to expect during their inspections that will and-allow them to objectively assess their own property_ , This educational session will familiarize property owners, and property managers, with the basic procedures of an inspection, what is considered a violation, and what is considered compliance with the Municipal Code. California Housing Code, California Building Code, California Fire Code and the California Civil Code 2. Tenant Rights Information requested regarding tenants rights shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Mevi til4wing-Gut (Ord. 221 § 1(part), 2006) 5.80.120 Report of Inspection Report of Inspection. Upon completion of the property inspection, the inspector shall send a written report of inspection, via regular mail, to the property owner. The report of inspection shall contain an itemization of any violation(s) and set a period of time for correction ranging from twenty-four hours to up to sixty days. 5.80.130 Reinspection fee. Upon inspection, the inspector may instruct the owner of the facility to perform work, take action, or refrain from action to ensure compliance with applicable codes. If the inspector discovers upon reinspection that the work, action, or inaction requested was not performed, the property owner shall be charged a reinspection fee to the extent set forth in the resolution establishing fees and charges for various municipal services. Should the property owner fail to pay the required fee, the Ceity will recover the amount of the fee plus accrued interest and penalties utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law (Ord 221 § 1(part), 2006) 5.80.1340 Violations. A. Notice of Violation Whenever the inspector determines that a violation of this chapter exists, the inspector shall give notice of violation and an order to correct to the property owner The notice shall be in writing, sent via both mail and certified mail, and shall describe the violation in sufficient detail so that a reasonable owner would understand the violation(s)and have the opportunity to correct said violation(s) B Time for Correction The notice shall provide a reasonable time for correction, ranging from twenty-four hours to up to ninety days from the date of the notice of violation mailing, depending upon the severity of the violation The owner may request an extension of time. The extension may be granted if the inspector determines that substantial progress is being made to correct the violation C. Building Permits Required. Building permits for the correction of violations shall be issued, as 5.80.110 Education. 1 How to Pass Your Inspection. The purpose of this course is to givo property owners and/or property managers may request an explanation an-u-ReleFstaFteting of what to expect during their inspections that will and-allow them to objectively assess their own property_ , This educational session will familiarize property owners, and property managers, with the basic procedures of an inspection, what is considered a violation, and what is considered compliance with the Municipal Code. California Housing Code, California Building Code, California Fire Code and the California Civil Code 2. Tenant Rights Information requested regarding tenants rights shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 required by the California Building Code, through the city building and safety/public works department. E. Reinspections. Reinspections will be conducted to verify that the violations identified on the initial inspection have been corrected Any violations that were not noted on the initial inspection report, but are discovered on the reinspection due to subsequent damage or deterioration, shall be subject to correction (Ord 221 § 1(part), 2006) 5.80.1450 Enforcement. Each violation that continues after the set date of correction with no attempt to abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for the second citation, and five hundred dollars for the third and subsequent citations per violation The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. Further, the sCity intends to utilize the provisions of Revenue and Taxation Code Section 24436 5 to encourage the elimination of substandard conditions in nonowner occupied/rental property Said section provides for the disallowance of state income tax interest, depreciation, taxes, or amortization deductions that are derived from the ownership of rental housing that is not in compliance The Csity is also authorized to use the remedies set forth in the Uniform Building Code and Uniform Housing Code If after the Csity has pursued all available options under the law and the property still has not been brought into full compliance with applicable codes and standards, the city will use reasonable means to abate the nuisance and seek recovery from the property owner Such steps shall be taken no later than twelve months after the initial violation is found In extreme cases recovery may include the use of civil actions, specifically receivership proceedings (Ord. 221 § 1(part), 2006) 5.80.1560 Civil action--Receivership. The Csity may petition the superior court for the appointment of a receiver over a substandard property if the property owner has failed to comply with the terms of a notice or order to repair issued by the Csity The petition seeks to authorize the receiver to rehabilitate the property, borrow funds as necessary to pay for the rehabilitation and other receivership costs, and secure any incurred debt with a recorded super-priority lien on the property The petition seeks a preliminary injunction that would order the property owner and other interested parties to immediately turn over possession of the property to the receiver, prohibit the owner and other interested parties from collecting income from the property, interfering with the receiver, or encumbering the property during the receivership tenants rights shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 The petition seeks to prohibit existing mortgages from undertaking foreclosure proceedings against the property during the receivership (Ord 221 § 1(part), 2006) 5.80.1670 Appeal process. Any person desiring to appeal aggrieved-by a determination of the inspector may appeal in writing and submit an advance deposit of the fine to the GCity GClerk's office, 22795 Barton Road, Grand Terrace, CA 92313 within ten-calendar 15 days from the date the citation was issued mailed An appeal will result in an administrative hearing (Ord 221 § 1(part), 2006) The determination of the administrative hearing officer shall be final. 5.80.1780 Retaliatory eviction. It shall be unlawful for a landlord to recover possession of a rental unit in retaliation against a tenant for exercising his/her right pursuant to state law (Ord 221 § 1(part), 2006) Chapter 4.108 RENTAL INSPECTION FEES 4.108.010 Rental inspection fees. 4.108.010 Rental inspection fees. Community Services. Rental inspection apartments 200 + units it $36 00 Rental inspection apartments 1 -- 199 units 48 00 Single-family home inspection 95 00 Re-inspection 47 00 NPDES inspection fee 80.00 (Stormwater runoff program mandated by state) (Ord 220 § 1(part), 2006) tization deductions that are derived from the ownership of rental housing that is not in compliance The Csity is also authorized to use the remedies set forth in the Uniform Building Code and Uniform Housing Code If after the Csity has pursued all available options under the law and the property still has not been brought into full compliance with applicable codes and standards, the city will use reasonable means to abate the nuisance and seek recovery from the property owner Such steps shall be taken no later than twelve months after the initial violation is found In extreme cases recovery may include the use of civil actions, specifically receivership proceedings (Ord. 221 § 1(part), 2006) 5.80.1560 Civil action--Receivership. The Csity may petition the superior court for the appointment of a receiver over a substandard property if the property owner has failed to comply with the terms of a notice or order to repair issued by the Csity The petition seeks to authorize the receiver to rehabilitate the property, borrow funds as necessary to pay for the rehabilitation and other receivership costs, and secure any incurred debt with a recorded super-priority lien on the property The petition seeks a preliminary injunction that would order the property owner and other interested parties to immediately turn over possession of the property to the receiver, prohibit the owner and other interested parties from collecting income from the property, interfering with the receiver, or encumbering the property during the receivership tenants rights shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 ATTACHMENT NO. 3 Rental Property Inspection Form oposed Modifications to the Rental Inspection Program s. Community Services Rental inspection apartments 200 + units $36 00 Rental inspection apartments 1 -- 199 units 48 00 Single-family home inspection 95 00 Re-inspection 47 00 NPDES inspection fee 80 00 (Stormwater runoff program mandated by state) (Ord 220 § 1(part), 2006) 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace Non-Owner Occupied/Rental Property Program N�oaPOA4>Eo Inspection Checklist o r r This checklist is designed to assist roe owners in determiningwhether their "' . 9 property�Y properties meet regulations outlined in Grand Terrace Municipal Code, California , & Code of Regulations, Title 24, and California Health and Safety Code. tio�FMaEq 9,a The owner of any premises within the city has the primary responsibility of keeping his premises free of public nuisances. City of Grand Terrace Code Enforcement conducts annual inspections of all non- owner occupied/rental properties located within the city. In order to ensure conformance with adopted codes and ordinances the following standards are enforced when an inspection is conducted: Exterior Building Maintenance Standards In Compliance/Non-compliance A. Buildings weather tight B. Exterior finish maintained C. Windows and doors sound and weather tight; solid core entry door _ D. Structures and property free of insect or vermin infestation E. Accessory structures, including fences, pools, and sheds maintained Exterior Site Maintenance Standards In Compliance/Non-compliance A. No accumulation of weeds, refuse,junk, stagnant water, inoperative vehicles B. Parking areas free of holes and cracks; striping and signage maintained C. Landscaped areas maintained D. Refuse enclosures installed and maintained If an interior inspection is required, the following items will be inspected: Interior Maintenance Standards In Compliance/Non-compliance A. Plumbing, including hot and cold running water, maintained B. Gas facilities in good working order C. Heating facilities in good working order D. Electrical system in good working order _ E. Floors, stairways, and railings in good repair F. Working toilet, wash basins, tub or shower and kitchen sink provided G. Natural light and ventilation in every room through windows or skylights H. Emergency exits kept clear I. Operable thumb-lock deadbolt lock on main entry door J. Working smoke and carbon monoxide detectors in all units (sleeping rooms and central location outside sleeping areas*) *Effective July 1, 2011, the Carbon Monoxide Poisoning Prevention Act (Senate Bill SB 183) will require all single-family homes with an attached garage or a fossil fuel source to install carbon monoxide alarms within the home by July 1, 2011. Owners of multi family leased or rental dwellings, such as apartment buildings, have until January 1, 2013 to comply with the law. Owners should recognize that this checklist is not all inclusive and in addition to the items listed above owners are responsible for ensuring that their properties are in compliance with all applicable provisions of the Grand Terrace Municipal Code, including California Model Building Codes and California Health and Safety Code. ghts shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Approvals Finance Director (if applicable) BS c. rk City Attorney +6 City Manager bma t41M,3 AG E N DA RE PORT MEETING DATE: November 8, 2011 Council Item ( X ) CRA Item ( ) TITLE: Check Register No. 11-8-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for November 8, 2011 is presented in accordance with Government Code §37202. The attached index to the warrant register is a guideline account list only and is not intended to replace the voluminous list of accounts used by the City and CRA. Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account]. Expenditures may be made from trust/agency accounts (fund 23-xxx-) or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $63,843.93 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. Payroll costs for the period amounted to $60,012.33 and are summarized below. Some of the non-routine items include: 67373 Bourns, Inc. Purchase of 16 share of Riverside Highland $1,600.00 Water Company Water Stock 67374 5 Point Auto Smog Check/Oil Change-Ford F-150 & Child $223.34 Service Care Passenger Bus 67387 ICC Governmental Member Dues-Shields $125.00 67388 ICC Safety Assessment Program Evaluator Training- $50.00 Shields COUNCIL AGENDA ITEM NO. 3A C. Heating facilities in good working order D. Electrical system in good working order _ E. Floors, stairways, and railings in good repair F. Working toilet, wash basins, tub or shower and kitchen sink provided G. Natural light and ventilation in every room through windows or skylights H. Emergency exits kept clear I. Operable thumb-lock deadbolt lock on main entry door J. Working smoke and carbon monoxide detectors in all units (sleeping rooms and central location outside sleeping areas*) *Effective July 1, 2011, the Carbon Monoxide Poisoning Prevention Act (Senate Bill SB 183) will require all single-family homes with an attached garage or a fossil fuel source to install carbon monoxide alarms within the home by July 1, 2011. Owners of multi family leased or rental dwellings, such as apartment buildings, have until January 1, 2013 to comply with the law. Owners should recognize that this checklist is not all inclusive and in addition to the items listed above owners are responsible for ensuring that their properties are in compliance with all applicable provisions of the Grand Terrace Municipal Code, including California Model Building Codes and California Health and Safety Code. ghts shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . If negotiations with the selected Owner or Non-Owner does QRSG 6 4 67389 Inter. Institute of Application for Admissions for Certification $50.00 Municipal Clerks (Certified Municipal Clerk) 67403 Tim Goddard's Repairs to Hot Water Heater at Child Care $243.46 Plumbing Center Some the larger items include: 67382 Diehl Evans & Assistance with IRS Examination $5,750.00 Company 67386 Houston & Harris Hydro-wash Sewer Lines &Video Pipe $5,294.50 PCS Inspection Sewer-Finch St (2 invoices) 67401 Stradling Yocca August Legal Service for RDA Issues $4,722.56 Carlson & Rauth 67406 Willdan September Plan Check, Inspection, and $4,870.00 Engineering Services Payroll costs processed for period ending October 14, 2011: Date Period Payroll and payroll costs 10/14/11 Biweekly $60,012.33 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2011-12. Respectfully submitted: Bernie Simon, Finance Director ATTACHMENTS: Check Register— November 8, 2011 Council Action Approved as Recommended: Denied/Other: Council Motion: amounted to $60,012.33 and are summarized below. Some of the non-routine items include: 67373 Bourns, Inc. Purchase of 16 share of Riverside Highland $1,600.00 Water Company Water Stock 67374 5 Point Auto Smog Check/Oil Change-Ford F-150 & Child $223.34 Service Care Passenger Bus 67387 ICC Governmental Member Dues-Shields $125.00 67388 ICC Safety Assessment Program Evaluator Training- $50.00 Shields COUNCIL AGENDA ITEM NO. 3A C. Heating facilities in good working order D. Electrical system in good working order _ E. Floors, stairways, and railings in good repair F. Working toilet, wash basins, tub or shower and kitchen sink provided G. Natural light and ventilation in every room through windows or skylights H. Emergency exits kept clear I. Operable thumb-lock deadbolt lock on main entry door J. Working smoke and carbon monoxide detectors in all units (sleeping rooms and central location outside sleeping areas*) *Effective July 1, 2011, the Carbon Monoxide Poisoning Prevention Act (Senate Bill SB 183) will require all single-family homes with an attached garage or a fossil fuel source to install carbon monoxide alarms within the home by July 1, 2011. Owners of multi family leased or rental dwellings, such as apartment buildings, have until January 1, 2013 to comply with the law. Owners should recognize that this checklist is not all inclusive and in addition to the items listed above owners are responsible for ensuring that their properties are in compliance with all applicable provisions of the Grand Terrace Municipal Code, including California Model Building Codes and California Health and Safety Code. ghts shall be directed to the Inland Fair Housing and Mediation Board dards. to the on including the agent(s) of the owner who has title to a residential rental unit. ns are usually related to lack of property management knowledge Property management courses are offered through local rental property management associations A property owner in violation who chooses to attend an "Essentials of Rental Property Management" or similar such approved seminar will have the amount of their violation reduced by the cost of the seminar when proof of completion is remitted with the payment of the fine The community services officer can refer a property owner to a local association for approved seminar information The failure of any property owner to pay fines assessed by administrative citation, within the specified time, will result in the city's pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. . 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L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO CITY OF GRAND TERRACE PENDIG CITY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING — NOVEMBER 8, 2011 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on November 8, 2011 at 6:00 p.m. A workshop preceded the meeting at 5:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Tracey Martinez, City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director Richard L. Adams II, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Lt. Steve Dorsey, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None Mayor Stanckiewitz opened the City Council Workshop at 5:00 p.m. Councilmember Hays arrived late, Finance Director Simon, Rick McClintock from San Bernardino County Fire Department and Sgt. Ed Finneran and Lt. Steve Dorsey from the San Bernardino County Sheriff's Department were absent. 1. Review of Rental Property Program Guidelines Joyce Powers, Community and Economic Development Director, gave an overview of the Rental Property Program and went over some changes they would like to propose. Barrie Owens, Senior Code Enforcement Officer, gave a presentation on how the program started in the City and the progress of the program since it began. Karen Fricke, Apartment Association of the Greater Inland Empire, stated that she participated in the process of implementing the rental inspection program and was surprised that she wasn't asked to participate in the updating process. She expressed concern with the proposed notification process and feels that the owners of the property would like to be present for their inspections. She also stated that she is opposed to any COUNCIL AGENDA ITEM NO.30_, \ f < < 0 / § § / 0 \ m \ m 0 0 0 2 0 . . n . z = _ \ & R \ 7 $ 2 R G / O . . . . . r - - - U- O 0 N N N > CO O V Cr) N M > I� ti O O r V N o O 0 C U r r Z N r N CO O > LL O I- H Q U CC 06 Q Z J Z 0 u- CD O -J O Z m 2 0 0 O _ -J U a Z U N U U U) U)>- F- >- 0 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 2 fee based ordinance but if the City is going to have one and implement changes she would like to be included in the discussions. Tom Lanza, Azure Terrace Apartments, encouraged the Council to terminate the current program and establish a group that can sit down and create a program that works. He feels that the program is expensive. Kathy Tardibuono, Manager of Azure Terrace Apartments, expressed that they don't agree with the program. She supports having standards within the community, however, she feels that there are other ways to do this without having this program in place. She stated that there is supposed to be educational training on the program yet they have not been invited to attend any type of training. She would like to participate in any discussions that may be held in revamping the program. Philip Tardibuono, Manger of Azure Terrace Apartments, feels that the program is set-up so that the properties can't pass the inspection. He would like to be told when the inspections will be held on his property so that he can be present during the inspection. He feels that the program is expensive and it needs to end. Mayor Stanckiewitz read the following letter to be included as part of the record that was sent to the Council: I own two properties in Cape Terrace#11 and#26. I have received notice that they will be inspected because of renters in both properties. #11 is no longer a rental. #26 is still rented. Also it is an injustice that anyone is charged an inspection for these properties because H.O.A. is responsible for the property maintenance outside. We pay$270 dues and code enforcement would not call the owner if they see a problem. They only call H.O.A. We are being over charged twice for no reason. Nancy Greeley Councilmember Gene Hays, stated that the program should be terminated. He feels that staff should start from scratch and work with the residents to come up with a program that implements the concerns that have been discussed today at the workshop. He feels that it is the job of the Code Enforcer to ensure that the properties are kept up to code and that the City may not need a program of this type. n . z = _ \ & R \ 7 $ 2 R G / O . . . . . r - - - U- O 0 N N N > CO O V Cr) N M > I� ti O O r V N o O 0 C U r r Z N r N CO O > LL O I- H Q U CC 06 Q Z J Z 0 u- CD O -J O Z m 2 0 0 O _ -J U a Z U N U U U) U)>- F- >- 0 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 3 Councilmember Darcy McNaboe, stated that Council has heard from the apartment owners who have a different take on their rental properties and feels that there should be something that can be done that would be fair to everyone. She feels that the H.O.A.'s should not be charged double fees. She does have concern with single family residences that are rental properties and ensuring that they are kept up to code. She feels that there needs to be a change with the relationship with the business owners. Councilmember Bernardo Sandoval, feels that the program needs to be changed. The goal of the program needs to be identified. He feels that the concerns brought up are valid and suggested that a tier system may be an option so that it is fair for everyone. He appreciates all those who attended the workshop. He feels that there is a common purpose and it is Staff's intention to improve the program. He would like staff to work with the individuals that are in attendance to come up with a program that works for everyone. Mayor Pro Tem Lee Ann Garcia, stated that staff sees that there needs to be changes made with the program and suggested that staff meet with the individuals that have spoken regarding this issue and to work through the details for everyone to agree on. She feels that Senior Code Enforcement Officer Barrie Owens is very fair and their concerns should be able to be resolved. Mayor Walt Stanckiewitz, questioned if staff has had any issues with the condominium properties. Community and Economic Development Director Powers, responded that there are no issues with the condominium properties and staff is recommending that those properties be eliminated from the program. The prior inspector is no longer with the City and the current Senior Code Enforcement Officer will be working with the property owners to educate them. It is staffs goal to make the program fair. She feels that their concerns are legitimate. She indicated that there is an appeal process within the program and that if the property owners have concern with prior inspections that were done, staff will can go back and review them to ensure that they were handled properly. Mayor Stanckiewitz, feels that the basics of the program are good but some of the guidelines need to be refined. He would like those that expressed their concerns at the workshop to be able to participate in the process of updating the program, if that is their desire. The Council directed staff to work with the group that have expressed concerns with the Rental Inspection Program to see if they can resolve the issues and determine later if an additional Workshop will need to be held. Mayor Stanckiewitz closed the workshop at 6:00 p.m. F- >- 0 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 4 Mayor Stanckiewitz convened the City Council Meeting at 6:10 p.m. The City Council meeting was opened with an Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Bernardo Sandoval. SPECIAL PRESENTATIONS - None CONSENT CALENDAR CC-2011-100 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0,to approve the following Consent Calendar Items with the removal of Item 3D. Treasurer's Report—September 30, 2011: 3A. Approve Check Register No. 10-25-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-25-2011 Minutes ITEM REMOVED FROM CONSENT CALENDAR 3D. Treasurer's Report - September 30, 2011 Council did not take action on this item. It will be brought back to the Council at a later date. PUBLIC COMMENT - None COUNCIL REPORTS Councilmember Bernardo Sandoval, commended the Sheriffs Department and Staff on all of the work that has been done with the raves. He thanked Low Brow Ink and Bowen Hayes for all of their efforts for Breast Cancer Awareness. He heard many great stories on cancer survivors at their events. He would like them to be recognized for their efforts. He reported that the Halloween event was a great event and he had a lot of fun. He feels that it is a reminder of what a great community he lives in. He feels that there is a great sense of community and a strong interest for the City to excel during these very difficult economic times. Councilmember Gene Hays, stated that the Country Fair was a great event. He met a lot of people and had good conversations. There were a lot of vendors and would like to see the event prosper. t Senior Code Enforcement Officer will be working with the property owners to educate them. It is staffs goal to make the program fair. She feels that their concerns are legitimate. She indicated that there is an appeal process within the program and that if the property owners have concern with prior inspections that were done, staff will can go back and review them to ensure that they were handled properly. Mayor Stanckiewitz, feels that the basics of the program are good but some of the guidelines need to be refined. He would like those that expressed their concerns at the workshop to be able to participate in the process of updating the program, if that is their desire. The Council directed staff to work with the group that have expressed concerns with the Rental Inspection Program to see if they can resolve the issues and determine later if an additional Workshop will need to be held. Mayor Stanckiewitz closed the workshop at 6:00 p.m. F- >- 0 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 5 Councilmember Darcy McNaboe, felt that the Halloween Harvest as well as the County Fair were great events. These two events show what kind of people that we have in our volunteers, they get together and make memorable events that are fun for everyone. She is excited to know that the City has strong Committees that will continue to do these traditions and is looking forward to next years events. An informal dedication for the Veteran's Memorial will be held on Friday, November 11, 2011 at 10:00 a.m. at Pico Park. She thanked staff for the trimming of bushes along Barton Road and stated that it looks very nice. She questioned the parking issue at the end of Minona and feels that it is a very hazardous situation. She wished everyone a Happy Thanksgiving. Mayor Pro Tern Lee Ann Garcia, stated that the Halloween Festival was a great event as well as the Country Fair. She thanked staff for the outreach that they are doing with the residents on the new park. She thanked Building and Safety/Public Works Director Shields for taking care of the restroom situation at Rollins Park. There seems to be an ongoing issue at the Richard Rollins Park restrooms and encouraged residents to let staff know when there is a problem in the community. City Manager Betsy Adams, stated that the restroom issue is an ongoing problem that she and Building and Safety/Public Works Director Shields have been discussing. If the problem continues they may have to bring something back to the Council for action. Mayor Pro Tem Garcia, reported that the head coach for football program at the new high school was announced and congratulated Coach Strauss. She wished everyone a Happy Thanksgiving. Mayor Walt Stanckiewitz, reported that AB1236 was approved and it prohibits City's from requiring those who do business with them to use the federal electronic employment verification system (e-verify) to ensure employment eligibility, which gives illegal immigrants the same rights to find jobs as lawful citizens. He thanked the Sheriffs Department for catching individuals who were stealing copper wire in Loma Linda. He reported that he attended the ground breaking for Colton Crossings, which is a project that has been a long time coming. The project will separate the tracks that cross in Colton. One of the tracks will be elevated so there won't be any traffic issues and it will also allow them to make that portion of Colton a quiet zone. Grand Terrace as a community will also benefit from this project. The project will generate 2,000 jobs. He stated that 90% of the freight that goes through California goes through that crossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 6 Manager. City Manager Adams, indicated that the City will recognize the individuals from Low Brow Ink and members of the Grand Terrace Woman's Club that participated in the Breast Cancer Awareness events as well as those individuals that volunteered for the Halloween Festival and Country Fair at a City Council meeting in January 2012. PUBLIC HEARINGS - None UNFINISHED BUSINESS - 7A. Noise Complaints Due to Escape from Wonderland Event at the National Orange Show City Manager Betsy Adams, stated that despite multiple conversations, meetings and site visits with the National Orange Show, impacts from Insomniac's Escape from Wonderland event on October 29 were not mitigated. The Sheriffs Department received 58 noise complaints from Grand Terrace and Loma Linda residents for this one-day event versus 75 complaints during the two-day event in September. As a result of these noise complaints the Sheriffs Department cited the National Orange Show General Manager for disturbing the peace (California State Penal Code 4154). While at the Escape from Wonderland Event, the Sheriff's Department learned that Insomniac plans to have another event at the National Orange Show on March 17, 2012, Saint Patrick's Day. Prior to this event, the Council may want to have staff research legal options available to the City to require the National Orange Show to mitigate noise impacts to Grand Terrace from its events and legal options available to residents to require the National Orange Show to mitigate noise impacts from its events. To ensure that the City was prepared if noise mitigation efforts were not successful, staff worked with the Sheriff's Department to have additional law enforcement resources on patrol in Grand Terrace and at the National Orange Show the night of October 29. The cost for this additional law enforcement was$2,952.98. Staff is recommending that the City file a claim with the National Orange Show to seek reimbursement for this expense. Lt. Steve Dorsey, San Bernardino County Sheriff's Department gave an overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 7 Councilmember Hays, recommended that the City file an injunction. Councilmember Sandoval, indicated that he would like to know the cost of filing an injunction and what the process would be. He thanked the Sheriff's Department. Mayor Pro Tem Garcia, confirmed that Sgt. Finneran and Lt. Dorsey were both in attendance and questioned how the extra law enforcement will be paid for. Lt. Dorsey, confirmed that he and Sgt. Finneran were both on site at the National Orange Show and in Grand Terrace throughout the evening. City Manager Adams, stated that the City will be looking into filing a claim against the National Orange Show to cover the costs of the extra law enforcement. Mayor Stanckiewitz, indicated that there are several people on board that want to fix this issue. He thanked the Sheriffs Department for all of their efforts and commended them for doing a great job. City Attorney Richard Adams, stated that he will review the issue and look at several different options and will come back to the Council with recommendations. CC-2011-101 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to direct the City Attorney to do the research, investigation and a cost analysis on the appropriateness of filing an injunction and joining this company from continuing with a public nuisance in March. NEW BUSINESS 8A. Appropriation of Waste Water Disposal Fund for Temporary Professional Staff— Sewer Billing Conversion Bill McKeever, President of the Board of Directors for Riverside Highland Water Company, clarified the water company's position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Council Minutes 11/08/2011 Page 8 The Council did not take action on the Appropriation of Waste Water Disposal Fund for temporary Professional Staff— Sewer Billing Conversion It was the consensus of the Council to have Riverside Highland Water Company continue to provide Commercial Sewer Billing for the City and requested that they provide an agreement for approval. It was also the consensus of the Council to have Riverside Highland Water Company give an update/presentation to the Council at a future meeting. Mayor Stanckiewitz recessed the City Council Meeting at 7:35 p.m. The City Council Meeting was reconvened at 7:40 p.m. CLOSED SESSION 9A. Labor Negotiations per Government Code 54957.6 City Labor Negotiator— Betsy M. Adams Negotiated With —All Unrepresented Employees The City Council recessed into Closed Session at 7:40 p.m. The City Council Meeting was reconvened at 8:07 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Labor Negotiations per Government Code 54957.6. Direction was given to the City Manager as the negotiator to proceed. No final action was taken by the Council. Mayor Stanckiewitz adjourned the meeting at 8:07 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, December 13, 2011 at 7:30 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace ublic nuisance in March. NEW BUSINESS 8A. Appropriation of Waste Water Disposal Fund for Temporary Professional Staff— Sewer Billing Conversion Bill McKeever, President of the Board of Directors for Riverside Highland Water Company, clarified the water company's position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Approvals Finance Director (if applicable) B.S. *r City Attorney RLA *OA.. City Manager bma AG EN DA REPORT MEETING DATE: November 8, 2011 Council Item (X) CRA Item ( ) TITLE: Treasurer's Report— September 30, 2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. This reports all cash held and invested by the city. All fiscal agent funds are related to bond issues for which the city has limited authority to access and invest funds as controlled by the bond indenture. DISCUSSION: Quarter-to-Date Total cash and investments decreased $4,502,330 or 13.77% over the previous quarter end for a total of $32,706,683. The cash decrease is attributable to the normal lack of revenue receipts in the first quarter, coupled with large expenditure requirements paid in the first quarter. Some of the large expenditures included $1,397,444 to purchase 14.22 acres on Van Buren, $2,054,577 to US Bank for bond debt service and $127,424 to Zion's Bank. The average yield continues to stay low as investment income yields continue to decline. LAIF net yield is now approximately .38% in September 2011 compared to 1.51% in June 2009. Overall cash and investments, including cash with fiscal agent, decreased 12.59% to $35,764,483. June 30, 2011 "Cash with Fiscal Agent" did not include the 2011 B Tax Allocation Bond reserve of $476,906 and is now presented correctly for June 30 and September 30, 2011. COUNCIL AGENDA ITEM NO. 3D position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Prior Year-to-Date Total cash and investments increased $16,534,032 or 50.55% over the previous year from a total of $32,706,683. Excluding "net" bond proceeds, cash decreased $597,196 from the previous year. Overall cash and investments, including cash with fiscal agent, increased 51.15% to $35,764,483 compared to the same time a year ago. On June 16, 2011, the CRA received $18,528,672 of proceeds from the sale of the 2011A and 2011B Tax Allocation Bonds and an additional $1,757,800 required bond reserve was established with the Trustee from other proceeds. $1,397,444 of proceeds from the 2011 B Tax Allocation Bonds were used during the quarter ending September 30, 2011 to purchase property. Change in Treasury Position - Fiscal Year-to-Date Compared to Previous Quarter June30 Sep30 yo 2011 2011 Change Chg Investment Pools 34,293,792 31,030,898 -3,262,894 -10.5 Investment Instruments 1,081,032 1,081,008 -24 0 Funds with Institutions 1,834,189 594,777 -1,239,412 -208 Total Cash and Investments $37,209,013 $32,706,683 -4,502,330 -13.7 Funds with Fiscal Agent 3,057,800 3,057,800 0 0 Total $40,266,813 $35,764,483 $-4,502,330 -12.6 decline. LAIF net yield is now approximately .38% in September 2011 compared to 1.51% in June 2009. Overall cash and investments, including cash with fiscal agent, decreased 12.59% to $35,764,483. June 30, 2011 "Cash with Fiscal Agent" did not include the 2011 B Tax Allocation Bond reserve of $476,906 and is now presented correctly for June 30 and September 30, 2011. COUNCIL AGENDA ITEM NO. 3D position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Change in Treasury Position - Fiscal Year-to-Date Compared to Previous Year June 30 Sep 30 2010 2011 Change Chg Investment Pools 14,307,657 31,030,898 16,723,241 53.9 Investment Instruments 1,081,029 1,081,008 -21 0 Funds with Institutions 783,965 594,777 -189,188 -31.8 Total Cash and Investments $16,172,651 $32,706,683 $16,534,032 50.5 Funds with Fiscal Agent 1,300,000 3,057,800 1,757,800 57.5 Total $17,472,651 $35,764,483 $18,291,832 51.1 FISCAL IMPACT: The purpose of this report is to report the current cash and investment position. There is no financial impact due to this report. Respectfully submitted: Bernie Simon, Finance Director ATTACHMENTS: Treasurer's Report September 30, 2011 Treasury Cash Position History to September 30, 2011 Council Action Approved as Recommended: Denied/Other: Council Motion: 81,008 -24 0 Funds with Institutions 1,834,189 594,777 -1,239,412 -208 Total Cash and Investments $37,209,013 $32,706,683 -4,502,330 -13.7 Funds with Fiscal Agent 3,057,800 3,057,800 0 0 Total $40,266,813 $35,764,483 $-4,502,330 -12.6 decline. LAIF net yield is now approximately .38% in September 2011 compared to 1.51% in June 2009. Overall cash and investments, including cash with fiscal agent, decreased 12.59% to $35,764,483. June 30, 2011 "Cash with Fiscal Agent" did not include the 2011 B Tax Allocation Bond reserve of $476,906 and is now presented correctly for June 30 and September 30, 2011. COUNCIL AGENDA ITEM NO. 3D position on the sewer billing issue between them and the City of Grand Terrace. He feels that there has been a lack of communication between the City and Riverside Highland Water Company and it was never their intention for them to stop doing the sewer billing for the City. They do not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Grand Terrace CALIFORNIA City of Grand Terrace CRA of Grand Terrace Cash&Investment Report September 30,2011 FUNDS IN INVESTMENT POOLS Book PAR Market Yield Maturity California Asset Management Program 3,870,363 3,870,363 3,870,363 0.120% n/a State Treasurer-LAIF. City Account 3,753,272 3,753,272 3,760,207 0.380% n/a State Treasurer-LAIF. CRA Account 23,407,263 23,407,263 23,450,510 0 380% n/a TOTAL 31,030,898 31,030,898 31,081,079 INDIVIDUAL INVESTMENT INSTRUMENTS US Bank Safekeeping First American Treas Oblig Fnd 1,071,782 1,071,782 1,071,782 0 010% n/a First Financial Equity-Money Market 9,226 9,226 9,226 0 050% n/a TOTAL 1,081,008 1,081,008 1,081,008 FUNDS WITH BANK INSTITUTIONS Account Insured Other Total Name Deposits Deposits Deposits Yield Maturity Bank of America General 240,945 0 240,945 0 000% n/a Bank of America Savings 250,000 21 250,021 0 100% n/a Bank of America Payroll 9,811 0 9,811 0.000% n/a Bancomer CD 94,000 0 94,000 0 500% 6/8/12 TOTAL 594,756 21 594,777 Duration GRAND TOTAL Book PAR Market _Ave Days Ave Rate INVESTMENTS 32,455,927 32,455,927 32,506,108 1.05 0.332% CASH 250,756 250,756 250,756 GRAND TOTAL 32,706,682 32,706,682 32,756,864 Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 2004 TABS 1,300,000 1,300,000 1,300,000 0 010% n/a First American Treasury Obligations 2011A TABS 1,280,894 1,280,894 1,280,894 0.010% n/a First American Treasury Obligations 2011 B TABS 476,906 476,906 476,906 0.010% n/a TOTAL FUNDS WITH FISCAL AGENT 3,057,800 3,057,800 3,057,800 not want a confrontational relationship with the City and offered assistance with the commercial sewer billing or with the transition of it to another entity. n overview of the night of the event from his perspective and stated that the City and the Sheriff's Department did what they said they were going to do. He stated that the General Manager of the National Orange Show was cited. The Sheriff's Department will complete their investigation and then turn it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO ' • CO CO ti Cr) 0 Cr) O) 0 1. CO O CO COON- 0 CO Tr 0r C�) a0OO) Ot) (cD C) OOt() 1- 01- 0 N r r• N M Lri co co co EA EA N N O) M O M O) M CO r 0 r 1- 0r00000 Or M• COMOI) co M p N O 0 N O N O (NI r r N- Cr;O- M CT) EA EA- ,- r CO 0 () N M (D r O N- O 0 CO N. 0 1,- T." r CO r 6C6 O O S.2CC) 000C.) () CD O MN tn .l- N.:N'... C0 r r r E!> EA w .. c Q N O• N a- N 0 N u CO O nt MOM N H r0O) rNMOM c LL re ND N CO t() 0 t() t OOOrOMM a Ili r N r• r N- r a0 c F- r r r fg to ea t NO Q m 1 U LL hO) tr> rOr Ii a to N co t(') O t() >' CD 0 0) (O 0 (O m O O 0 CO C• MO N O M r coO ti r co.d' Z o .. . . m m O ON er (- r IZ,%_ O N N M M O M = miui� z 6) = O N CO O 0 lL Irli.111111n _ /fin O O CO f- O 1� V � O M O co`7 � M � Q uiiii ``,,, ZZ N r r EA r EA (F./� _u.IuI- F- ``Jt�G z co 0 0 .- 0 ,- 0_ imiii•.. O Gin I- MC N 00 CD 0OMOr CO 0 uuuiiiu. `-7O�L o o •imuriii� O) M000) a0N- co p co co O M O UIUUI,■■ `,,�L ✓ r N (O r EA r EA ....I,... ,`J�'i' 1co CO� MO � Tt O � •SL1Il. 6b, `�/+ NOO) M �I- ...�...� �O4, 5.2 00 (O CO co• M M 0 M 6' � O ti0t() NI- () N a O N r• (D r I� 0 0 0 0 0 0 0 0 a°'S r r 0 O O O 0 O 0 o CO, EA o 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 o O O o . v.) () N N to -C (0) 69 c fa.) fA Er} fA fA CA- E9 a) E C N C) O) O > Q N c To O to 0 0 a 5 (�o ii c w N r E• y v to N C _N C _ G3 C 7 0 7 o Ll_ H LL H it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Approvals Finance Director (if applicable) or). City Attorney RLA Ak -.A6 City Manager bma M .u7104011Pa AG EN DA RE PORT MEETING DATE: November 8, 2011 Council Item ( X ) CRA Item ( ) TITLE: Noise Complaints due to Escape from Wonderland Event at the National Orange Show PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Review impacts from Escape from Wonderland Event and provide further direction to staff. BACKGROUND: On September 23-24, 2011, Insomniac staged a two-day electronic dance concert, Nocturnal Wonderland, at the National Orange Show in San Bernardino which resulted in the San Bernardino County Sheriff's Department receiving 75 noise complaints from Grand Terrace and Loma Linda residents. A Council Workshop was held on October 11 to provide an update on efforts to mitigate the noise from future events at the NOS. At the October 25 Council Meeting, the Council received additional information on the mitigation efforts as they specifically related to Insomniac's Escape from Wonderland event scheduled for the National Orange Show on October 29. DISCUSSION: Despite multiple conversations, meetings and site visits with the National Orange Show, impacts from Insomniac's Escape from Wonderland event on October 29 were not mitigated. The Sheriffs Department received 58 noise complaints from Grand Terrace and Loma Linda residents for this one-day event versus 75 complaints during the two- day event in September. As a result of these noise complaints the Sheriffs Department cited the National Orange Show General Manager for disturbing the peace (California State Penal Code 415). The Sheriff's Department's press release on this incident is included as Attachment A. In addition to these 58 noise complaints, the Sheriff's Department contacted the Police Departments in nearby cities to obtain their number of noise complaints due to Insomniac's Escape from Wonderland event at the National Orange Show. A summary of these noise complaints is provided in the following table: COUNCIL AGENDA ITEM NO.7P O) O > Q N c To O to 0 0 a 5 (�o ii c w N r E• y v to N C _N C _ G3 C 7 0 7 o Ll_ H LL H it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO r Noise Complaints due to Escape from Wonderland Event at National Orange Show Page 2 Noise Complaints Escape from Wonderland Event at National Orange Show October 29, 2011 City # Colton 48 Grand Terrace 34 Loma Linda 24 San Bernardino* 92 Unincorporated San Bernardino County 1 Total 199 *Redlands Police Department forwarded noise complaints to San Bernardino Police Department. While at the Escape from Wonderland Event, the Sheriffs Department learned that Insomniac plans to have another event at the National Orange Show on March 17, 2012, Saint Patrick's Day. Prior to this event, the Council may want to have staff research and provide information on the following: • Legal options available to the City to require the National Orange Show to mitigate noise impacts to Grand Terrace from its events. • Legal options available to residents to require the National Orange Show to mitigate noise impacts from its events. Information on these options would then be provided to Council at a future Council Meeting or possibly in Closed Session. FISCAL IMPACT: To ensure the City was prepared if noise mitigation efforts were not successful, staff worked with the Sheriffs Department to have additional law enforcement resources on patrol in Grand Terrace and at the National Orange Show the night of October 29. The cost for this additional law enforcement was $2,952.98. Staff recommends that the City file a claim with the National Orange Show to seek reimbursement for this expense. Respectfully submitted: Betsy . Ad ms, City Manager ATTACHMENTS: Department's press release on this incident is included as Attachment A. In addition to these 58 noise complaints, the Sheriff's Department contacted the Police Departments in nearby cities to obtain their number of noise complaints due to Insomniac's Escape from Wonderland event at the National Orange Show. A summary of these noise complaints is provided in the following table: COUNCIL AGENDA ITEM NO.7P O) O > Q N c To O to 0 0 a 5 (�o ii c w N r E• y v to N C _N C _ G3 C 7 0 7 o Ll_ H LL H it over to the District Attorney. Councilmember McNaboe, expressed her concern with trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO I Noise Complaints due to Escape from Wonderland Event at National Orange Show Page 3 Attachment A: San Bernardino County Sheriff Department Press Release on Disturbing the Peace Incident at National Orange Show on October 29, 2011 Council Action Approved as Recommended: Denied/Other: Council Motion: 0 • U ° CL, M� \ \ 00 £ J / > b >- L 0 Z CC \ 2 _I _I a) f o \ t A 0. \ k 2 a E 2 a \ ' k o m 9 2 2 d f g g .. > > 0 0 k / 2 0 C c / C) � co > © i Attachment A San Bernardino County Sheriff Department Press Release on Disturbing the Peace Incident at National Orange Show on October 29, 2011 County Sheriff Department Press Release on Disturbing the Peace Incident at National Orange Show on October 29, 2011 Council Action Approved as Recommended: Denied/Other: Council Motion: 0 • U ° CL, M� \ \ 00 £ J / > b >- L 0 Z CC \ 2 _I _I a) f o \ t A 0. \ k 2 a E 2 a \ ' k o m 9 2 2 d f g g .. > > 0 0 k / 2 0 C c / C) � co > © I San Bernardino County Sheriffs Department Current Press Release PC 415 DISTURBING THE PEACE --11/1/2011 ORANGE SHOW , VICTIM: SUSPECT: On October 29,2011 the National Orange Show Event Center hosted the Escape from Wonderland,a rave style event.This event critically impacted the San Bernardino Sheriff's Department patrol and dispatch operations. The Sheriff's Department provides law enforcement services to the incorporated cites of Grand Terrace and Loma Linda.During the past two raves held at the Orange Show,the Sheriff's Department received numerous complaints which were brought to the attention of the Orange Show and the promoter,Insomniac.Both assured the Sheriffs Department and the City of Grand Terrace they would do everything possible to mitigate the noise. The City of Grand Terrace provided six deputies to monitor the event including a Lieutenant and Sergeant.These positions were in addition to the regular staffing levels in the city,and were not reimbursed by the promoter. While monitoring the noise level around the Orange Show grounds,Deputies made several arrests for possession of illegal narcotics and possession for sales of illegal narcotics.Two suspects were arrested for drunk in public and one for driving under the influence.Additionally,the Santa Fe Railroad Police arrested a registered sex offender for possessing burglary tools and was loitering around vehicles parked in the street surrounding the event. The Escape from Wonderland generated over 50 noise complaints from the cities of Grand Terrace and Loma Linda.The Colton Police Department received more then 40 noise complaints.The City of Redlands received numerous complaints however they referred the callers to the San Bernardino Police Department and did not document the calls.The general manager of the Orange Show was cited for the noise disturbance and the report will be forwarded to the District Attorney's office for review. Anyone with additional information can contact Detective Wayne Martin at (909)387-3522. Refer:Sgt Ed Finneran Station:Central Station Phone No.:(909)387-3545 ROD HOOPS,SHERIFF SAN BERNARDINO COUNTY SHERIFF-CORONER DEPARTMENT do Public Affairs Division 655 East Third Street San Bernardino,California 92415-0061 Telephone: (909)387-3700 h trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO Approvals Finance Director (if applicable) B.S. O r y`° City Attorney RLA fCity Manager bma AG E N DA RE PORT MEETING DATE: November 8, 2011 Council Item (X) CRA Item ( ) TITLE: Appropriation of Waste Water Disposal Fund for Temporary Professional Staff— Sewer Billing Conversion PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve, appropriate and authorize City Manager to execute standard contract with Muni Temps. BACKGROUND: Since 2000, Riverside Highland Mutual Water Company (RHMWC) has agreed to bill the Grand Terrace sewer user charges along with the water bill. In exchange, the City reimbursed a share of the RHMWC billing costs. The costs were roughly $1,250 to 1,500 per month. RHMWC has recently advised the City that it will no longer bill sewer user charges with the water bill. RHWC did not disclose a reason for the change. The City billed a separate bimonthly sewer invoice to residents and businesses prior to budgetary reductions in 1999. DISCUSSION: Staff has been exploring alternate ways to bill sewer charges for some time and has had discussions with Burrtec to take over the sewer charge billing. On September 27, 2011 Council adopted a resolution to accommodate Burrtec to do sewer billing. Staff and Burrtec anticipate that the flat fee residential sewer charge will be billed bimonthly with the trash fee and such conversion should generally proceed with not too many problems. However, commercial sewer billing creates a greater challenge because it is generally based on water usage, and since 2003 may also be a function of the type of discharge, and thus needs a variable charge billing system which Burrtec system which does not have. Since the City has less than 100 commercial sewer customers, the best short term solution is for the City to handle commercial sewer billing. Staff is requesting the help of a temporary senior accountant to undertake the commercial sewer billing project as well to assist staff with other sewer fund (Waste Water Disposal Fund) accounting assignments. COUNCIL AGENDA ITEM NO. Station:Central Station Phone No.:(909)387-3545 ROD HOOPS,SHERIFF SAN BERNARDINO COUNTY SHERIFF-CORONER DEPARTMENT do Public Affairs Division 655 East Third Street San Bernardino,California 92415-0061 Telephone: (909)387-3700 h trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO , The project scope would include, but is not limited to: • Observation, documentation of current commercial billing procedures • Create database for commercial customers, reconcile data base to other city databases • Reconciliation of commercial billing trial balance account receivables • Analyze account receivables • Assist in billing rates in accordance to the adopted requirements of City of Colton/City of Grand Terrace, including the 2004 ordinance and rates. Confer with staff, Burrtec and Black and Veatch (City's sewer technical consultant), as may be needed. • Set up a temporary billing system and history file of commercial users, including billing profile, billing book for commercial customers, receipting system and all applicable procedures • Reconcile list of sewer connections to Waste Water Disposal Fund and prepare vouchers • Assist residential sewer customer change over, as needed Staff has reviewed and selected a temporary senior accountant from MuniTemps. The cost is $49 per hour. It is anticipated that the project may take three months at a cost of $21,200 based on a 36 hour work week. Staff is requesting an appropriation of $25,000 from the Waste Water Disposal Fund -21 to cover any additional time and contingency cost that may be required to complete this time sensitive project. FISCAL IMPACT: Funding for a temporary professional staff person is not included in FY 2011-12 and will require an appropriation from available undesignated, unreserved Waste Water Disposal Equity Balance. Appropriation of $25,000 would reduce the projected available WWD fund equity to $1,360,151 and increase expenditure budget line item 21-140-250. Respectfully submi ed: Bernie Simon, Finance Director ATTACHMENTS: None Council Action Approved as Recommended: Denied/Other: Council Motion: short term solution is for the City to handle commercial sewer billing. Staff is requesting the help of a temporary senior accountant to undertake the commercial sewer billing project as well to assist staff with other sewer fund (Waste Water Disposal Fund) accounting assignments. COUNCIL AGENDA ITEM NO. Station:Central Station Phone No.:(909)387-3545 ROD HOOPS,SHERIFF SAN BERNARDINO COUNTY SHERIFF-CORONER DEPARTMENT do Public Affairs Division 655 East Third Street San Bernardino,California 92415-0061 Telephone: (909)387-3700 h trying to keep this from becoming just the price of doing business. rossing. 110 trains per day go through that crossing and this improvement will allow four more. He requested that a Closed Session Item be agendized for the next Council Meeting to discuss an Evaluation of the City 0 0 O z U 0 w Z 0 a Q Z O ZQO LU U 0 I Q 2 U) J_ U 000 U U � U) � D 5. L O CC) r- co co ti co O O -a U) O co - CO co co 000 0) C CO I,- ,- r- CO O O N- r- d O O •- O c- — O o aCo O o 0 0 0 0 co 0 o O X- r O co Y o O O o 0 0 o O O ID 0 03 N N N N N N N N N 04 _0 p oO CO CO CO CO CO CO CO CO r C" ♦._ r r r r r r a- y r •0 0 4.0 to co N N C) OS) 00) O O O O O O O r Y 0 O C 7 M M -4' -al V' V C) r m 0 CO CO CO CO CO CO CO CO CO > r O O O O O O O O O 0 an 0 t' N N N N N N N N N N -0 Q a) CO CO CO CO CO CO CO CO V— A— e- r- r- r- V- = A- c- T- T CD -d 0 Q) N Y C CA CA 0 CA C) O) CD O) O) co Co co co co co co co co 2 O C 7 N N N ti N N N N N ' m > CO CO CO CO CO CO CO CO CO