Loading...
05/08/2003 FILE COPY ' O GRAND TERR CE May 8,2003 22795 Barton Road Grand Terrace California 92313-5295 - Civic Center (909)824-6621 Fax(909)783-7629 Fax(909)783-2600 CITY 'OF GRAND TERRACE Lee Ann Garcia Mayor CRAJCITY COUNCIL Maryetta Ferr6 Mayor Pro Tem REGULAR MEETINGS _ Herman Hilkey DonLarldn 2ND AND 4TH Thursdays - 6:00 p.m. Bea Cortes Council Members , Thomas J.Schwab ' City Manager Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS MAY 8, 2003 GRAND TERRACE CIVIC CENTER 4:30 P.M. Workshop 22795 Barton Road 6:00 PM Regular Meeting j BiLIT-WSACT 004990.41KY013 �M CITY OFJG RRACECOMPLIESWI,,TIHIT-HEAMERItANS,.Wl�THI)19A, "REQiJIRE SPECIAL ASSISTANCE TO 'INTHIS, 8 -AL MEET PLEA EFC L.THE CITY CLERK'S . :49416URS"p�,OFFICE.AT490g)-.8 AST; RIOR­-T,O"THEM ETIN.G.-- ,,2+6621,ATLE L JC� YOV,'1)ESIRE TO:ADDRES S411EXITY'°COVNCIL"j) G-THKME TiNb,OTHER'-THAN,,.-UNDE-R'PV'B-L _CQMMENT,_YOU ARE X9Khi T,6"F'LE ASE' OMPLE I"&F -jRE TJ6,'SPEAK FO RM AVAILABLE AT THE, MAYOR AT­�2 SPkAkEA&WILL'BeCAL"LED"UPONBYTHE JkNT,RANCE' DTRESEX;TIT,,.T ',f,.H'E' CITY CLERK m 0 R U- TE, Call to Order- Invocation- Pledge of Allegiance- Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION, ACTION WORKSHOP TO DISCUSS THE FORMATION OF A GRAND TERRACE FOUNDATION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 04-24-2003 Minutes Approve 2. Combined Cash and Investments Treasury Report for Quarter Approve Ended March 31,2003 ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Proclamation-Water Awareness Month,May 2003 B. Water Awareness Poster Contest Winners-Terrace View Elementary 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approval of Check Register Dated May 8,2003 Approve B. Ratify 05-08-2003 CRA Action COUNCIL AGENDA 05-08-2003 PAGE 2 OF 2 AGENDA ITEMS_ STAFF COUNCIL RECOMMENDATIONS ACTION C. Waive Full Reading of Ordinances on Agenda' D. Approval of April 24,2003 Minutes Approve E. Lease Agreement with Site Management Services(SMS) Approve for the Wireless Location in Rollins Park F. Resolution Authorizing Nomination of a Project for Approve Funding From the Safe Route to School Program G. Combined Cash and Investments Treasury_Report for Approve Quarter Ended March 31,2003 4. PUBLIC COMMENT - 5. ORAL REPORTS A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of April 7,2003 Accept B. Council Reports 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. Appointment to the County of San Bernardino Solid Waste Appoint Advisory Task Force 9. CLOSED SESSION-None ADJOURN t THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,MAY 22,2003. ....................................................................................................................... AGENDA ITEM REQUESTS FOR THE 05-22-2003 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 05-15-2003. PSMING G R A APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-APRIL 24, 2003 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 April 24, 2003 at 6:00 p.m. ~ PRESENT: Lee Ann Garcia, Chairman Maryetta Ferr6, Vice-Chairman Herman Hilkey,Agency Member Tom Schwab,Executive Director Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow,Finance Director Jerry Glander,Building&Safety Director Gary Koontz, Community Development Director Lt. Guerra, Sheriff's Department ABSENT: Don Larkin, Agency Member Bea Cortes, Agency Member John Harper, City Attorney APPROVAL OF 04-10-2003 MINUTES CRA-2003-14 MOTION BY VICE-CHAIRMAN FERRE, SECOND BY AGENCY MEMBER HILKEY, CARRIED 3-0-2-0 (AGENCY MEMBERS LARKIN AND CORTES WERE ABSENT), to approve the April 10, '2003 Community Redevelopment Agency Minutes. APPROPRIATION FOR LAND APPRAISAL CRA-2002-15 MOTION BY AGENCY MEMBER HILKEY, SECOND BY VICE-CHAIRMAN FERRE, CARRIED 3-0-2-0 (AGENCY MEMBERS LARKIN AND CORTES WERE ABSENT), to authorize the appropriation of $10,000.00 from the " Redevelopment Agency for the purpose of conducting any needed appraisals on the High School site property. Chairman Garcia adjourned the Community Redevelopment Agency Meeting at 6:10 p.m.until the next CRA/City Council Meeting scheduled to be held on Tuesday,May 6,2003,2003 at 5:00 p.m. CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes April 24,2003 Page 2 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 of the CITY OF GRAND TERRACE TANFAEFORT 0 ROMP TERRI C CRA ITEM(X) COUNCIL ITEM MEETING DATE: May 8, 2003 AGENDA ITEM SUBJECT: COMBINED CASH AND INVESTMENTS TREASURY REPORT FOR QUARTER ENDED MARCH 31, 2003 FUNDING REQUIRED NO FUNDING REQUIRED XX The CRA and'City are required to present quarterly investment reports to their governing boards in accordance with Government Code Section 53646 (b)(1)...(3). The report would include all moneys held by the Agency or City and all moneys held by third parties that belong to the Agency or City with the exception of any pension or deferred compensation moneys. This code section requires that: 1) Report must be produced 30 days after end of quarter, 2)Report must comment on compliance with investment policy, 3)Report must comment if agency has ability to meet expenditures for next six months, 4)Report must include a description of the investment, type of investment, issuer, investment pool or program information, date of maturity and amount invested, 5)Report must include book value and current market value of each investment, 6)Report must indicate source, of the market valuation. CRA AGENDA ITEM NO.-2— CRA of the CITY OF GRAND TERRACE Page 2 The CRA and City engaged the consulting division of Vavrinek, Trine,Day and Company, Certified Public Accountants and Consultants (VTD), to assist the agencies in preparation of a combined investment report. The scope of their work includes a review of the quarterly investment statements and bank statements, a compliance review with the investment policy and government code, obtaining market valuations and preparing the report. Staff would like to continue with investment reporting assistance from VTD as long as the State continues funding reimbursement for this line item. Staff welcomes any questions or comments from the Agency Board. Staff Recommends that the Agency Board: Accept the Combined Cash and Investments Treasury Report for the Quarter Ended March 31, 2003. ^ys: -,&r a cc r;z i 4tw Water Awareness Month 15 May 2003 WHEREAS, water is our citizens and, our areas most precious, and necessary natural resource; -and WHEREAS, to insure an ample supply of good quality water for our , residents, we must all work together to effectively conserve and protect the local water resources; and WHEREAS, by educating all citizens about the value of water and the importance of conservation, we can make wise decisions regarding our personal,family, and community water use habits; and WHEREAS, during the month of May, the City of Grand Terrace joins with Riverside Highland Water Company; other water agencies, and the entire state of California to work together to increase the understanding of ater—Is-L NOW, THEREFORE, I, Lee Ann Garcia Mayor of the City of Grand Terrace on behalf of the City Council, do hereby proclaimMay 2003 as WATER AWARENESS MONTH and urge all citizens to be responsible 1 water users and protectors. x Mayor of the City of Grand Terrace and of the City Council thereof. This 8 Ih day of May, 2003 ` .fir'. I'I f U, V L uY 'P.. Check Register Dated May 8, 2003 vchlist Voucher List PENDING COY Page: 1 04/30/2003 5:04:35PM CITY OF GRAND TERRACE COUMCIL APPROVAL Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 51581 4/18/2003 005702 PUBLIC EMPLOYEES RETIREMENT 041103 PERS FO PAYROLL END 4/11/03 10-022-6 -00 4,297.99 Total : 4,297.99 51582 4/22/2003 006597 SCHOLASTIC BOOK FAIRS O42103 Child care center book fair 23-200-14-00 1,265.64 Total : 1,265.64 51583 4/22/2003 006459 S.B. COUNTY CLERK OF THE BOARD 042203 Petta Park.Ntc of Determination 10-805-7 2-000-000 35.00 Total : 35.00 51584 4/22/2003 005529 SBC CALIFORNIA Apri12003 Apr. phone service 10-440-235-000-000 51.49 10-450-2 5-000-000 53.40 Total : 104.89 51585 4/28/2003 001206 ARROWHEAD CREDIT UNION April, 2003 April VIS'Charges 23-200-6 -00 127.07 10-110-22;0-000-000 1,131.18 10-120-270-000-000 30.28 10-180-210-000-000 19.38 10-180-218-000-000 112.94 10-190-2 .0-000-0.00 45.26 10-450.2 5-000-000 112.06 10-450-2 6-000-000 67.15 32-200-21I0-000-000 23.90 32-200-2 10-000-000 135.00 32-600-207-000-000 44.18 34-800-2110-000-000 95.76 34-800-218-000-000 300.11 Total : 2,244.27 51586 4/29/2003 010164 GREAT-WEST 043103 DEF CO P FOR APRIL 2003 10-022-63-00 6,828.38 Total : 6,828.38 Page: 1 \\ hh COUNCIL AGENDA ITEM Nw.pJ� vchlist Vouc.`r�. List Page: 2 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 51587 4/29/2003 006720 SO.CA.EDISON COMPANY Apr 2003 Electricity-Parks/Street Lights 16-510-238-000-000 38.93 10-450-238-000-000 1,267.67 34-700-771-000-000 11.63 34-700-764-000-000 - 9.14 Total : 1,327.37 51588 4/30/2003 006285 RIVERSIDE HIGHLAND WATER CO Feb/Mar Water/feeds/assessments 10-450-238-000-000 1,557.18 26-600-23�9-000-000 158.68 26-601-Z 9-000-000 115.22 10-805-238-000-000 96.60 10-440-238-000-000 63.49 34-700-75i0-000-000 31.48 34-700-710-000-000 9.08 34-700-767-000-000 70.89 34-700-70l9-000-000 9.08 34-700-769-000-000 22.40 34-700-7 11-000-000 57.68 10-190-238-000-000 198.32 Total : 2,390.10 51589 5/8/2003 010161 A.C.T. GIS, INC. 2003-296 CONSULTING SERVICES 10-370-250-000-000 665.00 Total : 665.00 51590 5/8/2003 001001 AA EQUIPMENT RENTALS CO. INC. 09 7310425 J. Deere mower service/repair 10-450-246-000-000 433.44 732927 Install mower deck&service-J Deere 10-180-246-000-000 478.90 73777 MOWER 10-450-704-000-000 3,351.52 73777a Tax on new mid-mount 10-450-704-000-000 259.74 Total : 4,523.60 51591 5/8/2003 001072 ADT SECURITY SERVICES 43876074 Alarm rep it service Page: 2 vchlist -. Voucher-List - _ :-- - -. -.- Page: 3 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 51591 5/8/2003 001072 ADT SECURITY SERVICES (Continued) 10-440-2 7-000-000 130.00 Total : 130.00 51592 5/8/2003 001381 BARHAM CONSULTING SVCS 53015 2/5/03-4 1/03 Consulting Services 46-200-2 4-000-0`00 2,075.00 44-200-2 5-000-000 200.00 Total : 2,275.00 51593 5/8/2003 010084 BIDNEY, ROBERT April 2003 April Plan ing Comm. Stipend 10-801-1 0-000-000 50.00 Total : 50.00 51594 5/8/2003 001456 BOISE CASCADE OFFICE PRODUCTS 583408 EOC office supplies 10-808-247-000-000 12.52 814381 Xerox paper 10-190-212-000-000 95.68 Total : 108.20 51595 5/8/2003 010190 BONELLI CONSTRUCTION INC. 2605 REHAB 2 565 FRANKLIN 34-700-769-000-000 10,233.20 2606 REHAB 12548 MIRADO 34-700-771-000-000 26,738.55 Total : 36,971.75 51596 5/8/2003 010195 BOULDER ROCK LANDSCAPE CONST. 042503#2 ROLLINS PARK RESTROOMS 32-600-207-000-000 15,366.24 Total : 15,366.24 51597 5/8/2003 001494 BURTRONICS BUSINESS SYSTEMS 351224 RISO Ma tern 10-190-212-000-000 170.26 Total : 170.26 51598 5/8/2003 001867 COMMERCIAL LANDSCAPE SUPPLY 120460 Shovels & trash bags 10-450-2 5-000-000 274.62 Total : 274.62 51599 5/8/2003 010108 COMMUNITY WORKS DESIGN GROUP 6579 PETTA PARK DESIGN CONCEPT Page: 3 vchlist Voucher List Page: 4 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 51599 5/8/2003 010108 COMMUNITY WORKS DESIGN GROUP (Continued) 10-805-7 2-000-000 1,692.50 6579b 2/28/03 re�imbursables- Petta Park 10-805-7 2-000-000 408.11 Total : 2,100.61 51600 5/8/2003 010086 COMSTOCK,TOM April 2003 April Plan inq Comm. Stipend 10-801-1 0-000-000 50.00 Total : 50.00 51601 5/8/2003 010147 CORTES, BEA 042103 Reimburs mileage-Cortes.Apr 7-8, 2003 10-110-20-000-000 33.12 Total : 33.12 51602 5/8/2003 001930 DAILY JOURNAL CORPORATION B522290 PUBLICATION OF PUBLIC NOTICES IN SUN 10-370-230-000-000 76.50 10-370-2 �0-000-000 2.25 Total : 78.75 51603 5/8/2003 001937 DANKA OFFICE IMAGING COMPANY 72221213 DANKA U SAGE 10-172-2416-000-000 20.93 10-1.75-24,6-000-000 26.17 34-400-2 116-000-000 57.57 Total : 104.67 51604 5/8/2003 010166 DE ROBBIO, KATHLEEN 041803 Land/Wat r Conserv. Grant 10-180-2 5-000-000 375.00 041.803a GRANT PREPARATION 10-180-255-000-000 900.00 Total : 1,275.00 51605 5/8/2003 002280 EVER READY.,EMBROIDERY 8420 Uniform shirt'embroidery 10-180-218-000-000 225.20 Total : 225.20 51606 5/8/2003 002740 FRUIT GROWERS SUPPLY 32053685 Small tool 10-180-218-000-000 48.11 Page: 4 vchlist Voucher List _. _ - _ _ _ ___ _ _ Page: 5 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 51606 5/8/2003 002740 FRUIT GROWERS SUPPLY (Continued) 32053736 2lighters 10-180-21 -000-000 4.72 32053805 Roundup 10-450-245-000-000 269.38 32053863 RETURN ROUNDUP ULTRA MAX 2.5 GAL 10-450-245-000-000 -134.69 32053864 Roundup I iro 10-450-2 5-000-000 131.72 32053865 Gunjet Spay 18" Ext 10-450-24�3-000-000 56.85 32053876 RETURN f23L GUNJET SPRAY 18" EXT 10-450-2 6-000-000 -52.15 32053990 Sm tools 10-180-218-000-000 35.03 32054004 Pest Roundup Pro&Sm. Tools 10-450-2 5-000-000 131.72 10-180-218-000-000 60.79 322641 R3 WeedeatE r carburator 10-450-2 5-000-000 59.14 322720 R3 WeedeatE r repair supplies 10-450-2 5-000-000 24.18 Total : 634.80 51607 5/8/2003 003171 HINDERLITER de LLAMAS &ASSOC. 8354-IN Sales Tax Audit/Contract Services 10-140-2 0-000-000 150.00 32-370-25�5-000-000 150.00 10-300-02 152.42 Total : 452.42 51608 5/8/2003 010194 HINKLEY&ASSOCIATES, INC. 040903 ROLLINS PARK/TERRACE HILLS SCHOOL 32-600-2 7-000-000 152,558.43 Total : 152,558.43 51609 5/8/2003 003210 HOME DEPOT 363/5072327 Sweeper inaint. 16-900-2 4-000-000 8.56 Page: 5 vchlist Voucher List Page: 6 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 51609 5/8/2003 003210 HOME-DEPOT (Continued) 385/5101313 Sr. Ctr Maint. 10-805-2 5-000-000 10.51 388/2042359 Rollins Perk project sign supplies 32-600-2 7-000-000 20.69 402/9120583 Sm. Tool 10-180-218-000-000 21.52 411/2031413 Maint sup lies 10-440-2 5-000-000 15.53 10-180-2 5-000-000 28.93 426/9120582 Graffiti su plies 10-450-25-000-000 46.00 47411021758 City Hall F oof Repair 10-180-2d15-000-000 105.60 500/4010354 C. Care fence repair 10-440-704-000-000 124.94 505/2031396 Maint supplies 10-180-2z5-000-000 137.98 530/4043826 C. Care Fence Repair 10-440-7(4-000-000 155.05 716/9040821 C. Care Fence repair/sm tools/graffiti 10-440-794-000-000 315.31 10-450-2 5-000-000 21.14 10-440-7 4-000-000 24.44 10-450-2 5-000-000 1.64 Total : 1,037.84 51610 5/8/2003 003213 HONEYWELL INTERNATIONAL INC. 744HB687 C. Care HVAC repair 10-440-2 6-000-000 1,379.49 744HB688 Sr. Ctr HVAC service call - 10-805-2 6-000-000 95.50 Total : 1,474:99 51611 5/8/2003 003216 HOUSTON & HARRIS 8892 SEWERMAINTENANCE/HYDRO WASHING 21-573-6 2-000-000 350.00 Page: 6 vchlist Voucher List _- _ : - Page: 7 04/30/2003 , 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 51611 5/8/2003 003216 HOUSTON & HARRIS (Continued) Total : 350.00 51612 5/8/2003 003490 INMARK/VICTOR 17646 Self inking dater 10-172-210-000-000 45.87 Total : 45.87 51613• 5/8/2003 003890 KELLY PAPER 107424 3-part paper 10-180-210-000-000 75.97 10-370-210-000-000 75.96 Total : 151.93 51614 5/8/2003 004380 LEGEND BUILDING MAINTENANCE mar03-2003-3 JANITOR AL SERVICES 10-180-245-000-000 250.00 Total : 250.00 51615 5/8/2003 004370 LELAND NURSERY 43730 10-1gal. pants 10-450-2 6=000-000 32.33 Total : 32.33 51616 5/8/2003 004620 MCI TELECOMMUNICATIONS 6044446 April Phor a Charges/usage 10-190-215-000-000 39.30 10-440-2 5-000-000 330.89 10-450-2 5-000-000 17.25 10-805-2 5-000-000 36.04 Total : 423.48 51617 5/8/2003 004763 MONROE SYSTEMS INC. 18211A 6120 printing calculator 10-140-219-000-000 87.30 Total : 87.30 51618 5/8/2003 010097 NEXTEL COMMUNICATIONS 410575025006 Jan.-Feb. Nextel phone service 10-180-240-000-000 468.02 10-440-2.5-000-000 118.66 Total : 586.68 51619 5/8/2003 010041 NOLTE ASSOCIATES INC. 7307004 CURB WIDENING GT/BARTON 34-500-7 2-000-000 296.00 Page: 7 vchlist Voucher List Page: 8 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 51619 5/8/2003 010041 NOLTE ASSOCIATES INC. (Continued) Total : 296.00 51620 5/8/2003 005435 ORIENTAL TRADING COMPANY 495436172-01 G.T. Days Kid's prizes 23-200-1 -00 498.11 Total : 498.11 51621 5/8/2003 005450 OTIS ELEVATOR COMPANY SAU06425V503 ANNUAL LEVATOR MAINTENANCE 10-180-2 5-000-000 248.96 Total : 248.96 51622 5/8/2003 005673 RENTAL SERVICE CORPORATION 15867835-001 1-man po t hole auger rental 10-180-2 0-000-000 62.50 15867835001a Gloves 10-180-218-000-000 9.99 Total : 72.49 51623 5/8/2003 006310 ROADRUNNER STORAGE May 2003 May storage fee 10-140-2 1-000-000 63.00 Total : 63.00 51624 5/8/2003 006335 ROQUET PAVING INC. 0206-4(B) GUTTER REPAIR 16-900-2 7-000-000 2,568.50 0423-03 CONRET REPAIR 16-900-2 8-000-000 5,470.00 Total : 8,038.50 51625 5/8/2003 006453 &B. COUNTY AUDITOR/CONTROLLER 560 BOOKIN FEES 10-410-2 9-000-000 2,236.08 Total : 2,236.08 51626 5/8/2003 006524 S.B. COUNTY AUDITOR/CONTROLLER 041503 ERAF P t per H&S Sec. 36381.7 33-400-7 1-000-000 115,801.00 Total : 115,801.00 51627 5/8/2003 006508 S.B. COUNTY INFO SERV. DEPT. OCU0303M PAGER ACCESS FEES 10-180-2 6-000-000 345.00 10-172-2 9-000-000 30.00 10-370-2 0-000-000 15.00 Page: 8 vchlist Voucher List - Page: 9 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Descriptio /Account Amount 51627 5/8/2003 006508 S.B. COUNTY INFO SERV. DEPT. (Continued) Total : 390.00 51628 5/8/2003 006504 S.B. FIRE D EPT./HAZ.MATERIAL GT403CC HSLD HZ WASTE 10-190-258-000-000 2,710.00 Total : 2,710.00 51629 5/8/2003 005529 SBC CALIFORNIA Mar-Apr March/April phone service 10-440-235-000-000 15.99 10-190-235-000-000 1.69 Total : 17.68 51630 5/8/2003 006720 SO.CA.EDISON COMPANY Apr. 2003 Electricity City facilities 10-190-2 8-000-000 2,436.27 10-172-238-000-000 25.85 10-175-238-000-000 20.67 34-4400-238-000-000 56.85 - 10-450-238-000-000 57.64 16-510-238-000-000 21.26 Total : 2,618.54 51631 5/8/2003 006898 SYSCO FOOD SERVICES OF L.A. 3041609854 C. Care FOD SUPPLIES 10-440-220-000-000 573.12 3042309363 C. Care F�OD SUPPLIES 10-440-2 0-000-000 626.05 Total : 1,199.17 51632 5/8/2003 007102 T.Y.LIN INTERNATIONAL-MCDANIEL 0304114 BRIDGE 47-100-2 0-001-000 7,527.39 Total : 7,527.39 51633 5/8/2003 007034 TRANSPORTATION ENGINEERING 351 TRAFFIC ENGINEERING SERVICES 10-370-2 5-000-000 190.00 351 a Mar. serv. Mt.Vernon/DeBerry signal 46-200-2 4-000-000 1,105.00 Total : 1,295.00 51634 5/8/2003 007586 VAVRINEK TRINE DAY&CO. 8847-IN State Con roller's Report 10-140-2 0-000-000 2,300.00 -- Page: 9 vchlist Voucher List Page: 10 04/30/2003 5:04:35PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Descripti nlAccount Amount 51634 5/8/2003 007586 VAVRINEK TRINE DAY&CO. (Continued) Total : 2,300.00 51635 5/8/2003 010111 WESTERN POWER& EQUIPMENT K23593 Labor, pails to service sweeper 16-900-2 4-000-000 866.78 Total : _ 866.78 51636 5/8/2003 007905 WHITLEY, BRIAN April 2063 April Planning Comm. Stipend 10-801-1 0-000-000 50.00 Total : 50.00 51637 5/8/2003 007920 WILLDAN 062-6375 Plan review serv/Inspection Serv. 10-172-2 0-000-000 1,417.50 Total : 1,417.50 51638 5/8/2003 007925 WILSON, DOUG April 2003 April Planing Comm. Stipend - 10-801-1 0-000-000 50.00 Total : 50.00 51639 5/8/2003 007987 XEROX CORPORATION 095128884 XEROX E OWNSTAIRS COPIER 10-190-7 0-000-000 530.01 095128886 LEASE O=XEROX 460 DIGITAL COPIER 10-190-7 0-000-000 318.22 Total : 848.23 59 Vouchers for bank code: bofa Bank total : 389,526.16 59 Vouchers in this report Total vouchers: 389,526.16 i I certify that, to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate ex enditures for the operation of the City and Agency. �14 Larry- Ronnow, Finance Director Page: 10 CITY OF GRAND TERRACE PENDING CITY COUNC1 APPROVAL. CITY COUNCIL MINUTES REGULAR MEETING-APRIL 24, 2003 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 April 24, 2003, at 6:00 p.m. PRESENT: Lee Ann Garcia,Mayor Maryetta Ferr6, Mayor Pro Tem Herman Hilkey, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry,Assistant City Manager Larry Ronnow,Finance Director Jerry Glander,Building &Safety Director Gary Koontz, Community Development Director Lt. Guerra, Sheriffs Department ABSENT: Don Larkin, Councilmember Bea Cortes, Councilmember John Harper, City Attorney The meeting was opened with invocation by Mayor Pro Tem Maryetta Ferr6,followed by the Pledge of Allegiance led by Councilmember Herman Hilkey. SPECIAL PRESENTATIONS 2A. Home of Distinction Award Assistant City Manager Berry announced that Frank and Virgina Carrillo,who live at 22226 Victoria, are the winners of the first quarter Home of Distinction Award for 2003 and presented them with the award. CONSENT CALENDAR CC-2003-49 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER HILKEY, CARRIED 3-0-2-0 (COUNCILMEMBERS LARKIN AND CORTES WERE ABSENT), to approve the following consent calendar items: 3A. Approval of Check Register Dated April 24, 2003 3B. Ratify 04-24-2003 CRA Action 3C.. - Waive Full Reading of Ordinances on Agenda 3D. Approval of April 10, 2003 Minutes 3E. Section 125 Benefits Plan Restatement COUNCIL AGENDA ITEM N004 3� Council Minutes April 24,2003 Page 2 PUBLIC COMMENT -None ORAL REPORTS 5A. Committee Reports 1. Crime Prevention Committee a. Minutes of January 12, 2003 and February 10, 2003 CC-2003-50 MOTION BY MAYOR PRO TEM FERRE, SECOND BY MAYOR GARCIA, CARRIED 3-0-2-0 (COUNCILMEMBERS LARKIN AND CORTES WERE ABSENT), to accept the January 12, 2003 and February 10, 2003 minutes of the Crime Prevention Committee. COUNCIL REPORTS Mayor Pro Tem Ferr6, indicated that City Manager Schwab received a thank you note regarding the upcoming swim lessons at Terrace Hills Middle School. She urged all parents in the community to take advantage of the Blue Waves Swim Program and thanked City Manager Schwab and Assistant City Manager Bery for thinking outside of the box and coming up with a way to offer swim lessons to the children which she feels is very important. She reported that she will be attending the Inland Empire Transportation and Logistic Summit in San Bernardino and will provide the information to Council at the next meeting. Councilmember Hilkey,reported that he attended the Four County Regional Science Fair in San Bernardino. He indicated that there Were 900 children with science fair projects that participated in the Fair. ayor Uarcia, reminded everyone that Council will emeetirig o-n-the-e-c7ond-md Tuesday of each month beginning at 6:30 p.m. effective July 1, 2003. She reminded everyone that the Annual Art Show will be held on May 4,2003 at the City Hall Community Meeting Room. She reported that she and Mayor Pro Tem Ferr6 will be doing a presentation - for the Lion's Club on May 7,2003 relating to the Budget and the funding of local services. The League will be holding a general membership meeting on May 15,2003 to discuss the potential initiatives that are coming out. She requested an update on all ofthe street cuts that are going on particularly on Mt. Vernon. Ci , Manager Schwab, responded that the Gas Company is currently in the process of replacing a 600 foot gas main. The City is also doing some clean up at the same intersection. Mayor Garcia, questioned if a company is doing a large job and doing a lot of cutting in the streets if they would be required to get a permit from the City. City Manager Schwab,responded that the job that they are currently doing•did require them to get a separate permit,however, the utility companies have open permits. Council Minutes April 24,2003 Page 3 Mayor Garcia, questioned if they will repair the road back to its original condition. Assistant Ci1y Manager Berry, indicated that he has been working with the foreman of the project and he is on top of it. PUBLIC HEARING -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Review the Conceptual Design Plan for Blue Mountain Gardens at Petta Park Assistant City Manager Berry gave a presentation on the proposed Conceptual Design plan for the Blue Mountain Gardens at Petta Park. Councilmember Hilkev, expressed his concern with having a bus stop at the park. Assistant City Manager Berry, indicated that there is a bus stop currently at the Senior Center. Councilmember Hilkev, indicated that he would like the bus stop to be removed from the plans since there is already a bus stop at the Senior Center. Jeffrey McConnell,questioned if the park was for the people of the City that could possibly use public transportation. Councilmember Hilkev, expressed his concern with having a vegetable garden at the park. Assistant City Manager Bem, indicated that a lot of the design was based upon grants that can help in the building of the park. If the garden does not work out it can always be turned into a bulb garden. Councilmember Hilkev,indicated that the park was actually named the Susan Petta Park and he feels that the name should be changed to Susan Petta Gardens or something of that nature. Assistant City Manager Berry;indicated that the name Blue Mountain Gardens at Petta Park was to incorporate the Blue Mountain image. Mayor Garcia, questioned if the park was to be named Petta Park or Susan Petta Park. City Manager, responded that he has often heard it called Petta Park even though it was named after Susan Petta. Mayor Garcia,questioned if anyone has had discussions with Tony or Ann Petta with regards Council Minutes April 24,2003 Page 4 to their wishes. Councilmember Hilkey,indicated that he feels the name should be predominately Petta Park or Susan Petta Park and not Blue Mountain Gardens. It was the consensus of the Council to eliminate the bus stop from the plans and to direct staff to talk to Tony and Ann Petta with regards to the name of the park. It was also the consensus of the Council that the rest of the design of the park is acceptable. 8B. Designation of Voting Delegate and Alternate for a Special Meeting of the League of California Cities General Assembly-May 15, 2003 CC-2003-51 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER HILKEY, CARRIED 3-0-2-0 (COUNCILMEMBERS LARKIN AND CORTES WERE ABSENT), to appoint Mayor Garcia as the Voting Delegate at the Special Meeting of the League of California Cities General Assembly on May 15, 2003. CC-2003-52 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR GARCIA, CARRIED 3-0-2-0 (COUNCILMEMBERS LARKIN AND CORTES WERE ABSENT),to appoint-Mayor Pro Tem Ferre as the Alternate Voting Delegate at the Special Meeting of the League of California Cities General Assembly on May 15, 2003. CLOSED SESSION-None ORDER OF ADJOURNMENT Mayor Garcia adjourned the City Council Meeting at 7:05 p.m., until the next CRA/City Council —Meetin�i�is-scheduled-to-he held-oirT-uesda , , 2003-at-5-.0 p m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace c�Tr RAND TER C Community Services Department Staff Report MEETING DATE: May 8, 2003 CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: Lease.Agreement with Site Management Services (SMS) for the wireless location in Rollins Park NO FUNDING REQUIRED (X) DISCUSSION: In 2001,ATT built a cell tower and equipment room in Rollins Park for wireless broadband services at a cost close to one million dollars. The city received$1200 per month through a lease agreement with ATT for the site. The cell tower was designed as a flagpole to lessen the visual impact of the equipment. In 2002, ATT Corporate made a decision to cease providing wireless broadband services for residential and small business customers and took a multi-billion dollar write-off for equipment and personnel. The building and flagpole ownership transferred to the city at no cost. f� ATT terminated its contract with the city and suspended payments November 2002. Since this date, the site-has set empty. Staff had been working.to find additional cellular customers to provide revenue to the city. SMS has agreed to market the Rollins Park cellular site and guarantee the city(Landlord) 50% of the collected rent or-a minimum of$800 per month per subtenant. It is expected that the equipment room can accommodate up to two cellular companies. Should this occur, the city would realize a minimum of $1600 a month in revenue. RECOMMENDATION: STAFF RECOMMENDS COUNCIL APPROVE THE NEW CONTRACT DATED MAY 8, 2003 WITH SITE MANAGEMENT SERVICES.(SMS). COUNCIL AGENDA ITEM NO. �� SMS Lease ATT Tower LEASE AGREEMENT THIS LEASE AGREEMENT("Agreement")dated ,2003,is between the CITY OF GRAND TERRACE,A CALIFORNIA MUNICIPAL CORPORATION("Landlord") and SITE MANAGEMENT SERVICES,INC.,A CALIFORNIA CORPORATION("Tenant"). RECITALS A. Landlord owns or controls certain real property in the State of California,County of San Bernardino,described in Exhibit A and commonly identified as Assessor's Parcel Number 1178-091-01-0000 ("Landlord's Property"). The parties to this Agreement have identified,portions of the Landlord's Property that may be suitable for the operation of wireless communications facilities. B. Tenant is in the business of developing,constructing,maintaining,and operating communications sites for the purpose of subleasing or licensing space within such sites to wireless communications companies(each, a"Subtenant'). C. The parties to this Agreement intend to set forth the terms and conditions under which.Tenant is granted the exclusive right to market and sublease or license portions of the Landlord's Property to various Subtenants for the purpose of conducting wireless or radio communications from or on Landlord's Property. D. AT&T Fixed Wireless Service("AT&T")leased certain premises from Landlord and thereon built a wireless communications facility. AT&T abandoned its,facility and Landlord terminated AT&T's lease. NOW THEREFORE,in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Premises. Subject to the terms and conditions contained in this Agreement,Landlord leases to Tenant and Tenant leases from Landlord that portion of the Landlord's Property described or depicted in Exhibit B (the"Premises") attached hereto and incorporated by this reference. The Premises subject to this Agreement may be modified, revised,or increased by mutual agreement of the parties by revising,replacing,or supplementing Exhibit B attached hereto. Furthermore,if space is available,and providing Tenant's utilizing such space would not compromise Landlord's ability to conduct its business operations,Landlord agrees to modify or increase the Premises when necessary to accommodate the needs of Tenant or of a Subtenant. 2. Use. The Premises may be used by Tenant for the purpose of subleasing or licensing all or any portion of the Premises to Subtenants and for the development of the infrastructure needed by such Subtenants in connection with the provision of wireless communications services,including without limitation,the construction,maintenance and operation of communications facilities related to the transmission and reception of radio communications signals on various frequencies. Tenant and each Subtenant may use certain portions of the.Premises to install,maintain,and operate radio frequency transmitting and receiving equipment and antennas("Subtenant's Equipment"). Tenant shall not commit or allow any waste on the Premises or any acts to be done thereon in violation of any laws or ordinances. 3. Exclusivity.. Landlord grants to Tenant the exclusive right to market the Landlord's Property,and to sublease or license all or any portion of the Premises,to wireless communications companies or operators for purposes of conducting wireless or radio communications from or on the Landlord's Property. Subject to the terms and-conditions of this Agreement,Landlord shall require any and all future potential wireless communications tenants or licensees to negotiate and enter into sublease or license agreements with Tenant. 4/21/03 12:14 PM 1 Initials: Initials: SMS Lease ATT Tower 4. Cooperation. Landlord and Tenant shall cooperate to effectuate the purposes of this Agreement. Without limiting the generality of the foregoing,Landlord shall provide Tenant with information regarding the Landlord's Property relevant to the establishment of communications sites thereon,and Landlord shall provide Tenant and prospective Subtenants with reasonable access to the Premises, or to prospective Premises on the Landlord's Property,to facilitate the purposes of this Agreement: Landlord agrees,at no cost or expense to Landlord,to cooperate with Tenant and any Subtenants in making application for and obtaining all licenses,permits and any and all other necessary approvals that may be required for Tenant's or any Subtenant's intended use of the Premises. Landlord will designate(i) a representative to coordinate Tenant's,its Subtenants',or prospective Subtenants' access on the Landlord's Property,and(ii)a representative to coordinate Landlord's review of plans and specifications,and agreements. 5. Term. The initial term of this Agreement shall be one(1)year,commencing on the date this Agreement is fully executed(the"Commencement Date"). Tenant shall have the option to extend this Agreement for six(6)additional five(5)year terms(each being a"Renewal Term"). The terms and conditions for each Renewal Term shall be the same terms and conditions set forth in this Agreement. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord in writing of Tenant's intention not to extend this Agreement at least thirty(30)days prior to the expiration of the initial one(1)year term or any Renewal Tenn. Tenant's right to exercise the option to extend this Agreement for the first Renewal Term shall be contingent upon Tenant subleasing or licensing space within the Premises to a Subtenant,provided,however that if Tenant gives Landlord written notice that it is then in negotiations with a potential Subtenant,the initial term of this Agreement shall be extended for an additional six(6)months. 6. Rent. As consideration for this Agreement,Tenant shall remit to Landlord fifty percent(50%)of the rental or license revenue received,within fifteen(15)days after the end of the month in which such revenue is collected by Tenant. All payments shall be delivered to Landlord at the address set forth in Section 16,Notices. 7. Reimbursement of Costs and Expenses. Tenant shall have the right to have its Subtenants pay upfront site development fees as payment from its Subtenants for all initial subleasing or licensing costs,installation,and development expenses incurred,or to be incurred,in the modification,construction, and/or preparation of the Premises for such Subtenants,and such amounts shall not be considered rental or license revenue. If Tenant collects site development fees in excess of the amount necessary to develop the Premises,then within one(1)year after completion of the Premises(including installation of all Subtenants'Equipment),Tenant shall remit fifty percent(50%)of the excess site development fees to Landlord,accompanied by reasonable documentation of how such fees were spent. Additionally,Tenant shall have the right to receive payment from Subtenants for maintenance or repair costs or expenses incurred in the repair of the Premises and its related facilities,and such amounts shall not be considered rental or license revenue. 8. Improvements;Access;Utilities. (a) Landlord grants to Tenant and its Subtenants the right to construct,maintain and operate on the Premises radio communications facilities,including but not limited to radio frequency transmitting and receiving equipment,batteries,utility lines,transmission lines,radio frequency transmitting and receiving antennas and supporting structures and improvements. All of Tenant's,or any Subtenant's,construction and installation work shall be performed at no cost or expense to Landlord,in a good and workmanlike manner,in compliance with all applicable laws, codes and regulations,and in conformity with any plans and specifications approved by Landlord. Title to a Subtenant's Equipment and any equipment placed on the Premises by that Subtenant shall be held by that Subtenant. Tenant agrees to monitor and supervise the construction and installation work of its Subtenants and upon 4/21/03 12:14 PM 2 Initials: Initials: SMS Lease ATT Tower the completion of a Subtenant's work,Tenant shall inspect such work to ensure it was done in accordance with the approved plans. (b) Landlord grants to Tenant,its Subtenants,and their employees,agents,contractors, and subcontractors the right to access the Premises twenty-four(24)hours a day seven(7)days a week. Landlord shall maintain any access driveways or roads to the Premises at its sole cost and expense. If Tenant or its Subtenants cause any damage to any access driveways or roads,it shall promptly repair the same. All ongoing access to the Premises shall be subject to reasonable security,safety,and other procedures established by Landlord from time to time. (c) Landlord grants to Tenant the right to install utilities on or across the Landlord's Property,at no cost or expense to Landlord,and the right to use and improve any present utilities on or near the Premises. Tenant shall fully and promptly pay for all utilities furnished to the Premises for Tenant's use. (d) Prior to commencing construction on the Premises,Tenant shall obtain Landlord's approval of Tenant's plans for the development of the Premises,which approval shall not be unreasonably withheld,conditioned, or delayed. Landlord grants to Tenant the right to review and approve any Subtenant's plans and specifications for the installation of that Subtenant's Equipment on the Landlord's behalf,unless such plans and specifications involve modifying or expanding the Premises. When the Landlord's approval is required,Landlord shall approve the plans or provide Tenant with its requests for changes within ten(10)business days after its receipt of the plans,or such plans shall be deemed approved. Landlord shall not be entitled to receive any additional consideration in exchange for giving its approval of the plans. (e) Tenant will not permit any mechanics'or materiahnen's or other liens on the Landlord's Property for any labor or material furnished Tenant or its Subtenants in connection with work performed on the Premises. Tenant shall have the right to contest the validity,nature,or amount of any such liens, and,if there is an adverse judgment rendered against Tenant,Tenant shall pay it with all proper costs and charges, and shall have the lien released at its own expense. Tenant may pursue reimbursement from Subtenants for all such costs and charges,and such reimbursement shall not be considered rental or license revenue. ` 9. Interference. Tenant shall require that each Subtenant's Equipment not disturb the communications configurations, equipment and frequency which exist on the Landlord's Property on the Commencement Date and Tenant shall require that any Subtenant's Equipment comply with all non-interference rules of the Federal Communications Commission("FCC"). Furthermore,Tenant shall also include in any Subtenant's sublease or license a provision that the Subtenant's operations may not unreasonably interfere with the Landlord's use of the Landlord's.Property. Landlord shall not use,or permit the use of,any portion of the Landlord's Property in a way which materially interferes with the operations of Tenant or its Subtenants. In the event of any such interference,Landlord and Tenant agree to use all commercially reasonable efforts within their control to resolve such interference to the satisfaction of the interfered with party. Landlord will have no responsibility to resolve any interference issues between Subtenants. 10. Taxes. Landlord shall pay all real estate taxes assessed against the Landlord's Property. Tenant will be responsible for paying any personal property taxes assessed against Tenant's improvements, and all other taxes,fees and assessments attributable to Tenant's use and/or equipment placed on the Premises or other improvements constructed by Tenant. Tenant may pursue reimbursement from Subtenants for all such taxes, and such reimbursement shall not be considered rental or license revenue. 11. Insurance. (a) Tenant shall at a minimum maintain the following insurance: (i)Commercial General Liability with limits of$1,000,000.00 per occurrence;and(ii)Workers' Compensation, as required by law,and Employer's Liability with limits of$1,000,000.00 per occurrence. Tenant shall name Landlord as an additional insured with respect to the above Commercial General Liability insurance. Tenant shall require its insurance company to give at 4/21/03 12:14 PM 3 Initials: Initials: SMS Lease ATT Tower least thirty(30)days'prior written notice of the termination,cancellation,or material change of Tenant's policy to Landlord. (b) Tenant and Landlord waive any rights of recovery against the other for injury or loss due to hazards covered by their respective property insurance and each party shall require such insurance policies to contain a waiver of subrogation. (c) Tenant shall require that each of its Subtenants maintain insurance in accordance with the provisions of this Section 11,Insurance,and,upon the request of Landlord,shall provide Landlord with.certificates of insurance evidencing each Subtenant's compliance with this provision. 12. Indemnification. (a) Each party shall indemnify,defend, and hold the other party harmless from and against any and all actions,suits,claims,damages to persons or property,losses,costs,penalties,obligations,errors,omissions,or liabilities("Claims")that may be asserted or claimed by any person,firm or entity arising out of or in connection with the indemnifying party's negligence or willful misconduct,except to the extent such Claims arise out of the negligence or willful misconduct of the indemnified party. (b) Notwithstanding anything in this Agreement, each party hereby releases and waives any and all claims against the other party,their employees,agents,officers,partners and directors,for consequential,incidental, or special damages. (c) This Section will survive the termination,cancellation or expiration of this Agreement. 13. Assignment. (a) Tenant may,without the prior consent of Landlord,assign,transfer,convey,sell,or mortgage this Agreement and its rights hereunder to(i)any affiliate that controls,is controlled by,or is under common control of 1 Tenant;(ii)any entity that purchases all or substantially all of the assets of Tenant;(iii)any lender or provider of financing to Tenant;or(iv)any entity that is the surviving entity in a restructuring,consolidation,or merger with Tenant. Except as otherwise permitted in this Agreement,Tenant may not assign,transfer,convey,sell,or mortgage this Agreement and its rights hereunder without the prior written consent of Landlord,which consent shall not be unreasonably withheld,conditioned,or delayed. (b) Landlord may,without the prior consent of Tenant,assign this Agreement in connection with the sale or transfer of its ownership interest in the Landlord's Property. Provided the successor owner has assumed all the obligations of Landlord under this Agreement,Landlord shall be released from its future obligations hereunder with respect to the transferred Premises,effective as of the date of the assignment and assumption. 14. Default and Remedies. (a) The occurrence of any one or more of the following events constitutes an"Event of Default"by Tenant: (i)if Tenant fails to pay any rent or other sums payable by Tenant as required by this Agreement within ten (10)business days of Tenant's receipt of written request for payment;(ii)if Tenant fails to perform or observe any non-monetary term or condition of this Agreement,and such failure continues for more than thirty(30)days after written notice from Landlord,except that such thirty-day cure period will be extended as reasonably necessary to permit Tenant to complete the cure,so long as Tenant commences the cure within such thirty-day cure period and thereafter continuously and diligently pursues and completes such cure;or(iii)if Tenant commits against Landlord fraud,material misrepresentation,embezzlement,conversion,or theft with respect to this Agreement. If an Event of Default occurs,Landlord may terminate this Agreement,in which event Tenant will immediately surrender the Premises to Landlord. (b) If Landlord is in breach of any representation,warranty,or covenant set forth in this Agreement,or if Landlord fails to perform or observe any other term or condition of this Agreement,and such failure continues for more than thirty(30)days after written notice from Tenant,except that such thirty-day cure period will be extended 4/21/03 12:14 PM 4 Initials: Initials: SMS Lease ATT Tower as reasonably necessary to permit Landlord to complete the cure,so long as Landlord commences the cure within such thirty-day cure period and thereafter continuously and diligently pursues and completes such cure,Tenant may, in addition to any other remedy available at law or in equity, at Tenant's option upon written notice,terminate this Agreement,or incur any expense reasonably necessary to perform the obligation of Landlord specified in such notice and invoice Landlord for the actual expenses. Any invoice shall be accompanied by documentation reasonably detailing actual expenses. If Landlord fails to reimburse the costs within thirty(30)days of receipt of written invoice,then Tenant is entitled to offset and deduct such expenses from the rent or other charges next becoming due. (c) Tenant and Landlord shall endeavor in good faith to mitigate damages arising under this Agreement. 15. Repairs. Tenant shall,at all times during the term of this Agreement and at Tenant's sole cost and expense,keep its facilities and equipment located on or about the Premises and every part thereof in good condition and repair, reasonable wear and tear excepted,including making replacements when necessary. Tenant shall ensure that each Subtenant maintains Subtenant's Equipment and repairs any damage caused by Subtenant's activities on Landlord's Property. 16. Notices. Any notice or demand required to be given herein shall be made in writing by hand delivery,certified or registered mail return receipt requested,or reliable overnight mail to the address of the respective parties set forth below: Tenant: Site Management Services Attn: Property Management 5440 Trabuco Road Irvine, CA 92620 Landlord: City of Grand Terrace Attn: 22795 Barton Road Grand Terrace,CA 92313 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. 17. Hazardous Materials. Landlord represents that the Landlord's Property has not been used for the generation,storage,treatment,or disposal of hazardous materials, substances,or wastes,and that any use of such materials on the Landlord's Property has been done in accordance with applicable laws or regulations. Each party represents and warrants that any of its activities concerning hazardous materials,substances,and wastes on the Landlord's Property and the Premises will be done in accordance with all local,state, and federal regulations governing the proper use,storage,transportation, and disposal of such materials. Each party shall indemnify, defend,protect, and hold the other party harmless from and against any and all claims,loss,proceedings,damages,causes of action,liability,costs, or expenses(including attorneys' fees)arising as a result of a violation of this Section 17,Hazardous Materials,by the indemnifying party. 18. Scope of Services. During the term of this Agreement and subject to its terms and conditions,Tenant shall perform the services set forth in Exhibit C. Tenant shall be Landlord's sole and exclusive representative to license and manage Subtenants on the Landlord's Property and,in that regard,Landlord shall refer to Tenant all offers or inquiries regarding the use of the Landlord's Property by wireless communications companies or operators. Tenant will negotiate agreements with 4/21/03 12:14 PM 5 Initials: Initials: SMS Lease ATT Tower Subtenants consistent with the guidelines(as the same may be revised from time to time),a current copy of which is attached hereto as Exhibit D,or,if no guidelines exist,consistent with Tenant's experience. 19. Title and Quiet Enjoyment. (a) Landlord warrants that it has full right,power,and authority to execute this.Agreement,and to perform its obligations under this Agreement. Landlord further warrants that Tenant shall have quiet enjoyment of the Premises during the term of this Agreement,and that it has rights of ingress to and egress from the Premises. Landlord agrees to indemnify Tenant against any claim made by or on behalf of AT&T that its rights to the Premises have not been legally and validly terminated. (b) Landlord agrees to obtain for the Tenant's benefit a Non-Disturbance Agreement from the present, and any subsequent,mortgagee(s)or holder(s)of a deed of trust confirming that Tenant's right to quiet possession of the Premises during this Agreement shall not be disturbed,so long as Tenant has not defaulted under this Agreement. (c) In the event this Agreement is terminated,Landlord agrees that each Subtenant's sublease or license under this Agreement shall not be terminated by reason of such termination,but rather each sublease or license shall continue in full force and effect with Landlord recognizing and accepting each Subtenant as tenant or licensee under their sublease or license. Tenant shall include a provision in each such sublease or license providing that it will automatically be transferred to Landlord if this Agreement is terminated. 20. Miscellaneous. (a) If any provision of this Agreement is invalid or unenforceable with respect to any party,the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. _ (b) No provision of this Agreement will be deemed to have been waived by either party unless the 1 waiver is in writing and signed by the party for whom enforcement is attempted. No custom or practice which may develop between the parties in the administration of the terms of this Agreement is to be construed to waive or lessen any party's right to insist upon strict performance of the terms of this Agreement. The rights granted in this Agreement are cumulative of every other right or remedy that the enforcing party may otherwise have at law or in equity or by statute,and the exercise of one or more rights or remedies will not prejudice or impair the concurrent or subsequent exercise of other rights or remedies. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any intention to create a joint venture or partnership between the parties hereto is hereby expressly denied. (e) Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. (f) The captions of this Agreement are inserted for convenience only,and are not to be construed as part of this Agreement or in any way limiting the scope or intent of its provision. All exhibits and attachments attached hereto form material parts of this Agreement. (g) This Agreement shall be governed under the laws of the State of California. (h) This Agreement may be executed in one or more counterparts,each of which shall constitute an original and all of which shall be one and the same agreement. (i) The parties acknowledge and agree that they have been represented by counsel and that each of the parties has participated in the drafting of this Agreement. Accordingly,it is the intention and agreement of the 4/21/03 12:14 PM 6 Initials: Initials: SMS Lease ATT Tower parties that the language,terms,and conditions of this Agreement are not to be construed in any way against or in favor of any party hereto by reason of the responsibilities in connection with the preparation of this Agreement. 0) If a party is delayed,or hindered in,or prevented from the performance required under this Agreement(except for payment of monetary obligations)by reason of earthquakes,landslides, strikes,lockouts, labor troubles,failure of power,riots,insurrection,war,acts of God,or other reason of like nature not the fault of the party delayed in performing work or doing acts,such party is excused from such performance for the period of delay. The period for the performance of any such act shall then be extended for the period of such delay. (k) This Agreement constitutes the entire agreement and understanding between the parties,and supersedes all offers,negotiations and other licenses concerning the subject matter contained herein. There are no representations or understandings of any kind directly related to the terms and conditions of this Agreement that are not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. "LANDLORD" "TENANT" CITY OF GRAND TERRACE, SITE MANAGEMENT SERVICES,INC., A CALIFORNIA MUNICIPAL CORPORATION A CALIFORNIA CORPORATION By: By: Name: Thomas Schwab Name: Michael P.Flynn Title: City Manager Title: President Date: Date: 4/21/03 12:14 PM 7 Initials: Initials: SMS Lease ATT Tower EXHIBIT A LEGAL DESCRIPTION OF THE LANDLORD'S PROPERTY The Landlord's Property of which the Premises are a part is described as follows: APN: 117 8-091-01-0000 All that real property located in the State of California,County of San Bernardino,described as follows: 4/21/03 12:14 PM 8 Initials: Initials: SMS Lease ATT Tower EXHIBIT B THE PREMISES The Premises consists of the abandoned AT&T facility,which is depicted on the drawings attached hereto. 4/21/03 12:14 PM 9 Initials: Initials: I SMS Lease ATT Tower EXHIBIT C SCOPE OF SERVICES 1. Premises Determination and Tower Construction. Evaluate locations on the Landlord's -Property and jointly determine with Landlord the most appropriate location(s)'for Premises;arrange for development of construction plans and drawings,obtain building,zoning(if applicable),and other permits;and retain and oversee contractor(s)as necessary for construction of,as applicable,tower,tower foundation,building to house Subtenant's Equipment,and roads. 2. Marketing.. Actively market and promote the Premises to prospective Subtenants. 3. Agreements. Prepare and negotiate in accordance with the approved guidelines agreements with Subtenants for use of the Premises;prepare and negotiate renewals and extensions of such agreements and monitor related expiration/renewal dates. 4. Subtenants'Activities. Review and evaluate all plans and specifications for the installation and maintenance of each Subtenant's Equipment by that Subtenant to confirm,among other things,that the installation of Subtenant's Equipment preserves the physical integrity of the Premises;review and evaluate all contractors and subcontractors to be employed by each Subtenant for work on the Premises;verify that each Subtenant has obtained all required building permits and governmental approvals,and that S6tenant's Equipment and activities comply with applicable laws,regulations,and governmental approvals;inspect each Subtenant's Equipment and its installation to verify that it has been completed in accordance with the approved plans and specifications,and in accordance with applicable laws,regulations,and governmental approvals;and periodically(annually,or as otherwise reasonably determined by Tenant)inspect each Subtenant's Equipment to evaluate its condition. 5. Compliance Supervision. Supervise the use of the Premises to confirm that each Subtenant is operating Subtenant's Equipment in compliance with,and consistent with,the terms of its agreement and applicable laws,regulations,and governmental approvals. 6. Radio Frequency Interference. Monitor and assist in the resolution of any radio frequency interference problems among Subtenants. 7. Books and Records. Maintain such books and records with respect to each Subtenant's Equipment and their agreements as may be necessary for Landlord to satisfy.all governmental reporting requirements with respect to the use of the Premises. 8. Subtenant Relations. Facilitate communications with Subtenants to the extent required by this Agreement,Subtenant agreements or by applicable laws or as may be reasonably requested by Landlord. ._. 9. Collection and Remittance. Collect rent and site development fees from Subtenants and remit appropriate amounts to Landlord;support such remittances with schedules detailing the number of Subtenants,the calculation of the rent due and collected;send such remittances and schedules to Landlord within fifteen(15)days after the end of the month in which such,rent is collected by Tenant;and hold any security deposits and other deposits from Subtenants in accordance with applicable laws. 10. Insurance. Verify that any contractor or subcontractor which performs any work on the Premises on behalf of'any Subtenant from time to time shall have the appropriate types and amounts of insurance;and upon Landlord's request,furnish to Landlord copies of insurance certificates for each Subtenant and any applicable contractor or subcontractor. 11. Notices. Inform Landlord of any notices which Tenant receives in connection with the Premises, including,without limitation,notices received from any governmental body,insurance carrier,or user of the Premises. 4/21/03 12:14 PM 10 Initials: Initials: SMS Lease ATT Tower EXHIBIT D GUIDELINES FOR AGREEMENTS WITH SUBTENANTS Purpose: Transmission and reception of wireless communications Minimum Initial Term: Five(5)years. Renewal Terms: At least three(3)renewal terms of five(5)years each,at Subtenant's option. Rent: To be negotiated,minimum of Eight Hundred Dollars($800.00)per month per Subtenant to be remitted to Landlord. Rent Escalators: Three percent(3%)to five percent(5%)per year. Improvements: All at Subtenant's sole cost and expense. Costs/Pass-throughs: Separate electrical metering;Subtenant pays all operating costs;Subtenant pays increases in property tax assessments due to Subtenant's Equipment. Subtenant's Access: 24 hours a day,7 days a week,subject to reasonable procedures. Taxes Subtenant shall pay all taxes,fees and assessments attributable to Subtenant's use and/or equipment placed on the Premises. Indemnification: Landlord indemnified against claims arising from Subtenant's use of the Premises. Non-Recourse: Landlord will have no personal liability; Subtenant looks only to equity in the Premises. Insurance: Commercial General Liability on an occurrence basis for bodily injury and property damage liability with limits of not less than$1,000,000 combined single limit each occurrence,and Excess Liability(Umbrella)with limits of $2,000,000 per occurrence;Workmen's Compensation in accordance with the laws of the State of California;Employers'Liability in an amount not less than $500,000;and"All risk"Property on 100%replacement value of Subtenant's Equipment. Mechanic's Liens: All work done without liens;any liens filed for labor or materials for Subtenant discharged by Subtenant at Subtenant's sole expense. Reimbursement of Costs: Subtenant reimburses Tenant for costs or expenses incurred in connection with the installation or modification of the Premises for Subtenant's Equipment on the Premises, such amounts not to be considered rental or license revenue. 4/21/03 12:14 PM 11 Initials: Initials: 0 �ZHnO TEM cE Community and Economic Development Department :STAFF REPORT., CRA ITEM( )COUNCIL ITEM(X.) MEETING DATE: May 8,2003 �- FUNDING REQUIRED NO FUNDING REQUIRED X SUBJECT: Grant Application RECOMMENDATION: Move to approve a Resolution in support of a Grant Application for the Safe Route School Program BackErround• On October 2,2001,the Governor signed Senate Bill 10, extending the Safe Routes to School program for three more years until 2005. Applications for the current cycle of proposed programs are now being accepted by Caltrans. The deadline-to submit an application for the current cycle is May 30, 2003. Last year,the City made an application for a safe route to school grant for the"Intermittent Sidewalk Gap Closures"on the west side of Michigan Avenue from Commerce Way to Van Buren Street. This project j was,however,not approved by the State. Staff believes that this is another opportunity to submit a similar project for the"Intermittent Sidewalk Gap Closures"on Michigan Avenue from Barton Road to De Berry Street. The project would consist of the construction of sidewalks along Michigan Avenue between Barton and De Berry to eliminate existing gaps in the sidewalk. This would reduce the potentially hazardous conditions experienced by pedestrians and students using this route`to commute to Grand Terrace Elementary School and Terrace Hill Middle School. Staff has prepared a Resolution authorizing the nomination of this project for funding for the Safe Route to School Program;the Resolution is attached to this report. In addition, staff is working on the rest of the application to meet the May 30th deadline. Recommendation: It is recommended that the City Council adopt the Resolution authorizing staff to submit this project for funding consideration . Respectfully submitted, ry LKoontz,Community Development Director tyv GLK:JL:jl Attachment: Resolution Authorizing Nomination of a Project for Funding from the Safe Route to School Program °:Uv1yF'lesT5 --TIFU on K°oad*"ftnylfe'rrTce, California 92313-5295 • (909) 824-6621 RESOLUTION NO. 03- RESOLUTION OF THE CITY OF GRAND TERRACE AUTHORIZING NOMINATION OF A PROJECT FOR FUNDING FROM THE SAFE ROUTE TO SCHOOL PROGRAM WHEREAS, in 1999 the state of California enacted into law Assembly Bill (AB) 1475 that calls for Caltrans to establish and administer a"Safe Routes to School" construction program and to use federal transportation funds for construction of bicycle,pedestrian - safety, and traffic calming projects; and WHEREAS, in 2001, Senate Bill (SB) 10 extended the program for three additional years (2005) and included a provision that allows Caltrans to substitute State Highways Account funds for Federal funds, and WHEREAS,AB 1475 mandates that Caltrans shall make grants available to local governmental agencies under the program based on the results of a statewide competition, and WHEREAS,the funds are available to local government that provide a requisite local funding share for specific eligible activities as defined by the AB 1475 legislation and Caltrans, and WHEREAS,projects eligible for funding include construction projects that improve the } safety of pedestrian and/or bicycle routes to and from school; and WHEREAS,the proposed project is included in the City's Bicycle Transportation Plan that is approved by Caltrans; and WHEREAS, City staff have coordinated with staff of the Colton Joint Unified School District to identify priority projects that would be eligible for funding under the AB 1475 program; and WHEREAS,the City Council of the City Grand Terrace possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the AB 1475 program. - r NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace, CA that: 1 City staff is authorized to nominate to Caltrans for funding under the AB 1475 program: Pedestrian sidewalk gap-closure on Michigan Avenue from Barton Road to De Berry Street.. Page 2 of 2 2. Mr. Thomas Schwab, as the City of Grand Terrace City Manger, is authorized, as the Official representative of the City of Grand Terrace to act in connection with nomination and to provide such addition information as may be required. 3. The City staff is authorized to provide requisite local match, co-funding; the amount of which will be approved at a later date. APPROVED AND ADOPTED this day of May , 2003. 1 READ AND APPROVED AS TO LEGAL FORM: /s/ City Attorney Resolution No. 2003- 1,Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby verify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the day of May , 2003 by the following vote to wit: AYES: NOES: ABSTAIN: ABSENT: /s/Brenda Stanfill City Clerk of the City of Grand Terrace /s/ Mayor of the City of Grand Terrace ATTEST: THE CITY OF GRAND TERRACE TAFF.."P:ORT: <° - Finance O GRAD TERR CE CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: May 8, 2003 AGENDA ITEM r SUBJECT: COMBINED CASH AND INVESTMENTS TREASURY REPORT FOR QUARTER ENDED MARCH 31, 2003 FUNDING REQUIRED NO FUNDING REQUIRED XX The CRA and City are required to present quarterly investment reports to their governing boards in accordance with Government Code Section 53646 (b)(1)...(3). The report would include all moneys held by the Agency or City and all moneys held by third parties that belong to the Agency or City with the exception of any pension or deferred compensation moneys. This code section requires that: 1)Report must be produced 30 days after end of quarter, 2)Report must comment on compliance with investment policy, 3)Report must comment if agency has ability to meet expenditures for next six months, 4)Report must include a description of the investment, type of investment, issuer, investment pool or program information, date of maturity and amount invested, 5)Report must include book value and current market value of each investment, 6)Report must indicate source of the market valuation. THE CITY OF GRAND TERRACE Page 2 The CRA and City engaged the consulting division of Vavrinek, Trine, Day and Company, Certified Public Accountants and Consultants (VTD), to assist the agencies in preparation of a combined investment report. The scope of their work includes a review of the quarterly investment statements and bank statements, a compliance review with the investment policy and government code, obtaining market valuations and preparing the report.- Staff would like to continue with investment reporting assistance from VTD as long as the State continues funding reimbursement for this line item. The report is included with the CRA agenda item. Staff welcomes any questions or comments from the City Council. Staff Recommends that the City Council: Accept the Combined Cash and Investments Treasury Report for the Quarter Ended March 31, 2003. CITY OF GRAND)TERRI, Historical & Cultural Activities Committee R - 2003 Minutes for April 7, 2003 GETY GL E The meeting was called to order at 7:00 p.m. by Chairman Pauline Grant. Those present were Pauline,Ann Petta,Brenda Stanfill, Shelly Rosenkild, Colleen Edmundson and Hannah Laister. Secretary's Minutes: The minutes for March were read and approved on motion by Ann, seconded by Colleen, all in favor. A Thank You note will be sent to Barbara Tinsley for her work on the Committee. Treasurer's Report: Budget shows a balance of$554.32,Petty Cash$84.41. Hannah made motion to accept, Shelly seconded, all in favor. Brenda asked about budget for next year. We will ask for the same amount as last year. Historical Report: Ann has biography of Frank Tetley which she will bring next time. Brenda reported that Inland TV is doing pieces on Cities in the area and we will be first. Mayor Garcia is working with them on this. They want to look at our pictures,history,people to interview, etc. Ann will also work with them. Art Show: Ann reported 7-8 returns so far. She has an application for hand carved canes and one for painted chairs. These items were discussed. Hannah and Colleen will look at chairs. Advertising is on cable and in the Blue Mountain news. Shelly will talk to the Fire Department \ about putting our signs on the City Boards for at least two weeks, then putting theirs back again. All members will bring finger foods. Shelly will provide balloons and music, Frances will make punch, Colleen will bring 3 gallons water and ice, screens are all set,Hannah and Colleen will get small plates,napkins and cups. Pictures and other items will be taken in on Saturday,May 3rd from 1 -3 p.m.,pictures will be hung between 7-9 p.m. All should be at City Hall at 12:00 noon on May 4th. 5eci-ctaKy 6M Se,\A 11%0;+,- M -�- Cri © 4s The meeting was adjourned at 7:50 p.m. The next meeting will be May 5, 2003. Respectfully Submitted, Hannah Laister Secretary COUNCIL AGE6 DA ITERA NO _i c., . ROND TER Community Services Department Staff Report MEETING DATE: May 8, 2003 CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: Appointment to the County of San Bernardino Solid Waste Advisory Task Force NO FUNDING REQUIRED (X-) Background The Rules and Procedures of the County of San Bernardino's Solid Waste Advisory Task Force requires the delegate to be an elected official. Alternates can be city staff members or other elected officials. Recommendation Staff recommends that council select(1) elected official as the city's delegate and (1) staff member or elected official as the alternate to the Solid Waste Advisory Task Force. COUNCIL AGENDA ITEM NO *%�