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10/27/2005 -ILE TOPY C I T), o „ GRAflDTERR CE _1 ' October V 2005- , 22795 Barton Road Grand Terrace California 92313-5295 + Civic Center' _ (909)824-662-1 `- Fax(909)783-7629 = Fax(909),783:•2600 'MaryettaFerre CITY, OF :.GRAND TERRACE- ', Mayor - - Bea Cortes Mayor Oro xem , CRAXITY COUNCIL - •lierman'Hilkey ; Lee Ann Garcia _ GULAR'MEETINGS: ; = Jim Miller Council Members -. 'V' 2:ND AND'`-V rhurW4Y.-=--6-:.00 p:m. z, Tiiomas J.-Schwab City hfanagcr' , Council'Chambers Grand Terrace Civic'Center j : ; 22795.Barton,libad CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS OCTOBER 27, 2005 GRAND TERRACE"CIVIC CENTER 6:00 PM 22795 Barton Road THE CITYOFGRAND TERRACE COMP-IES.WITH-THE"AMERICANS WITH DISABILI,=S,ACTOF-1990.IFYOU ItEQiJIRE.SPECIAI%ASSISTANCE TO PARTICIPATE 3N THIS MEETING;'.PLEASE`C:ALL THE,CITY CLERK'S' OFFICE'AT(909)824 6621.AT LEAST 49HOURS:PRIORTO.THE MEETING. a... . IF YOIJ FDESIRE TO�ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE',A REQUEST 'FORM STO SEK TE KKRP ;WILL ` BE"'CALLED UPON BY THE-MAYOR ATTHE-APPROPRIATE TIME. 3 ` * Call to Order- * Invocation-Pastor Carmen Ibanez,Azure Hills Seventh-Day Adventist Church * Pledge of Allegiance- j * Roll Call- STAFF COUNCIL AGENDA ITEMS 1 RECOMMENDATION ACTION' CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 10-13-2005 Minutes Approve 2. Regulatory Agreement By and Between Corporation for Better Adopt Housing,A Nonprofit-Affordable Development Corporation,The City of Grand Terrace,a Public Body,Corporate and Politic,and the City of Grand Terrace Community'Redevelopment Agency,a Public Body,Corporate and Politic ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1: Items to Delete 2. SPECIAL PRESENTATIONS-None 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal,of an item from the Consent Calendar for discussion. A. Approve.Check Register Dated October 27,2005 Approve B. Waive Full Reading of Ordinances on Agenda I i I I �- COUNCIL AGENDA 10-27-2005 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION C. Approval of 10-13-2005 Minutes�', Approve D. Approval of Final Parcel Map 17041 (Northwest Corner of Approve Grand Terrace Road and Barton Road) E. Approval of Tract Map No. 16985,for a 55 Unit Approve Condominium Project(North Side of DeBerry Street at Reed Avenue) I F. Release Bonds-Tract 14816(Grand Terrace Authorize Properties/Citizen's Business Bank) G. Regulatory Agreement By and Be6een Corporation for Adopt Better Housing,A Nonprofit Affordable Development Corporation,The City of Grand Terrace,a Public Body, Corporate and Politic, and the City of Grand Terrace Community Redevelopment Agency,a Public Body, Corporate and Politic 4. PUBLIC COMMENT G This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council is prohibited from discussing or acting on any item not on the agenda. The Mayor may request a brief response from staff to questions raised during public comment. C i 5. REPORTS A. Committee Reports-None B. Council Reports 6. PUBLIC HEARINGS A. Street Cut Policy and an Ordinance of the City Council of the Approve City of Grand Terrace, California Establishing Fines for Failure to Obtain a Street Cut Permit and Failure to Perform Street Cut Construction in Accordance to the Specifications as Described in the Specification' for Construction Within the Public Right of Way B. TEFRA Hearing-A Resolution Approving,Authorizing and Approve/Adopt Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement Relatmg to the California Statewide Communities Development Authority I A Resolution Approving the Issuanlce of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority 7. UNFINISHED BUSINESS-None ' ICI V r COUNCIL AGENDA 10-27-2005 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 8. NEW BUSINESS A. Ad Hoc Committee for Fireworks Create B. Non-owner Occupied/Rental Property Program Approve C. Consulting Agreement for General Plan Evaluation Authorize 9. CLOSED SESSION A. Real Estate Negotiations-22874 Arliss ADJOURN i THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,NOVEMBER 10, 2005 AT 6:00 P.M. ....................................................................................................................... AGENDA ITEM REQUESTS FOR THE 11-10-2005 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 11-03-2005. CITY OF GRAND TERRACE' COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING--OCTOBER 13; 2005 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 October 13, 2005 at 6:00 p.m. PRESENT: Maryetta Ferr6, Chairman Bea Cortes, Vice-Chairman Herman Hilkey,Agency Member Jim Miller, Agency Member Tom Schwab,Executive Director Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow,Finance Director Richard Shields, Building& Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriff's Department Colin Burns, Attorney ABSENT: Lee Ann Garcia, Agency Member John Harper, City Attorney APPROVAL OF 09-22-2005 MINUTES CRA-2005-26 MOTION BY VICE-CHAIRMAN CORTES, SECOND BY AGENCY MEMBER MILLER, CARRIED 3-0-2-0 (AGENCY MEMBERS HILKEY AND GARCIA WERE ABSENT),to approve the September 22,2005 Community Redevelopment Agency Minutes. CLOSED SESSION-REAL PROPERTY NEGOTIATIONS (GC 54956.8) 1. Purchase and Sale Agreement with Colton Joint Unified School District a. Property Address: 1167-151-58, 1167-151-59, 1167-151-60, and 1167-151-63 b. Negotiating Parties: Tom Schwab on behalf of the Agency Bob Stranger on behalf of the Colton Joint Unified School District C. Areas of Negotiation: Price and Terms Chairman Ferr&announced that the Agency met in Closed Session to discuss the Purchase and Sale Agreement with Colton Joint Unified',School District and that they authorized the T CRA AGENDA MEM NO. I Community Redevelopment Agency Minutes October 13,2005 Page 2 City Manager to enter Tinto a contract with the Colton Joint Unified School District with clarification of square footage and terms. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 8:30 p.m.,until the next CRA/City Council Meeting scheduled to be held on Thursday, October 27,2005, at 6:00 p.m. SECRETARY of the Community Redevelopment ment Agency of the City of Grand Terrace i CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace I ' f 4 I i I I I I j I F i I I I i I I i i I � III I STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM (X) COUNCIL ITEM (X) MEETING DATE: October 27,2005 SUBJECT: Regulatory Agreement FUNDING REQUIRED: YES Q NO (X) As indicated when the City adopted the ground lease for the Senior Housing project a Regulatory Agreement was forthcoming. The following Regulatory Agreement sets forth the guidelines for the development of the project as well as the Regulatory rights of the City and Agency over the project. Under the Regulatory Agreement the City has approval authority over the budget and the management plan of the project. We have the right to approve the selection of the property manager and in the event of default, remove such manager. The agreement also outlines the indemnification requirements as well as the accounting standards required of the project. In addition Section 8 C indicates under the pre-leasing that preference will be given to Grand Terrace residents. ` The Regulatory Agreement also sets forth the number of units to be rented to income qualified Senior Citizens and the method for establishing the rents of the property. The Regulatory Agreement gives the City and the Agency the authority to provide oversight of the project in regards to management and operations so that we may insure that the Agencies substantial investment in the project is protected now and in the future. STAFF RECOMMENDATION: STAFF RECOMMENDS AGENCY ADOPT THE REGULATORY AGREEMENT, ENTERED INTO AS OF OCTOBER 27, 2005, BY AND BETWEEN CORPORATION FOR BETTER HOUSING, A NONPROFIT AFFORDABLE DEVELOPMENT CORPORATION, THE CITY OF GRAND TERRACE,A PUBLIC BODY, CORPORATE AND POLITIC, AND THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITIC. CRA AGENDA ITEM NO.2- i Recording Requested By and when recorded return to: The City of Grand Terrace Community Redevelopment Agency 22795 Barton Rd. Grand Terrace, CA 92313 Attention: City Clerk Exempt from recording fees pursuant to Government Code Sec. 6103 and 27383 REGULATORY AGREEMENT THIS REGULATORY AGREEMENT(this "Agreement"), is entered into as of 2005, by and between CORPORATION FOR BETTER HOUSING (CBH), a nonprofit affordable development corporation(hereinafter"Owner"), the CITY OF GRAND TERRACE, a public body, corporate and politic (hereinafter the "City") and the CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter the "Agency"). RECITALS A. The City adopted its "Redevelopment Plan" on July 15. 1981. B. Agency desires to effectuate the provisions of the Housing Element of the General Plan of the City by providing funds to expand the supply of housing affordable to very low and lower income people. C. In an effort to effectuate the provisions of the Housing Element and Redevelopment Plan ("Plan"),the.Agency has agreed to bestow to CBH certain agency funds necessary to develop the Property as identified in the City of Grand Terrace Ground Lease Agreement ("Lease"). The Legal Description is attached hereto as Exhibit"A". D. Owner intends to develop and operate on the Property a one hundred and twenty (120) unit senior housing project, comprised of one hundred and three (103) one-bedroom rental units and seventeen (17) two-bedroom rental units, ninety percent (90%) of the units will be leased at very low and low income levels, except one (1) manager's unit,ten percent (10%) of the units will be leased at market rates; a community center, consisting of approximately 6,500 square feet; and a landscaped area, encompassing roughly four (4) acres. i E. To help finance the development of such improvements, Corporation for Better Housing(CBH)has applied to Agency for agency funds (hereinafter the "Agency Funds") for the development of the Property and,pursuant to the terms of this Regulatory Agreement, Agency has agreed to confer the sum of EIGHT MILLION FOUR HUNDRED THOUSAND DOLLARS($8,400,000.00). Said Agency Funds will be evidenced and secured by this Regulatory Agreement in favor of Agency. F. The proposed development of the Property will effectuate the Plan. G. As an inducement to Agency to enter into this Agreement, Owner has agreed to enter into this Agreement and has consented thereby to be regulated and restricted by Agency as provided herein. NOW, THEREFORE, Agency and Owner mutually agree as follows: 1. Recitals. The foregoing recitals are a part of.this Agreement. 2. Term. The term of this Agreement (the "Term") shall commence on the date of recordation of this Agreement, and shall continue in full force and effect until the 65th anniversary of the recordation hereof in the Official Records of the San Bernardino County Recorder (the"Expiration Date"). 3. Remittance. Commencing at the beginning of the first calendar year after the issuance of a Certificate of Occupancy for the project, Developer shall remit to City on or before May 1 of every subsequent calendar year, ninety percent (90%) of all Residual Receipts, as defined herein, for the,preceding calendar year. As an example, remittance of Residual Receipts for the period ending December 31 shall be due on or before May 1. 4. Nature of Covenants, Reservations and Restrictions. (a) Owner hereby subjects the Property to the covenants, reservations and restrictions set forth in this Agreement. During construction and thereafter for the Term set forth in Section 2 hereof, Owner, such successors and assigns shall devote the Property only to the uses specified in the Lease and this Agreement. Each and every contract, deed or other instrument hereafter executed covering Owner's interest in the Property,or any portion thereof, including, without limitation, any leases, shall,conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such lease, assignment, contract, deed or other instruments. (b) Owner covenants by and for itself, its representatives, its successors and assigns and every successor in interest to the Property or any part thereof,that during construction of the improvements on the Property and thereafter Owner shall not use or permit the use of the Property in violation of the Redevelopment Plan. Owner further covenants and agrees to comply in all respects with the terms,provisions, and obligations of Owner set forth in this Agreement. Owner further covenants and agrees for itself, and its successors and its assigns, that Owner, such successors, and such assignees shall use the Property and every part thereof for REV 08232005 2 (k the construction of the Project and operation of a low income housing project affordable to persons of very low or lower income, as further provided herein. Owner further covenants and agrees that upon completion of the project described in this Agreement and Lease and other agreement by or among the Agency and/or City and CBH as further described in the Scope of Development, Owner shall maintain the Property (including landscaping) in the manner consistent with other similar affordable senior housing projects in the greater San Bernardino area. 5. Use and Rental of the Property. Owner covenants and agrees for itself, its successors, assignees, and every successor in interest that the units comprising the Project (the "Units") and the Property shall be restricted as provided in this section for the Term set forth in Section 2 hereof. (a) Units Restricted to Senior Citizens and/or Persons or Families of Very Low or Lower Income. All of the Units (except for the manager's unit), but in no event less than 119 Units, shall be rented exclusively to Senior Citizens (as hereinafter defined). 108 (excluding the Manager's Unit) of the units will be rented-to Seniors Citizens who are persons or families of very low or lower income, in accordance with the table set forth below, and only for use by such persons or families as their principal residence. Owner shall not permit any transient use, or permit any commercial use, of the Property except as approved by Agency in writing. Only such persons or families of very low or lower income (as applicable) shall be entitled to occupy the Units. Not less than [55] of the Units shall be rented to very low income senior households whose incomes do not exceed 50% of area median income Not less than [53] Units (except for the manager's unit) shall be rented to lower income senior households whose incomes do not exceed 60% of area median income Occupancy levels will comply with those specified by the State of California Tax Credit Allocation Committee rules and regulations, and such other regulations as may exist pertaining to any tax exempt bond financing applicable to the Project. Agency and CBH anticipate that additional regulatory agreements will be recorded on this Project and will further regulate the Proj ect. (b) Maximum Rents. Owner shall rent the Units at a rent that does not exceed the maximum "affordable rent" (as defined below) (including a reasonable utility allowance)that may be charged for very low or lower income persons or households under California Health & Safety Code Section 50053(b) (as amended from time to time), as applicable for the household occupying the Unit. Owner shall be entitled to increase rents one time per year to an amount equal to the maximum amount of"affordable rent" (including a reasonable allowance for utilities)that may be charged for very low or lower income persons under California Health& Safety Code Section 50053(b) (as amended from time to time), as applicable to the Unit. Owner shall be allowed to increase the Rent as allowed by State law, but in no case greater than the area median income (AMI) corresponding to the Unit's Affordable rent. REV 08232005 3 (c) Definitions. (i) "Affordable Rent"means the rent for very low or lower income persons, including a reasonable utility allowance; determined under California Health& Safety Code Section 50053(b) based upon area median income (adjusted for family size appropriate for the Unit) for the very low or lower income household, as amended from time to time. (ii) "Area median income" or"AMP' shall mean the area median income for San Bernardino County as published by the Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093, or the most closely related successor thereto. (iii) "Certificate of Completion"means a certificate to be provided by the Agency to the Developer upon satisfactory completion of the Improvements on the Property. (iv) . "Debt Service"means the total of the payments of principal and interest due and actually made by the Developer during a period on a specified loan, and does not include prepayments. (v) "Gross Income" means all revenues or income collected by the Developer or its affiliates, successors or assigns from the Project, including but not limited to sums paid by all subtenants, licensees and concessionaires. Gross Income shall be determined on a cash basis during any pertinent or applicable,.period, but shall not include security deposits until and unless such security deposits have been forfeited by tenants. Gross Income also'includes- laundry income (except such portion'retained by the vendor),parking, storage, and income from operating cable television, recreation facilities, and any other services at the Project. Gross Income shall not, except for loss of rent insurance proceeds which shall be included, include insurance or condemnation proceeds, or the proceeds from any sale or refinancing of'the Project or any part thereof. (vi) "Market'Rate Unit" shall mean 12 units (or ten percent of the units)that shall not be subject to affordability restrictions, such as "Affordable rent" as defined hereinabove. (vii) "Operating Expenses"means for any period the sum of the following expenses reasonably incurred and actually paid during that period, including actual, reasonable and customary costs, fees and expenses directly attributable to operation, maintenance;taxes and management of the Project, including, without limitation,the following (all of which are deemed customary and reasonable): onsite administrative costs (including materials and labor); payments to an operating reserve account; payments to a replacement reserve account, subject to annual increases by the annual percentage increase as reasonably determined by the tax credit investor, not to exceed 3.5%per year; painting, cleaning, repairs and alterations; landscaping; utilities; rubbish removal; certificates, permits and licenses; sewer REV 08232005 4 I i charges; costs incurred to third parties in connection with generating laundry charges (but in no event to exceed the laundry'charges); maintenance of the storage facilities; real and personal property taxes and assessments; insurance; security; advertising,promotion and publicity; office, j janitorial, cleaning and building supplies; the actual and customary salary payable to any on-site personnel; interset service, cable television, satellite and similar facilities; recreational amenities supplies, utility charges, services, a property management fee (excluding salaries and benefits payable to any on-site personnel),not to exceed eight percent(8)% of Gross Income;purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishings other than from reserves; and fees and expenses of accountants, attorneys, consultants and other professionals, including annual audits and tax return preparation costs payable to a third party; and the deferred portion of the Developer's fee; an annual partnership asset fee, which may be j increased annually by the annual percentage increase in the CPI; an annual asset management fee of Five Thousand Dollars ($5,000), which maybe increased annually by the annual percentage increase in the CPI, but which may only be paid for 15 years following the issuance of a Certificate of Completion. Notwithstanding the foregoing, Operating Expenses shall not include: (i) non-cash expenses, including without limitation, depreciation(ii)payments made from insurance or condemnation proceeds or any costs or expenses paid or reimbursed by others (iii) funds expended from replacement reserves; (iv)the initial cost of constructing the I Improvements, less apprised cost increases, or any expansion or replacements thereof; (v) any penalties or interest resulting from the Developer's failure to pay when due any sums that the Developer is obligated to pay to third parties (e.g., penalties and interest for late payment of real property taxes); (vi) debt service or other payments in connection with financing. (viii) "Persons or families of very low or lower income"means persons whose income do not exceed the amounts set forth in California Health and Safety Code Sections 50105 (very low income) and 50079.5 (lower income) for persons and families who have incomes not greater than the applicable percentage of the area median income (adjusted for family size as appropriate for the Unit) for the applicable very low or lower income categories. j • (ix) "Primary Loan"means the construction loan or the permanent loan obtained by Developer and approved by Agency for the purpose of financing the cost of constructing the Improvements that is not financed with the Agency Funds. (x) "Principal residence"means the principal dwelling place a person uses as such person's usual place of return and occupancy. If a person fails to reside in j and return to such person's unit for at least four (4) days per week for a period of at least nine (9) j months out of any twelve (12) month period, it will be presumed that the Unit is not the principal residence of that person. (xi) "Property"means real property located in Grand Terrace, California, which real property is more particularly described in Exhibit "A"attached hereto. I (xii) "Property Agreements"means this Regulatory Agreement between Owner and Agency respecting the property and any other Agency or City agreement regarding the property. • j , I REV 08232005 5 (xiii) "Residual Receipts"means for any period the amount of Gross Income for that period, less Operating Expenses and Debt Service on the Primary Loan for that period. (xiv) "Senior Citizen" shall mean a person who shall be sixty- two (62)years of age at the time of leasing of the Unit. The terms defined in this Subsection 4(c) are further defined in Title 25 of the California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093, 50105, 50079.5, and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq.,,as amended, and any successor statutes or regulations thereto, are incorporated herein by this reference. 6. Rights of Agency. Prior to the rental of any Unit, Owner shall obtain from the proposed tenant a completed income computation and certification form, in such form as may be approved by the Executive Director of the Agency, and shall verify the income of the proposed tenant. Owner shall verify the proposed tenant's income by standard and customary income verification procedures and practices used for determining eligibility for income,qualifying housing. Agency shall have the continuing right during the Term hereof to verify that the restrictions, limitations and requirements of Section 4 are being complied with and to establish and/or continue a very low and lower income (as defined in California Health and Safety Code Section 50093) housing program at the Property. 7. Covenants and Obligations. (a) Insurance. Owner covenants to keep all improvements from time to time existing on the Property insured against perils included within the general classifications as "fire,""extended coverage," "vandalism," "malicious mischief," and"special extended perils," and all such insurance shall be evidenced by a standard fire and extended coverage insurance policy or'policies in an amount not less than the full replacement cost of the improvements (not including the costs of foundation concrete and excavation that would not have to be incurred upon replacement of the improvements). In addition, Owner shall maintain and have in full force and effect, during the term of this Agreement, a"Broad Form Commercial General Liability" insurance policy in a combined single limit of($2,000,000) Two million dollars. Such policies shall be endorsed with a standard mortgagee clause listing Agency as loss payee (in the case of the extended coverage insurance) and an additional insured (in the case of the liability insurance). A copy of any insurance binders or,certificates of insurance shall be provided to Agency in conjunction with the accounting described in Section 10(b) herein. Said policies shall provide that they cannot be canceled or terminated without thirty (30) days prior written notice to Agency. To the extent that the provision hereof are inconsistent with the insurance requirements of the Agency Loan Documents,the provisions of the Agency Loan Documents shall control. (b) Compliance with Building and Health and Safety Codes. Owner covenants that the Property shall be maintained in conformance with applicable health, building, and safety codes. Owner further covenants that any construction,renovation, repair or REV 08232005 6 i I - I rehabilitation of the improvements shall be undertaken in compliance with all building codes of the City of Grand Terrace applicable at the time of such construction, renovation, repair or rehabilitation. I (c) Obligation to Refrain from Discrimination. Owner covenants that there shall be no discrimination against any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, and Owner (or any person or entity claiming authority under or through Owner) covenants and agrees not to establish or permit any such,practice or practices of discrimination with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants or sublessees of the Property or any part thereof.- Owner also agrees to refrain from any form of discrimination as set i forth above pertaining to deeds, leases or contracts. (d) Form of Nondiscrimination and Non-segregation Clauses. Owner covenants that Owner, its successors and assigns, shall refrain from restricting the rental, sale or lease of the Property, or any portion thereof, in,any deed, lease or contract of sale, on the basis of sex,marital status, race, color, religion, creed, ancestry or national origin of any person. Any such deed, lease or contract shall contain or be subject to substantially the following i nondiscrimination or nonsegregation clauses: (i) In deeds: "The grantee herein covenants by and for itself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, i that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed or the improvements thereon or to be constructed thereon, nor shall the grantee itself or any person 1 claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed or such improvements. The foregoing covenants shall run with the land." (ii) In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased or the improvements thereon or to be constructed thereon,nor shall the lessee himself, or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees,sublessees, subtenants I or vendees of the land herein leased or such improvements." ` (iii) In contracts of sale: "There shall be no discrimination against or segregation of, any person, or group of persons on account of sex, marital status, race, REV 08232005 7 ti color,religion, creed,national origin or ancestry in the sale, lease, sublease,transfer, use, occupancy,tenure or enjoyment of the land or the improvements thereon or to be constructed thereon, nor shall the transferee himself or any person claiming under or through the transferee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location,number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land or such improvements." (e) Duration of Covenants and Obligations. The covenants and obligations contained in Sections 6(a) and 6(b) shall remain in effect until the expiration of the - Term provided for in Section 2 hereof, and the covenants against discrimination provided for in subsections 6(c)) and 6(d) shall remain in perpetuity. 8. Management of the Property (a) Operation, Maintenance and Repair. Owner shall have full responsibility for the operation and maintenance of all improvements on the Property throughout the duration of the Term. Owner shall,upon completion of the Project maintain in the manner of first class residential rental projects, in a first class, neat, clean, safe and sanitary condition and repair, the improvements comprising the Project and all landscaping within the public rights of way which may abut the Property throughout the Term of this Agreement without expense to Agency;and shall perform all repairs and replacements necessary to maintain and preserve said improvements and landscaping in a first class, neat, clean, safe, sanitary and healthy condition in a manner reasonably satisfactory to Agency and in compliance with all applicable laws, and in compliance with all applicable laws and any and all City and/or Agency agreements with Owner. The Lessee shall submit for the approval of the City and Agency a management plan which sets forth the duties of the property manager. The Agency shall have the right to approve the selection of the property manager(s) for the Project, but such approval will not be unreasonably withheld. If the improvements constituting the Project are destroyed or substantially damaged, Owner shall, subject to any applicable provisions of the Agency Loan Documents, repair,replace, or restore such improvements. Following any casualty resulting in damage to or destruction of the Project,the complete work of any reconstruction or replacement shall be at least equal in value, quality and utility to the condition of the Project or landscaping before the event giving rise to the work. (b) Leasing and Occupancy. The leasing and occupancy of the Units shall be in accordance with the management plan approved by the Agency or its delegate. Any modifications or changes to the management plan shall be submitted to the Agency for approval. The management plan shall include the tenant selection criteria,procedures for tenant selection and the establishment and maintenance of waiting lists,the lease and rental agreement, a copy of the"House and Ground Rules" adopted for the Property and all policies and procedures to be used to ensure compliance with the age, income, and any other requirements set forth as conditions for eligibility or occupancy in the Property and shall be consistent with the terms and conditions of this Agreement. The Units shall be leased under rental agreements substantially in REV 08232005 8 a form approved by the Executive Director of Agency. Any modifications or changes in the rental agreements shall be submitted to the Executive Director of the Agency for approval. Agency shall review and approve all policies and procedures established for the successful management of the Property. Subject to the rights of the occupants of the Units, Agency shall have the right to perform an annual on-site inspection of the units, common areas and grounds and to perform an annual tenant file review to ensure that Owner is managing the Property in accordance with the eligibility requirements set forth herein for occupancy. (c) Pre-Leasing. Owner shall perform all advertising and related pre- leasing work as set forth in the approved management plan. Pre-leasing shall be directed to Grand Terrace residents for the initial 60 days, with a subsequent 30-day period of pre-leasing directed to Grand Terrace residents, employees, and extended family members. Leasing plan to be submitted to and approved by Executive Director of Agency. (d) Annual Budget. Owner shall submit or shall cause its Property Manager to submit to the Agency's Executive Director on or before November 1, 2007 (the estimated first year of operation) and each anniversary thereof, an annual budget for the ongoing operation of the Project for approval by Agency, which will not be unreasonably withheld. At the Agency's request, delivered within 30 days after receipt of the budget, each of Owner and the Agency shall cause its respective representative(s) to meet within thirty (30) days following the receipt of request to review the budget in an effort to resolve any matters not agreed to by the parties. (e) Management of Property. Owner shall be completely responsible for the management, administration and operation of the Property including, but not limited to the hiring and discharge of employees, salaries and all other related Property expenses, maintenance and repairs, including capital expenditures, the financial operations of the Property, the rental and re-rental of the residential units in accordance with the occupancy requirements set forth in this Agreement and all operational, maintenance and management responsibilities of an owner in a typical multi-family residential housing project. (f) Reserves. The Owner will maintain operating and replacement reserves satisfactory to the Agency and will not withdraw funds from such reserves without the consent of the Agency, which will not be unreasonably withheld. (g) Management Agency's Failure to Perform. In the event the management agency appointed by Owner for management of the Project fails to perform the obligations imposed upon Owner by this Section 7, such failure shall constitute a default under Section 11 hereof, and if Owner shall fail to cure such default as provided in Section 11 hereof, then Agency shall have the right, in addition to any other remedies of Agency, to require Owner, upon 30 days prior written notice, to appoint a substitute management agency, reasonably acceptable to both Agency and Owner. i 9. Indemnification. Owner shall defend, indemnify, assume all responsibility for and hold Agency, and its respective elected and appointed officers and employees, harmless e from all costs (including reasonable attorneys' fees and costs), claims, demands, liabilities, or REV 08232005 9 judgments for injury or damage to property and injuries to persons, including death,which may be related to the Property or caused by any of Owner's activities under this Agreement,whether such activities or performance thereof be by Owner or anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup,remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA'; 42 U.S.C. Section 9601, et seq.],the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et seq.] and California Health and Safety Code Section Code Section 25280 et seq. on the Property or at any place where Owner owns or has control of real property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not be construed in any way to be a limitation on Owner's indemnity obligations under the DDA. 10. Compliance with Local, State and Federal Laws. Owner shall carry out the provisions of this Agreement and own and operate the Project in conformity with all applicable local, state and federal laws and regulations including, without limitation, all regulations and conditions of funding with respect to.the issuance of the Note (including a regulatory agreement required in connection with the issuance of the tax credits to Owner), and Housing Set Aside Funds under Health and Safety Code Section 33334.2 (as amended from time to time). 11. Accounting to Agency. (a) The books and accounts of the Property shall be kept in conformity with generally accepted accounting practices. . (b) Owner shall submit to Agency annually, on or before May 1 of each calendar year ("Audit Date"), a report setting forth the rental rate of all Units and the income and number of known occupants of all Units. The income information required by this Section shall be supplied by the tenants of the Units in a certified statement on a form from time to time provided by Agency. (c) Owner shall provide Agency audited financial statements of the operations of the Project showing the rents and periods of time each Unit was rented. The first accounting period for which such statements shall be provided shall end on the,last day of the month in which all of the Units have been initially rented to the first occupants,the accounting shall be made to Agency within 30 days of such date, but need not be audited. Thereafter, annual audited financial statements shall be prepared annually for each calendar year, and such audited financial statements shall be delivered to the Agency by the Audit Date of the following calendar year. REV 08232005 10 (d) Owner shall maintain a complete and accurate rent roll listing of all Units, with the very low and lower income Units listed separately, including the names of all tenants, the dates of their tenancies and the amounts of rents and security deposits charged and collected. (e) Agency, its agents and employees, shall have the right, after reasonable notice,to review and inspect, at reasonable times during business hours, the books, records and accounts of Owner specifically regarding the Property, from and after the date of the recordation of this Agreement and until the expiration of this Agreement. (f) Owner shall retain all documents and records pertaining to the rents charged, income of tenants and all matters relating to Owner's obligations under Section 5 of this Agreement, for a period of 3 years and shall make them available to Agency.on 5 business days' prior notice,provided however that if the provisions of any federal or state law or regulation requires a longer period of retention, Owner shall comply with such period or retention. (g) Agency may conduct audits of the rents charged, income of tenants and all matters relating to Owner's obligations under this Agreement within 3 years from the date of the applicable period with respect to which such records relate, and Owner shall cooperate with the Agency's auditors in conducting the audit. Such audits shall not occur more frequently than once each fiscal year. Agency shall pay for the costs of the audit unless the audit reveals that Owner did not materially comply with the provisions of this Agreement, in which case, Owner shall pay all costs of the audit. 12. Violation of Regulatory Agreement And/or Loan Documents by Owner. (a) Owner shall perform each and every obligation set forth in this Agreement between Owner and Agency respecting the Property and any other Agency or City agreement regarding the Property. (b) In.the event of the violation by Owner of any of the provisions of the Property Agreements, then Agency shall give written notice thereof to Owner by registered mail addressed to.Owner at the address stated in this Agreement, or to such other address as may have been designated by Owner. If such violation is not cured to the satisfaction of Agency within the time period specified in the Property Agreement (or if no period is specified, within 30 days after the date such notice is received, or if such violation is a non-monetary obligation that cannot reasonably be cured within such 30 day period, then if Owner fails to commence to cure such violation within said 30 day period and fails diligently to prosecute such cure to completion as soon as reasonably possible but, in not event,no later than 3 months after receipt of notice of such violation),then Agency may without further notice, declare in writing a default under this Agreement effective on the date of such declaration of default, and upon any such declaration of default Agency may apply to any court, State or Federal, for specific performance of this Agreement; for an injunction against any violation by Owner of this Agreement or other Property Agreement Documents, and for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief as may be appropriate, including without limitation damages, and the cost to Agency in enforcing the terms of this Agreement (includingAhe reasonable time expended by Agency staff, consultants, REV 08232005 11 auditors, attorneys and other personnel involved in such enforcement). Notwithstanding the above,the Agency will provide actual notice to the Tax Credit Investor and the Tax Credit Investor will be given an opportunity to cure any and all defaults under this or other Property Agreement by or among the City and/or Agency and the Owner. Such cure rights will be more particularly announced in a partnership agreement to be formed at a later date. The City and Agency will be provided an opportunity to review and comment on the Project's partnership agreement as it relates to cure rights affecting the City and Agency's Default Rights. (c) The remedies of Agency herein, or under any other instrument providing for or evidencing the financial assistance provided herein, are cumulative, and the _ exercise of one or more of such remedies shall not be deemed an election of all remedies and shall not preclude the exercise by Agency of any one or more of its other remedies. (d) Agency shall provide by mail copies of any notice of any violation to all other lien holders who have delivered a request therefore to the Agency and have also recorded a Request for Special Notice in accordance with California Civil Code Section 2924e (as amended), at the address for notices most recently provided by Owner or such lien holders for such notices, and such parties shall have the same right to cure Owner's defaults hereunder on behalf of Owner. 13. General Provisions. (a) The covenants which have been established pursuant to this Agreement shall be deemed to be covenants running with the land for the benefit of the Project Area and Agency in carrying out its statutory responsibilities under California Redevelopment Act(Health and Safety Code Sections 33000 et seq.)to implement the Redevelopment Plan and to provide for the development of low and moderate income housing in the community. The covenants hereof shall be binding upon the Property and run for the benefit of the Project Area and Agency and its successors and assigns, and such covenants shall run in favor of Agency for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate. Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Only Agency and its successors in interest may enforce this Agreement; nothing herein is intended to create any third party beneficiaries to this Agreement, and no person or entity other than Agency or Owner, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. Not by way of limitation of the foregoing, the tenants of the Property are not intended to be third party beneficiaries hereunder. (b) This Agreement and the covenants reservations,restrictions and agreements contained herein shall be a burden upon the Property and shall bind Owner, its successors and assigns with respect to the Property. Owner may not assign any of the benefits of this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by operation of law,without the prior written approval of Agency. REV 08232005 12 (c) Agency and its successors and as and Owner and its successors and assigns as holders of any interest in the Property, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, reservations and restrictions contained in this Agreement. (d) This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof and may not be altered or amended except by writing executed between the parties to be charged. (e) In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to any other relief to which it may be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. (f) If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall, at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable,then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of this Agreement, shall be valid anti enforceable, to the fullest extent permitted by law. (g) The use of the plural in this Agreement shall include the singular and the singular shall include the plural, and the use of one gender shall be deemed to include all genders. (h) Time is of the essence hereof. (i) No waiver by Agency of any breach of or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 0) This Agreement and-all related documents shall be deemed to be contracts made and delivered in the State of California and shall be governed and construed and interpreted in accordance with the laws of said State. Headings and titles herein are for convenience only and shall not influence any construction or interpretation. (k) Any notice required to be given hereunder shall be given by certified or registered mail,postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto as follows: If to Agency: City of Grand Terrace Community Redevelopment Agency 22795 Barton Rd. Grand Terrace, California 923 Attention: Thomas Schwab REV 08232005 13 With a copy to: John Harper, Esq. c/o City of Grand Terrace 453 S. Glassell Orange, CA 92866 Tel.: (714) 771-7728 If to Owner,to: Corporation for Better Housing 15303 Ventura Boulevard, Suite 1100 Sherman Oaks, California 91403 y Attn: Mary Silverstein Tel: (818) 905-2430 (1) This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. [remainder of this page intentionally left blank] REV 08232005 14 IN WITNESS WHEREOF,the parties hereto have entered into this Regulatory Agreement as of the day and year first above written. CITY OF GRAND TERRACE, a public "Owner" Corporation for Better Housing body, corporate and politic By: Thomas J. Schwab By: Corporation for Better Housing, a California corporation, "Owner" Its: By: Mary Silverstein, Executive Vice President CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic By: — Thomas J. Schwab Its: Approved as to Form: Agency Counsel By: Agency Counsel REV 08232005 15 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A: PARCEL 4 OF PARCEL MAP NO. 766, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 PAGE 24 OF PARCEL MAPS, RECORDS OF SAID COUNTY. PARCEL B: THE WEST 125 FEET OF LOT 17 MEASURED PARALLEL TO THE WEST LINE OF SAID LOT, OF VISTA GRANDE TRACT,AS PER PLAT RECORDED IN BOOK 17 OF MAPS, PAGE 10, RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JANUARY 23, 1969 IN BOOK 7170 PAGE 26 OF OFFICIAL RECORDS. REV 08232005 16 State of California } } County of } On , 2005, before me, , a Notary Public,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS,my hand and official seal. Signature (seal) State of California } County of } On , 2005, before me, , a Notary Public,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature i (seal) State of California } County of } On , 2005, before me, , a Notary Public,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } County of } On , 2005, before me, , a Notary Public,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) Check Register Date4-_nctober 27, 2005 t vchlist Voucher List Page: 1 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56370 10/7/2005 001699 CALIF. STATE CONTROLLER 10072005 Fee for Conf. of State Revenue 10-140-250-000-000 100.00 Total : 100.00 56371 10/10/2005 001907 COSTCO#478 0478 16 0231 1" CHILD CARE SUPPLIES 10-440-220-000-000 76.79 10-440-228-000-000 61.25 Total : 138.04 56372 10/10/2005 010019 5 POINT AUTO SERVICE 10042005 Smog'95 Dodge CNG Van 10-440-272-000-000 48.20 Total : 48.20 56373 10/10/2005 010551 PARTY ZONE & PARTY RENTAL 340 Cotton Candy Machine Rental 10-440-228-000-000 37.71 Total : 37.71 56374 10/11/2005 006315 ROLLINS, RICHARD Sept. 2005 Sept. Open/Close/Clean Parks 10-450-245-000-000 1,162.50 Total : 1,162.50 56375 10/12/2005 006597 SCHOLASTIC BOOK FAIRS 10102005 Book Fair 23-200-14-00 772.30 Total : 772.30 56376 10/12/2005 010129 NORTHWEST DISTRIBUTORS 10062005 Pumpkin Patch 23-200-14-00 241.00 Total : 241.00 56377 10/13/2005 001907 COSTCO#478 0478 0902423 CHILD CARE SUPPLIES 10-440-220-000-000 46.92 10-440-228-000-000 38.68 Total : 85.60 56378 10/13/2005 010510 S.B. COUNTY FIRE DEPARTMENT 14516 Reinspect Fee-22799-1/2 Barton, G.T. 15-500-706-000-000 63.00 Page: 1 COMM AGENDA ITEM N'01 VCI1-Ilst ouC er 1st Page:-_ 2_ 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56378 10/13/2005 010510 S.B. COUNTY FIRE DEPARTMENT (Continued) Total : 63.00 56379 10/18/2005 006720 SO.CA.EDISON COMPANY Aug/Sept. 2005 Aug/Sept. electricity 16-510-238-000-000 3,611.90 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 Total : 3,761.30 56380 10/18/2005 003420 INLAND COUNTIES INSURANCE SVCS dental DENTAL INS 2005 10-022-63-00 1,124.60 Total : 1,124.60 56381 10/18/2005 006772 STANDARD INSURANCE COMPANY std STANDARD INS- LIFE AND DISABILITY 10-120-142-000-000 19.50 10-125-142-000-000 11.75 10-140-142-000-000 19.50 10-172-142-000-000 3.26 10-175-142-000-000 2.60 10-180-142-000-000 18.88 10-370-142-000-000 9.10 10-380-142-000-000 6.50 10-440-142-000-000 70.25 10-450-142-000-000 6.50 21-572-142-000-000 5.87 32-370-142-000-000 2.60 34-400-142-000-000 14.94 34-800-142-000-000 13.00 10-022-63-00 1,216.00 Total : 1,420.25 56382 10/18/2005 005452 PACIFICARE OF CALIFORNIA PACIFICARE PACIFICARE HEALTH INS i �. Page: 2 vchlist V Sucher List Page: 3 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56382 10/18/2005 005452 PACIFICARE OF CALIFORNIA (Continued) 10-172-142-000-000 122.49 10-380-142-000-000 265.43 10-120-142-000=000 599.32 10-1757142-000-000 128.04 10-140-142-000-000 1;028.31- 10-370-142-000-000 587.19 10-125=142-000-000 445.70 10-180-142-000-000 676.52 10-440-142-000-000 726.89 10-450-142-000-000 r 222.85 21-572-142-000-000 299.65 32-370-142-000-000 153.48 34-400-142-000-000 759.83 10-022-63=00 6,902.35 Total : 12,868:05 56383 10/18/2005 004587 MANAGED HEALTH NETWORK Oct05 MANAGED HEALTH NETWORK 10-1,2o,142-000-000 11.15 10-125-142-000-000 11.15 10-140-142-000-000 16.68 10-172-142-000-000 2.91 10-175-142-000-000 2.35 10-180-142-000-000 16.70 10-370-142-000-000 7.73 10-380-142-000-000 5.58 10-440-142-000-000 156.08 10-450-142-000-000 5.58 21-572-142-000-000 5.57 32=370-142-000-000 2.35 34-400-142-000-000 18.52 34-800A 42-000-000 11.15 _ Total : 2.73.50 - 56384 10/18/2005 005702 PUBLIC EMPLOYEES' RETIREMENT- PERS100705 PERS FOR PAYROLL END 10 7.05 10-022-62-00- 12,599.45 Page: 3 Vchtist Voucher is -------- -------=,--� --- — Page: 4 ----- --------- 10/1912005 2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56384 10/18/2005 005702 PUBLIC EMPLOYEES' RETIREMENT (Continued) Total : 12,599,45 56385 10/18/2005 005660 POSTMASTER 10172005 Halloween Haunt mailer postage 23-200-64-00 518.39 Total : 518.39 56386 10/1'8/2005 010510 S.B. COUNTY FIRE DEPARTMENT 10182005 Plan Review SP-05-03 23-301-91-00. _ _. _-,_. "1.03.00-_- -- -.-_ -_Total : 103.00 56387 10/19/2005 003210 DEPT 32-2500233683 026829/702007,' SUPPLIES, 10-180-218-000-000 91.52 029940/429763; Sweeper supplies 16-900-254-000-000 57.18 18909/5021461 SUPPLIES 10-805-245-000=000_ 57.30 4039/9020669 SUPPLIES 10-180-246-000=000 29.90 10-180-218-000-000 49.76 10-180-246-000-000 2.32 10-180-218-000-000 3.85 5905/8072500 SUPPLIES 10-180-245-000-000 117.18 97121456 Wall cabinet 10-180-245-000-000 105.82 Total : 514.83 '56388 10/21/2005 001045 ADVANCED COPY SYSTEMS 0151541 C. Care Annual Copier Contract 10-440-246-000-000 350.00 Total : 350.00 56389 10/27/2005 010273- AMERICAN ASPHALT SOUTH INC. 1 STREET'SLURRY 20-200-717-000-000 58,074.92 la Balance on inv. 1 20-200-717-000-000 2,368.48 Total : 60,443.40 Page: 4 vchlist V i.'Cher List \ Page: 5 10/19/2005 - -2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date .Vendor Invoice Description/Account Amount 56390 10/27/2005 010308 AMERICAN ROTARY BROOM CO. INC 241293 4 sets gutter brooms 16-900-254-000-000 337.69 Total : 337.69 56391 10/27/2005 010293 AVAYA, INC. 2722201797 MAINTENANCE FOR PHONE SYSTEM &VOICE M, 10-180-246-000-000 183.46 Total : 183.46 56392 10/27/2005 001391 BERRY, STEVE 10052005 2005 Med Benefit Reimbursement 10-180-139-000-000 176.99 Total : 176.99 56393 10/27/2005 010060- BOUSTEDT, MICHELLE 10172005 2005 Med. Reimbursement Benefit 10-370-139=000-000 155.80 Total : 155.80 56394 10/27/2005 010395 CA CITY MANAGEMENT FOUNDATION 10102005 Annual Dues=T. Schwab 10-120--265-000-000 300.00 Total : 300.00 56395 10/27/2005 001713 CA. DEPT. OF TRANSPORTATION 171950 Aug. 1-215 signal maint/energy 16-510-238-000-000 193.70 Total : 193.70 56396 10/27/2005 010218 CHEVRON &TEXACO CARD SERVICES 7898191957510 Sept. fuel 16-900-254-000-000 379.94 10-180-272-000-000 1,211.69 Total : 1,591.63 56397 10/27/2005 010403' CITY OF REDLANDS AR112386 Aug, CNG Fuel 10-180-272-000-000 51.05 34-800-272-000-000 28.78 . Total : 79.83- 56398 10/27/2005 001840 COLTON, CITY OF 000524 ANIMAL CONTROL CODE ENFORCEMENT 10-190-256-000-000 3,291.66 10132005 WASTEWATER TREATMENT 21-570-802-000-000 196,478.19 Page: 5 —vctrfis t oucher tist _-- -__----- Page= 6 10/1912005 2:49:43PM- - CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56398 10/27/2005 001840 COLTON, CITY OF- (Continued) - Total : 199,769.85 56399 10/27/2005 010147 CORTES, BEA Oct. 2005 Oct. Council &Agency Stipends 32-200-120-000-0'00 150.00 10-110-120-000-000 186.92 Total 336.92 56400 10/27/2005 001930 DAILY JOURNAL CORPORATION. ' B873393 LEGAL ADVERTISING - ---- - ---- - -- --- - - - - -- - - --- - 10-125-230-000=000 134.48 B879103 LEGAL ADVERTISING 107125-230-000-000 64.78 Total : 199.26 - 56401, 10/27/2005.001937 DANKA OFFICE IMAGING COMPANY- 704396595- COPIER CHARGES-- - - - 10-172-246-000-000 20.73 10-175-246-000-000 25.91 34400-246-000-000 57.00 Total : 103.64 56402 10/27/2005 010055 EMPIRE DEVELOPMENT SOLUTIONS 2005.137 CONSULTING 32-600-205-000-000 4,630.00 Total : 4,630.00 56403 10/27/2005 010537 EXECUTIVE SERVICES 662 JANITORIAL SERVICES 10-180-255-000-000 1,125.00 669 Cleaning Supplies 10-180-245-000-000 169.84 Total : 1,294.84 56404 10/27/2005 002450 FERRE', MARYETTA Oct. 2005 Oct. Council &Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 56405 10/27/2005 002500 FIRE_MASTER 113147894 Ann. Fire Extinq. Inspec 10-440-245-000-000 _ 112.71 Total : 112.71 A916- Page: 6 vchlist N` ;her List Page: 7 1.0/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56406 10/27/2005 002740 FRUIT GROWERS SUPPLY 32074951 SUPPLIES 16-900-254-000-000 102.84 32074982 SUPPLIES 10-450-245-000-000 24.31 32075030 SUPPLIES 10-450-245-000-000 228.48 32075071 Equip maint 10-180-246-000-000 43.40 Total : 399.03 56407 10/27/2005 002901 G.T. AREA CHAMBER OF COMMERCE 3792-AD BLUE MT OUTLOOK 10-125-213-000-000 620.00 Total : 620.00 56408 10/27/2005 002795 GARCIA,.LEE ANN Oct. 2005 Oct. Council &Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 218.65 Total : 368.65 56409 10/27/2005 010153 GCS WESTERN POWER & EQUIPMENT X69669 STREET SWEEPER MAINTENANCE 16-900-254-000-000 221.11 X69706 STREET SWEEPER MAINTENANCE 16-900-254-000-000 305.86 X69979 STREET SWEEPER MAINTENANCE 16-900-254-000-000 154.68 Total : 681.65 56410 10/27/2005 002867 GOLDEN PROTECTIVE SERVICES 64132 RUBBER GLOVES 10-440-228-000-000 42.99 Total : 42.99 56411 10/27/2005 010181 GOPHER PATROL Sept. 2005 GOPHER ERADICATION SERVICE 10-450-245-000-000 465.00 10-190-719-000-000 4500 Total : 510.00 56412 10/27/2005 010425 GRAND TERRACE MARTIAL ARTS Oct. 2005 Oct. Martial Arts Class Page: 7 -- vehlis - - -- ---- V uc 1�0s ---- - - - --- -- Page:-- .8 10/19/2005 2:49:43PM CITY OF GRAND TERRACE c Bank code : 'bofa Voucher Date Vendor Invoice Description/Account Amount 56412 10/27/2005 010425 GRAND TERRACE MARTIAL ARTS (Continued) _ 10-430-27 991.90 Total : 991.90 56413 10/27/2005 010039 GREER OWENS, BARRIE 10182005 Reimburse conf. mileage-Anaheim 34-800-270-000-000 48.50 Total : 48.50, 10/27/2005 010061 HERNANDEZ, YOLANDA 10052005 2005 Med Reimbursement Benefit 10-440-139-000-000 45.00 Total : 45.00 56415 10/27/2005 003200 HILKEY, HERMAN Oct. 2005 Oct. Council &Agency Stipends - 32-200-120-000=000 ' 150.00 10-110-120-000-000 250.00 Total : 400.00 56416 10/27/2005 003224 HYDRO-SCAPE PRODUCTS INC. 4128455-00 LANDSCAPE/MAINT SUPPLIES, 10-450-245-000-000 15.17 4145496-00 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 25.32 4150222-00- LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 336.41 Total : 376.90 56417 10/27/2005 010302 IMPRESSIVE ENGRAVINGS 7067 ENGRAVING 23-200-61-00 145.00 Total : 146.00 56418 10/27/2005 003490 INMARK/VICTOR 33641 Name badges-Berry, Ibarra, Shields Page: 8 1 j� vchlist Vuu'eher List \ Page: 9 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56418 10/27/2005 003490 INMARK/VICTOR (Continued) 10-180-210-000-000 11.00 10-172-210-000-000 11.00 10-804-210-000-000 11.00 10-172-210-000-000 13.22 10-180-210-000-000 1.42 10-804-210-000-000 1.41 10-180-210-000-000 0.85 10-804-210-000-000 0.85 10-172-210-000-000 1.77 Total : 52.52 56419 10/27/2005 010552 INTERNATIONAL CODE COUNCIL 10102005 Government Member-R. Shields 10-172-265-000-000 100:00 Total.: 100.00 56420 10/27/2005 003800 JAGUAR COMPUTER SYSTEMS-INC 658315 COMPUTER UPGRADE_ 10-180-701-000-000 848.00 10-180-701-000-000 65.72 Total : 913.72 56421 10/27/2005 003850 JANI-KING LAX10050069 BUILDING CLEANING 10-440-244-000-000 815.00 - Total : 815.00 56422 10/27/2005 010290 KAISER PERMANENTE Nov. 2005 NOV. 00-0005559630 10-110-142-000-000 265.43 10-110-120_-000-000 31.35 - Total : 296.78 56423 10/27/2005 004301 LAMPE, JOHN W. 10172005 2005 Med. Reimbursement Benefit 10-370-139-000-000 215.00 Total,t- 215.00 56424 10/27/2005 010557� LEAGUE OF CA CITIES, LATINO.CAUCUS 10172005 Elected Off. Membership-B. Cortes 10-110-220-000-000 100.00 Total : 100.00 Page: 9 —vch i-1jst Vouch-er—List _ _ _ Page:_ 10_. - - -- -- - - --------- - - - --- ------------- -- - ------- - 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56425 10/27/2005 010414 LEWIS, JENNIFER 10052005 2005 Med Reimbursement Benefit 10-440-139-000-000 40.00 Total : 40.00 56426 10/27/2005 010367 LOMA LINDA UNIV. HEALTH CARE Aug. 2005 NEW HIRE PHYSICALS & EMP INJ'S 10-190-224-000-000 65.00 Total : 65.00 56427 10/27/2005 010554 LOS ANGELES TIMES 277966802 Assist Planner Ad 8/21/05 10-120-230-000-000 805.00 Total : 805.00 56428 10/27/2005 010555 LOTUS GARDEN 10172005 Holiday luncheon deposit 10-190-220-000-000 100.00 Total : 100.00 56429 10/27/2005 004620 MCI TELECOMMUNICATIONS 10042005 Sept. phone charges 10-808-235-000-000 35.88 Total : 35.88 56430 10/27/2005 010446 MILLER, JIM Oct. 2005 Oct. Council &Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 56431 10/27/2005 010097 NEXTEL COMMUNICATIONS 410575025-037 Aug/Sept. Cell Phones 10-180-240-000-000 36379 10-440=235-000-000 50.61 Total : 414.40 56432 10/27/2005 001456 OFFICE MAX-A BOISE COMPANY 271002 Copy paper 10-190-212-000-000 111.64 289115 Copier toner cartridges 10-140-210-000-000 244.58 331899 Colored copier paper 10-440-210-000-000 83.83 559901 Office supplies 10-440-210-000-000 4.97 Page: 10 vchlist Voucher List Page: 11 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code -bofa Voucher Date Vendor Invoice Description/Account Amount 66432 10/27/2005 001456 OFFICE MAX=A BOISE COMPANY (Continued) 563213 Office supplies 10-440-210-000-000 3.31 865050 Time Clock&cards 10-440-219-000-000 256.55 Total : 704.88 56433 10/27/2005 005537 PATTON SALES CORP 1153030 Rect Tube 5' - 10-450-245-000-000 13.63 1160289 Rect Tube 20' 10-450-245-000-000 35.99- Total : 49.62 56434 10/27/2005 005584 PETTY CASH 10272005 Reimburse petty Cash - 10-110-210-000-000 7.18 10-172-271-000-000 15.52 10-180-272-000-000 16.96 10-190-210-000-000 4.61 10-190-211-000-000 43.97 10-190-220-000-000 10.55 10-450-246-000-000 27.10 10-808-246-000-000 -26.78 34-400-210-000-000 1.93 Total : 153.60 56435 10/27/2005 005586 PETTY CASH 10122005 Reimburse petty cash 10-440-220-000-000 10.84 10-440-221=000-000 40.85 1-0-440-,223-000-000 122.77 10-440-228-000-000 41.70 Totaf: 216.16 56436 10/27/2005 010208 RATELLE, DAZE&ASSOCIATES Sept. 2005 CONSULTING 34-400-251-000-000 1,620:00 Total : 1,620.00 56437 10/27/2005 010171 REPUBLIC ELECTRIC 4097 SIGNAL MAINTENANCE AND DAMAGE,REPAIR Page: 11 —wh ist _ _ Voucher Lis Page: _ 12 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56437 10/27/2005 010171 REPUBLIC ELECTRIC (Continued) 16-510-255-000-000 362.25 4098 SIGNAL MAINTENANCE AND DAMAGE REPAIR 16-510-255-000-000 537.00 Total : 899.26 56438 10/27/2005 006285 RIVERSIDE HIGHLAND WATER CO 10102005 Assessment-21974 DeBerry 32-600-213-000-000 9.53 2230 SEWER BILLING OUTSOURCE 21-572-255-000-000 1,576.82 Total : 1,586.35 56439 10/27/2005 006331 RONNOW, LARRY 10052005 2005 Med Reimbursement Benefit 10-140-139-000-000 362.55 Total : 362.55 56440 10/27/2005 010139 ROSENKILD, ROCHELLE 10062005 Reimburse supply expense 10-804-210-000-000 35.93 Total : 35.93 56441 10/27/2005 010556 S. B. COMMUNITY COLLEGE DIST. 10182005 FY 04/05 Statutory Pass-through Pmt 33-021-20-00 7,442.00 Total : 7,442.00 56442 10/27/2005 006451 S.B. COUNTY ASSESSOR 101010 Map revisions 10-370-220-000-000 - 27.00 Total : 27.00 56443 10/27/2005 006524 S.B COUNTY AUDITOR/CONTROLLER 10182005 FY 04/05 Add'I ERAF 33-021-20-00 33,256.00 Total : 33,256.00 56444 10/27/2005 006531 S.B. COUNTY SHERIFF 6174 SHERIFF CONTRACT 10-410-255-000-000 3,361.50 10-410-256-000-000 102,637 80 14-411-256-000-000 20,911.70 Total : 126,911.00 a Page: 12 vchlist Voucher List f Page:. 13 10/19/2005 2:49:43PM CITY OF GRAND TERRACE - Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56445 10/27/2005 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT206CC HOUSEHOLD HAZARDOUS WASTE FEES 10-190-258-000-000 2,670.50 Total: 2,670.50 56446 10/27/2005 010040 SCOTT, MARY J. 10172005 2005 Med. Reimbursement Benefit 10-440-139-000-000 316.04 Total : 316.04 56447 10/27/2005 006681 SMART& FINAL 8019650 FOR COUNTRY FAIR 10-804-220-000-000 114.24 Total : 114.24 56448 10/27/2005 006730 SO.CA.GAS COMPANY Sept. 2005 Septa natural gas 10-190-238-000-000 99.55 10-805-238-000-000 15.94 10-440-238-000-000 38.83 Total : 154.32 56449 10/27/2005 006898 SYSCO FOOD SERVICES OF L.A. 5092820652 FOOD SUPPLIES 10-440=220-000-000 12.22 5100505527 FOOD SUPPLIES 10-440-220-000-000 -25.86 510050553 5 FOOD SUPPLIES 10-440-220-000-000 596.74 5101206034 FOOD SUPPLIES 10-440-220-000-000 79.11 5101206042 FOOD SUPPLIES 10-440-220-000-000 317.86 510132296 3 FOOD SUPPLIES - 10-440-220-000-000 27.40 Total : 1,059.19 56450 10/27/2005 010252 TRAFFIC OPERATIONS INC. 5268 CITYWIDE STREET STRIPING 20-200-723-000-000 5,568.14 5269 CITYWIDE STREET STRIPING 20-200-723-000-000 550.00 Page. 13 —vchlis Voucher List ---- ----- -- -------- ---- - ----------- - ---Page:-----14- ----- 10/19/2005 2:49:43PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account - Amount _ 56450 10/27/2005 010252 TRAFFIC OPERATIONS INC. (Continued) Total : 6,113.74 56451 10/27/2005 007034 TRANSPORTATION ENGINEERING 542 AUG. CONSULTATION SRVS 10-180-255-000-000 852.50 10-370-255-000-000 518.50 - 542a Aug. Consulting Srvs 10-175-255-000-000 570.00 - -- - 546-- --- TRAFFIC ENGINEERING - -- 10-370-255-000-000 227.50 546a CONSULTATION 10-180-255-000-000 327.50 Total :_ 2,496.00 -56452 10/27/2005 010421 VILLAGE ENTERPRISES, DARCY MCNAB 05 61 Sept. consulting 10-180-255-000-000 230.00 ' - Total : 230.00 56453 10/27/2005 007854 WESTERN EXTERMINATORS CO 249441 ' PEST CONTROL 10-180-245-000-000 80.00 10-440-245-000-000 68.50 10-805-245-000-000 30.50 - 34-400-246-000-000 35.50 ' Total : 214.50 56454 10/27/2005 007987 XEROX CORPORATION 012873566 COPIER USAGE 10-190-700-000-000 453.96 10-190-700-000-000 35.18 Total : 489.14 #####ft 10/13/2005 007400 U. S. BANK TRUST N.A. Oct. 2005 LEASE PAYMENTS 33-300-206-000-000- 23,201.25 Total : 23,201.25 - 86 Vouchers for bank code: bofa Bank total : 525,797.62 -I certify that, to the best of my knowledge, the afore-listed checks for payment Total vouchers : 525,797.62 of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate expenditures for the operation of the City and Agency. r Page: 14 Larry Ronnow, Finance Director CITY OF GRAND TERRACE , CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 13, 2005 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 October 13,2005, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes,Mayor Pro Tern Herman Hilkey, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields, Building&:Safety Director Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriff's Department Colin Burns, Attorney, ABSENT: Lee Ann Garcia, Councilmember John Harper, City Attorney The City Council meeting was opened with Invocation by Raul Montano, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Mayor Pro_Tern Bea Cortes. ITEMS TO DELETE -None SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2005-107 MOTION BY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEM 3ER MILLER,CARRIED 3-0-1-1 (COUNCILMEMBER GARCIA WAS ABSENT AND MAYOR PRO TEM CORTES ABSTAINED), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated October 13, 2005 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 09-22-2005 Minutes 3D. Authorization for Staff to Attend the League of California Cities New Law and Election Seminar in Monterey, December 7-9, 2005 COUNTM AGENDA ITEF0 NO J3(�, i Council Minutes October 13,2005 Page 2 PUBLIC COMMENT i Richard Rollins, 22737 BartonRoad, indicated that he is addressing the Council on behalf of the Crime Prevention Committee. He thanked the Council for supporting the new California Sexual Predator Punishment and Control Act. He stated that the Crime Prevention Committee will be taking an active role with regards to this law. Charles Hornsby, 22656 Brentwood Street, questioned what a Buffer Zone is as referred to in the City General Plan. Gary Koontz,Community and Economic Development Director,stated that there really isn't a specific definition of a buffer zone. It is how it is interpreted by each city. A buffer zone can be a zone of high density residential buffering a single family residential from and industrial neighborhood or a commercial neighborhood. It can be a buffer zone of walls and landscaping. Staff can research it and get back to him. J ORAL REPORTS i 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of 09-12-2005 CC-2005-108 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM CORTES,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to accept the September 12, 2005 Minutes of the Historical and Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of 09-06-2005 i CC-2005-109 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to accept the September 6, 2005 Minutes of the Emergency Operations Committee. b. Appoint Regular Member(Taylor) CC-2005-110 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY, CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to appoint Susan Taylor as a regular member to the Emergency Operations Committee with a term continuing to June 30, 2006. i Council Minutes October 13,'2005 Page 3 COUNCIL REPORTS Mayor Pro Tem Cortes,requested an update from Gary Koontz with regards to a SANBAG meeting that he was involved in. Community and Economic Development Director Koontz,reported that last Thursday there f was an internal meeting with SANBAG,the County of Riverside and SANBAG's Engineers on the segment design for the freeway in front of Grand Terrace. They are at a point now on their overall project design that they are looking at alternative design concepts for all of the interchanges and what they will ultimately look like when the full freeway is built out. They prepared a variety,of scenarios and alternative designs and wanted our initial input on which ones we thought might be more acceptable than others. They looked at Center,Street, La Cadena,possible movement of La Cadena down to Main Street and definitely Barton Road. They narrowed it down to two or three designs out of eight or nine that might be worth looking at..There were no final decisions made these are just the very starting point. There will be a lot of meetings coming up all of the City Councils will be,actively involved. Mayor Pro Tem Cortes, questioned what happened,on September 22, 2005 in town. Lt. Guerra, San Bernardino County Sheriffs Department,responded that they were looking for an individual that day that was a parole at large and is also wanted by the;City of Colton for anotherrfelony investigation. He did escape,however they do have some leads that they are looking into. The Colton Police Department is working on the investigation: Mayor Pro Tem.Cortes, referred to an article that was in the Blue Mountain Outlook with regards to Emergency Preparation. The County is also trying to do some preparation as well. She thanked Assistant City Manager Berry and the Emergency Operations Committee for providing the information to the Blue Mountain Outlook. She referred to an article that she read in the Press Enterprise regarding the class that the Rialto Fire Station is providing for being certified in case of an emergency. She questioned why Grand Terrace is going to Rialto for certification and asked if it is possible to have that class here in Grand Terrace: Assistant Ci , Manager, responded that staff researched it and the closest location for the Community Emergency Response Team Training is in Redlands and Rialto. Rialto seemed to have the most classes. They need to have a group of approximately twelve people to have the class in Grand Terrace. He has had a number of people calling to get information about the training. Mayor Pro Tem Cortes; reminded everyone that the Women's Club is having their Hamburger Fundraiser at the Country Fair. She is selling tickets for$3.00. She welcomed the new Director of Building & Safety/Public Works, Richard Shields. She reported that Gary Moons passed away and that the Finance Director, Susan VanHorton, ,for SANBAG Council Minutes October 13,2005 Page 4 has lung cancer. She also reported that Gil Molini, a member of the Lion's Club,wife has Cancer. i Councilmember Hilkey, reported that Gary Moon was the construction manager for SANBAG for many years. He did an amazing j ob of balancing the construction companies, the politicians, and ,the State for the 210 Freeway, connecting Los Angeles to San Bernardino. He reported that Council attended the League of California Cities meeting last week. They have many seminars and it is a good time for City Staff and Councilmembers who are in similar situations to get together. He felt like it was a good event. He got a 20 year planner from the League of California Cities and was impressed that they come up with something like this and made him that Council needs to start writing out their long term goals. Councilmember Miller, echoed what Councilman Hilkey said with regards to the seminar. There were a lot of good sessions and a wealth of knowledge to be obtained. They had a session on graffiti and he will pass on the information to staff. He reported that the Grand Terrace Foursquare Church will be holding a graffiti paint out on Saturday, October 29'in the Gage Canal. He feels that it is important that the graffiti be removed quickly,however pictures should also be taken so that we have records of the graffiti so that we may be able to catch those who are doing the graffiti. With tagging,individuals usually live within a two mile area of where they have been tagging. He noticed when going down Canal Street that the parking garages behind the Highlands have been getting hit lately. He is in support of looking what the definition of Buffer Zones are for Grand Terrace. Mayor Ferre,reported that she attended with the rest of the Council the League of California Cities Conference and the General Session Speakers were outstanding. She attended the graffiti session along with Councilmember Miller which was very worth while. She stated that last May the Council appointed a Council Procedures Committee and requested that there be a report from,the Committee at the first meeting in January. i City Manager Schwab, stated that they should be able to do that sooner than January. I i i Mayor Ferre,requested that the procedures be reviewed by the City Attorney to be sure that we are legal in all area's. The Volunteer Appreciation BBQ was held on October 1,2005 and there were three Councilmembers that attended, Mayor Pro Tem Cortes, Councilmember Garcia and herself. She stated that City Clerk Brenda Stanfill did a good job of putting together and it was a lot of fun for her and hopes that it was enjoyable for the volunteers. They are extremely appreciative of the volunteers. On September 27,2005 Mayor Pro Tern Cortes and herself attended the Grand Terrace Care Center for a Veteran's Appreciation Evening. The administrator did an excellent job of honoring those in the care center who are veterans. There are thirty-two veterans at that center that attended the awards and celebration. One of the thirty-two was a woman. She was very honored to be apart of the Council Minutes October 13,2005, Page 5 ceremony. ° PUBLIC HEARING 6A. A Resolution Approving Tentative Tract Map No. 04-01 (TTM 16624)for a 15 Unit Single Family Residential Development with one Open Space Lot in the City of Grand Terrace, California An Ordinance Approving Specific Plan No. 04-02(SP-04-02)for a Lot Subdivision with 15 Single Family Detaclied,Units and.One Open Space Lot,on a Two Acre Site Located-on the North Side of DeBerry Street Between the Gage Canal on the Vest and Mt. Vernon on the East and Environmental Review Case No. 04-01 (E-04-01)- Mitigated Negative Declaration as Provided bythe California Environmental Quality Act (CEQA) John Lampe, Associate Planner, stated that the proposed project consists of fifteen (15) detached, single family homes on fifteen residential lots with an average lot size,of 5,468 square feet. The homes will all be one story in height. All but two will have garages on the back with vehicular access provided by a 20-foot wide public alley in the back. A sixteenth lot proposed on the corner of DeBerry Street and Mt.Vernon Avenue will be offered to the City as a proposed park site. The subject site consists of two parcels totaling about 2 acres located on the northerly side of DeBerry Street between the Gage Canal on the west and Mt. Vernon Avenue on the east. The property is very long, about.800 feet, but only_100 feet deep. It is a difficult piece of property to develop which was left over when the area was subdivided many years ago. It also lies directly across the street from a large apartment development, "The Crest". It should be noted that-the only requests that are before the City Council are the proposed Specific Plan No.04-.02,SA-04-03,SA-04-04 and SA-04-05,have already been approved by the Planning Commission contingent upon the approval of the Specific Plan and Tentative Tract Map by the City Council. The Site and Architectural Review applications were for the design and appearance of the individual homes proposed for this development. He again noted that this is a very difficult piece of property to develop. Not only does it have an unusual shape,long and narrow,but it lies directly across the street from a large apartment project. Because of these circumstances, both staff and the Commission felt that some sort of modification of the typical Rl standards would be' appropriate as proposed under the Specific Plan. Both Staff and Commission'have spent a very long time working with the applicant and the pi=ior developer and also the new developer to come up with a good recommendation to the Council for this property. With the changes made by the new developer, the Planning Commission felt it could make that recommendation for this project. The Planning Commission and Staff recommend for approval of the Ordinance for the Adoption of the Specific Plan No. 04-02 and the Resolution of Approval for Tentative Tract Map No.04-01. Mayor Pro Tem Cortes, questioned what type of park will be placed on the corner. J Council Minutes October 13,2005 Page 6 Community and Economic Development Director Koontz,responded that it is a small parcel it will be mostly landscaping nothing active. Ci . Manager Schwab, stated that it will be low landscaping. Mayor Pro Tem Cortes, questioned when the construction would begin. Community and Economic Development Director Koontz,responded that theywould assume that it would begin as soon as possible but would have the applicant answer that question during his presentation. Mayor Pro Tem Cortes, indicated that the reason she questioned when construction would begin is because traffic during specific times of the day can be heavy in that area. Community and Economic Development Director Koontz,stated that they are limited by the noise ordinance for hours of operation. Typically the contractors are done around 3 p.m. in the afternoon. They would expect minimal impacts to traffic in that area because of this proj ect. Mayor Pro Tem Cortes, questioned if a fence will be place around the construction site. Community and Economic Development Director,responded in the affirmative,for security purposes and safety issues. I � Mayor Pro Tem Cortes,questioned ifthe construction trucks will be going on DeBerry going west. Community and Economic Development Director, responded that he would defer that j question to the developer. i Councilmember Hilkev, questioned why they didn't choose to build apartments. Community and Economic Development Director Koontz, felt that their decision was a marketing decision. Councilmember Hilkev, stated that it looks like they are going to build 13 or 14 rentals. It is possible to require a landscape association for the front yards so that we have some consistency in the yards. Community and Economic Development Director Koonts,responded that there was a lot of discussion regarding that. There was a landscape plan that was submitted and approved by i the Planning Commission for all of the front yard landscaping that complies with all of the i i Council Minutes October 13,2005 Page 7 requirements of the City. If Council would like to they can add a condition of a homeowners association that would take care of the landscaping or a landscape district that the City would have to be involved in. , Councilmember Hilkey, stated that the plans are very nice and questioned when they go for final sign off do they have to have all of the extras included. Community and Economic Development Director Koontz, responded.that part of the final sign-off is staff going out and confirming that the project looks like what was approved. Councilmember Miller,shares the same thoughts as Councilmember Hilkey with regards to the landscaping. He questioned how the sprinkler drainage would be handled. He questioned if the puddling on DeBerry has been taken care of. Associate Planner Lampe, stated that water run-off would be just like any other residential block it would have to flow towards the street. He stated that the he believes that with the project that is going in west of this property the standing water issue should be remedied. Councilmember Miller, questioned if they are going to allow street parking on DeBerry. Cily Manager Schwab,responded that this project doesn't address street parking. Currently on street parking is allowed. Unless the residents request that on-street parking not be allowed, it will be allowed. Councilmember Miller,feels that the parking in the back will be limited. His other concern is that there are apartments across the way and they park on both sides of DeBerry and doesn't want it to become a problem. He requested clarification on page 11 where it states that the site is located just west of Mt. Vernon Avenue which has been identified in the City's Noise Element as an existing and future noise generator. Associate Planner Lampe, responded that a few years ago a noise element was adopted, a mandatory elements of the General Plan under State law. They looked at the noise contours as projected by the noise element. There is a certain amount of noise that will be generated from Mt. Vernon, but to mitigate that they required the applicant to prepare an acoustical study that was submitted. The conclusion was that this proj ect meeting the requirements to insulate the homes on the east end of the project would be adequately mitigated from the noise coming from Mt. Vernon. Councilmember Miller, questioned who will be maintaining the,alley way behind the property. Associate Planner Lampe, stated that the alley will be improved and the long term i 1 Council Minutes October 13,2005 Page 8 I maintenance of it will be the responsibility of the property owners. Jason Karg_er, 19237 Dandelion Court, addressed some the questions from Council. The property will be fenced and secured from any type of access. He stated that they would like to start the project as soon as possible and would like it to be completed by the end of next year if not earlier. They will start at 7:00 a.m. He indicated that apartments were their first choice,however,it was shot down due to too many oppositions. They want to work with the City, Council and the Commission and to make the process as easy as possible so that everyone is happy. He stated that they would prefer not to have a Home Owners Association, it seems to scare potential buyers away. Councilmember Hilkey, asked if a landscape district is feasible in a situation like this. I I I Jason Karger, stated that he would check into it but that his first response would be that he would prefer not to do that. I Councilmember Hilkey, questioned if a landscape district remains the owners property or does it become public property. City Manager Schwab,responded that in an assessment district the land would still remain the property of the owner the district would maintain it. For such a small project it will be ' expensive to put it together. He would not recommend an assessment district for this project. He feels it would be cheaper to have a Home Owners Association. r Mayor Pro Tem Cortes, stated that the parking on DeBerry is horrendous after 5:30 p.m. Councilmember Miller, questioned what the developer is going to do about parking. I Jason Karger, stated that each property will have a two car garage. Councilmember Miller,questioned if the developers father owned the apartments behind the property. Jason Karger, responded in the affirmative. Councilmember Miller, questioned if his father is responsible for the alley way behind the apartments that he owns. Jason Karger, stated that the alley was dedicated to the County years ago but that they accepted only a potion of it. Councilmember Miller, questioned what the City's position is on the alley way. I i I i Council Minutes October 13,2005 Page 9 City Manager Schwab, stated that if it is offered for dedication the City would not accept it. The only other alley way is between Mt. Vernon and Holly,.the City has. not accepted dedication of that alley and provide no.maintenance to it. Councilmember Miller, stated then it would be up to the property owners to maintain it. Jason Karger, stated that they have to find out who.own the alley way and if they own it the property owners will have to maintain it and they would include that in the purchase ' agreement. Councilmember Miller, questioned what the developer is going to do -about the noise element. Jason Kamm referred that question to his engineer. Paul Welche, 1572 N. Waterman Ave., stated that when they proposed the apartments and the acoustical study was done there were recommendations made not to have certain windows on the Mt. Vernon.side as well as more insulation and now that the park will be in between the houses and Mt. Vernon so he feels that the situation'has improved. Councilmember Miller,requested,that he follow up on the drainage issue. Paul Welche, stated that they have to do a storm water pollution plan and also a water management plan and both plans have been submitted to City Staff. He stated that there are a lot of new rules that have come out with regards-to drainage. Due to the standards that are out there very little water will leave the landscape. He stated that it is hard to figure out who owns the alley way. He stated that the houses are going to cost in the $400,000.00 price range and it seems like that price range wouldn't be rentals. Councilmember Miller, questioned what the price range will-be of the homes. Jason Karger, stated that their projections are low to mid$400,006.00. Mayor Pro Tem Cortes, she believes that the parking on DeBerry Street are.visitors not residents of the apartments. She stated that the rent at the apartments start at$850.00. Mayor Ferre,she questioned the developer how they will handle it if the alley is the driveway to the homes and there isn't a clear answer as to who owns the.alley. Jason Karger,responded that if they own the alley they will be responsible for the upkeep. Mayor Ferre, questioned if someone is .researching the ownership of the alley. Council Minutes October 13,2005 Page 10 City Manager Schwab, stated that they will have to rely on title reports that come back on the property. If part of the property has been dedicated to the County back before the City j incorporated we will have to look at that. The City has never maintained the alley. He would assume you have to own the property to build the alley. Staff will have to research it. Councilmember Miller, questioned if the City owns the alley then what. f I City Manager Schwab, responded that if it was dedicated to us it would be dedicated as a public street. We would own it like any other public street. i j Councilmember Miller, stated that he heard that they were going to re-pave the whole alley j and questioned if they would do that whether they owned it or not. Jason Karger,responded in the affirmative. City Manager Schwab, stated that there is only half of an alley there. Community and Economic Development Director Koontz, stated that he has to install underground utilities all the way up the alley. By the time the ditches are dug they will have to re-pave everything. 1 j Mayor Ferr6 opened the public hearing for discussion. Bobbie Forbes, 11850 Burns Avenue, would be concerned about the parking on DeBerry. She questioned if there would be driveways in the back of the houses off of the alley. She feels that it is important to have at least enough space to park a car so that the property owners can wash their cars. She questioned of the parking on DeBerry could be controlled. She stated that the current alley looks awful. She also stated that there are so many ways for people to purchase property and it is hard to control owner occupancy. Paul Welche, responded that there will be available parking in the alley for each property. He stated that he doesn't feel that the parking on DeBerry Street should be limited that there are ways that the City may be able to control the parking on DeBerry and gave some suggestions. Chuck Hornsby, 22656 Brentwood Street, stated that the issue is the number of homes that they are proposing to build on a small stretch of land. Mayor Ferr6 returned discussion to Council. Councilmember Hilkey, clarified that the parking issue is not with the homes it is the intrusion by the apartments onto the perspective buyers of the homes. There is an issue of I Council Minutes October 13,2005 Page 11 the owners of the alley way. There is a concern about the upkeep of the homes. He strongly feels that a Home Owners Association can address the issue of parking, alley issue and landscaping issue. Mayor Pro Tem Cortes,feels that the parking issue is with the apartments and questioned if there is anything that can be done. She stated that semi-trucks also park on DeBerry. City Manager Schwab,responded that it is a public street and as such anyone can park there. The City has the ability to control the parking on a public street,however we don't have the law enforcement resources to check for permits. He suggested that there be a disclosure regarding the parking issue and that parking on the public street will be allowed. Councilmember Miller,expressed his concern with the parking on DeBerry and feels that this will be an ongoing issue for the Council. He feels that the issues that Councilmember Hilkey has brought up are important. He stated that maybe they should consider taking out a couple of the homes to allow for a parking lot for,visitor parking. He stated that without clear answers to the issues that have been brought up he will not be able to vote for it. Mayor Ferre, questioned if a semi-truck parks on the street can a citation be written. City-Manager Schwab, responded that if a semi-truck parks on the street we can do something about it. Currently the truck parks on the lot with the permission of the property owner. Mayor Ferre,stated that the parking issue is an issue of the apartments not the development. Councilmember Hilkey, questioned what Cape Terrace Townhomes does for parking. City Manager Schwab,responded that Cape Terrace Townhomes was developed'as a condo project they were required to have so many parking spaces per unit and they also provide guest parking. Mayor Pro Tem Cortes,the lot needs to be developed,however,there are issues that should be addressed. Mayor Ferre,stated that she feels even if the number of homes that are built the parking will still be a problem. Councilmember Miller,suggested that the developers should look at giving up one home and provide parking for visitors and homeowners that is gated and only available for those who live there. He also suggested that there be a Home Owners Association. He would like to see an answer' of who owns the alley way. , i i 1 Council Minutes October 13,2005 Page 12 Councilmember Hilkey, questioned if it is possible to give back the alley way if in fact it is owned by the City. City Manager Schwab, responded that staff will research and find out if the City owns any Of the alley that is currently there. Mayor Ferre, stated that she is very much in favor of developing that corner. CC-2005-111 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER HILKEY, CARRIED 3-1-1-0 (MAYOR FERRE AND .COUNCILMEMBER GARCIA WAS ABSENT), to Continue the Public Hearing to November 10, 2005 I for a Resolution Approving Tentative Tract Map No. 04-01 (TTM 16624) for a 15 Unit Single Family Residential Development with one Open Space Lot,in the City of Grand Terrace, California and an Ordinance Approving Specific Plan No. 04-02 (SP-04-02) for a Lot Subdivision with 15 Single Family Detached Units and One Open Space Lot on a Two Acre Site Located on the North Side of DeBerry Street Between the Gage Canal on the West and Mt.Vernon on the East and Environmental Review Case No. 04-01 (E-04-01)-Mitigated Negative Declaration as Provided by fthe California'Environmental Quality Act (CEQA) and to direct staff,to ask the . developer to research lowering the amount of units that they are currently proposing by two or three so that there can'be a parking area that would be only for those people that live there,that will be gated, the possibility of a Home Owners Association -, applied to those units and determine who the owner of the alley way is prior to the meeting. f , UNFINISHED BUSINESS -None R NEW BUSINESS 8A. Request, to Approve the Settlement and Release Agreement with Adelphia I Cablevision Regarding the Underpayment of Franchise Fees from 2001-2002 f CC-2005-112 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to approve the "Settlement and Release Agreement" with Adelphia Cablevision for $3,821 as restitution for underpaid franchise fees from 2001-2002. i 8B. Schedule November and December City Council Meetings CC-2005413 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER HILKEY,CARRIED 4-0-1-0(COUNCILMEMBER GARCIA WAS ABSENT),to schedule one meeting for Nover4ber to be held on the 10', and one regular meeting for December to be held on the 8`h to begin at 7:30 p.m. following the City Birthday Council Minutes October 13,2005 Page 13 Celebration. CLOSED SESSION 9A. Real Estate Negotiation-22874 Arliss Mayor Ferr6 reported that the Council met in Closed Session to discuss Real Estate _- Negotiations at 22874 Arliss and that no Action was taken due to the fact that there was not a Closed Session quorum. Mayor Ferr6 adjourned the meeting at 8:30 p.m. until the next CRA/City Council Meeting which is scheduled to be held on Thursday, October 27, 2005 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace � DATE:October 13,2005 C.1Ty W.O. #12-2.1108 G C� GRRND TERRflC ., .. STAFF REPORT 1-61 UGH xo0 CRA () COUNCIL ITEM (X) MEETING DATE: October 27,2005 DEPARTMENT OF BUILDING & SAFETY, FUNDING REQUIRED NO FUNDING REQUIRED xx PUBLIC WORKS AND HOUSING SUBJECT: , Approval of Final Parcel Map, 17041. 22795 Barton Road Suite B APPLICANT: Lindsay Parks, Trustee of Grand Terrace Real Estate Grand Terrace Trust. California 92313-5295 Civic Center LOCATION: Lot 12, of Vista Grande Tract., Book 17, Page 10, of (909) 825-3825 maps records of San Bernardino County California, Fax (909) 825-7506 lying within Section 33., T1S., R. 4W., SBM. and situated on the northwest corner of Grand Terrace Road and Barton Road. RECOMMENDATIONS: That the City Council adopt Resolution No. to: a 1. Approve Final Map No. 17041 2. Accept the street improvement Bonds on file with the City. 3. Request the Mayor to Sign the Parcel Map. 4. Direct the City Clerk to record the Parcel Map with the San Bernardino County Recorders Office. BACKGROUND: Parcel Map No. 17041 is located Between Barton Road and Grand Terrace Road. The parcels will be developed by Lindsay Parks,Trustee for Grand Terrace Real Estate.Bonding for the street improvements have been received and is on file. The parcel map was approved by the Planning Commission on March 17, 2005. All of the conditions of approval necessary for the final map recordation have been met by the owner of the property, therefore staff recommends City Council approve the final parcel map. CAStaffReports\PM 17041 wpd COUNCIL AGENDA ITEM N0 0V �t I RESOLUTION NO 2005-_ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,'- APPROVING PARCEL MAP 17041,AND ACCEPTING THE PERFORMANCE BOND FROM LINDSAY PARKS,TRUSTEE FOR GRAND TERRACE REAL ESTATE. i I t WHEREAS, Parcel Map No. 17041, has been previously approved by the Planning Commission on March 17; 2005, 1 WHEREAS, all the conditions of approval for the,recordation of Parcel Map have been met by the Owner, Lindsay Parks, Trustee for Grand Terrace.Real Estate. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace that the City Council approved Parcel Map 17041,and accepted the Faithful Performance Bond for street improvements. 1 The bonds submitted by Lindsay Parks, Trustee for Grand Terrace Real Estate, is a Faithful k Performance agreement for work which is to be performed on Barton Road as follows: Improvement Bond Number G Street,,curb and gutter 661115092 Street light 661115092 f , BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Parcel Map Agreement on behalf of'the City. r APPROVED-AND ADOPTED this , day of , 2005 MAYOR ATTEST: CITY CLERK Attachment: - Subdivision Improvement Performance Bond I i i I ' I I ' SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO. 661115092 $ 1400.00 premium is for a term of TWO year(s) KNOW ALL MEN BY THESE PRESENTS: That we, GRAND TERRACE REAL ESTATE TRUST as Principal, and LINCOLN GENERAL INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto the CITY OF GRAND TERRACE as Obligee,in the penal sum of FORTY FIVE THOUSAND DOLLARS ($45,000.00 )Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which agreement,identified as Lr t 13ht� � j!�A LWL�,,Nfif N is hereby referred to and made a part hereof;and Whereas,said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now therefore, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors, administrators, successor or assigns, shall in all things stand to and abide by, well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as.therein provided, on his or their part, to be kept and performed at the time and in the manner therein-specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless obligee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal sum specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to.the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on OCTOBER 13,2005 PRINCIPAL: GRAND TERRACE REAL ESTATE TRUST ZLINC/OGENERALN` RANCE COMPANY kba SURET -�-ee L11rnl 1l) ^ryin ��Jt+ �— YUNG T.MU CK, t ��C At',orney n-Fact i CALIFORNIA ALL-PITS®SE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE ) i before me, JENNIFER K. SMITH On@ l� '1- NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK p ersonally known to me (or proved to me on the basis of satisfactory to evidence) e that he/she/they executed the ame(s) is/are subscribed to the within instrument and acknowledged their signature(s) on the s ame in his/her/their authorized capacity(ies), and that by his/her/execut d th instrument the e instrument person(s), or the entity upon behalf of which the person(s) acted, � C�L FrH ,IFNNIFER K.SMITH C�! wP' 2 F� COMM.# 1479028 20 NOTARY PUBLIC-CALIFORNIA '� � WITNESS my hand and official seal. ORANGE COUNTY Bed; comet Expires MAR 26,zoos ° (SEAL) I TARY UBLIC SIGNATURE OPTIONAL INFORMATION i TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT i i i I I i i I LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY, KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other - obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary'are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any'related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force•and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused4;w presents to J be signed by its duly authorized officers this 4th day q&Pt0Tbg 2002. IN$(J��///7 Attest: � ' �ypORATE '7 Gary J. do ,Se tary _—O, cap -- S ?� Pre Z': 1977 =c) The Commonwealth of Pennsylvania __.�: .o ;O York County — O� F S v �Q' a Nh YL 0 On this 4th day of September, 2002,before m�Qonallcama C. Bhojwani,to me known,who being duly sworn,did depose and say:that he is the President of the Corps A*l }?) in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was,affixed thereto by order and authority of the Board of Directors of said Company,and'that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal , The Commonwealth of Pennsylvania Catherine Marie Loose,Notary York County Springettsbury Twp.,York C My Commission Expires,tune 1 _ Notary Publt•' I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a'corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attomey'is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvauih, this 13 day of OC lr&jE2 2005 ,\``, p�� INS pORATES J. do ,Secretary Cj 1977 o rrnniup►N� i a i , mew(... Am 727-757-WW FAX:# 7i7-752-0165 <@> � ►�� 3.35©Whiteford Rd,P.O.Box 3709, Park,PA 17402-0I36 j Bond No. 661115092 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE ; :AND DISCLOSURE OF PREMIUM I Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002;("the Act"), will be partially reimbursed'by the United States under a formula i established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this`bond. The portion of your annual premium - attributable to certified acts of terrorism under this bond is $01.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by i the terms of this bond. I I , I SU 0009 1202 I I � , i I I I I I ,. DATE: October 27,2005 W.O. #12-5.6390 STAFF. RE . r IT �RAND.TEWUKE - CRA{) 'COUNCIL ITEM(X)" _ MEETING DATE: October 27,2005 Cti FUNDING REQUIRED NO FUNDING REQUIRED XX 1�oUGH H4�S - SUBJECT: Approval of Tract Map No. 16985,for a 55 Unit DEPARTMENT OF Condominium Project. BUILDING & SAFETY, �J PUBLIC WORKS APPLICANT: Grand Terrace-'San Bernardino,L.P.;a California limited AND HOUSING partnership By: HHPII GP,LLC,a California limited liability company,its General Partner By: Hearthstone 22795 Barton Road Inc., A California Corporation,Manager. Suite B Grand Terrace LOCATION: Tract No. 16985. Being a Subdivision of a portion of lots 14 California 92313-5295 Civic Center and 15 in Section 5,T.2 S.,R.4W.,S.B.M. of East (909) 825-3825 Riverside Fax.(909) 825-7506 Land Company Per M.B. 6/44,Records of San Bernardino County,California.Located on the north side of De Berry Street at Reed Avenue in the City of Grand Terrace, California. RECOMMENDATIONS: That the City Council adopt Resolution No. to: 1. Approve Tract Map No. 16985 2. Accept the Faithful Performance Bond for street improvements. 3. Request the Mayor to sign the Tract Map. 4. Direct the City Clerk to record the Tract Map with f� the San Bernardino County Recorder's Office. F BACKGROUND: On July 15,2004 the Planning Commission recommended approval of the Tentative Map,04-01, consisting of a 55 unit condominium project on 4.8 acres located on the north side of De Berry Street and Reed Avenue adjacent to the Gage Canal. The conditions of approval were accepted by the City Council on August 26, 2004. All conditions of approval for the recordation of the final tract map have been met by the developer, Grand Terrace- San Bernardino, LP. ,therefore staff recommends City Council approve Tract Map 1-6985. CAStaffReports\Tract Map 16985 Conddsmpd COUNCIL AGENDA MEM FJ 613E 5 I i RESOLUTION NO 2005-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, APPROVING TRACT MAP NO.16985, AND ACCEPTING THE PERFORMANCE BOND FROM GRAND TERRACE-SAN BERNARDINO, LP WHEREAS, Tract Map 16985 has been previously approved by the Planning Commission on July 15, 2005, WHEREAS, all the conditions of approval for recording Tract Map 16985 have been met by Grand Terrace-San Bernardino, LP, NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace that the City Council approved Tract Map 16985, and accepted the Faithful Performance Bond for the street improvements which are to be performed on Reed Avenue and De Berry Street. The bonds submitted by Grand Terrace-San Bernardino, LP, is a Faithful Performance Agreement for work which is to be performed on Tract 16985, as follows: Improvement Bond Nunzber Street improvements, street lights SU5017624 Curb, gutter, and sewer improvements SU5017624 ' I BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Tract Map Agreement on behalf of the City. APPROVED AND ADOPTED this day of 52005 MAYOR ATTEST: CITY CLERK Attachment: Subdivision Improvement Performance Bond i d i SEACOUINT RY H 0 M E S Via Golden State Overnight October 12, 2005 Mr. Richard Shields Director of Building and Safety and Public Works The City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Re: Grand Terrace-San Bernardino, LP RSB Homes, Inc. dba/SeaCountry Homes Tract No. 16985 Dear Mr. Shields: In connection with the above-referenced project, enclosed please find the Faithful Performance and Labor and Material bonds for the project improvements. Also enclosed is a check in the amount of$34,870 representing 10% of the bond amount. Please call me at 760.804.8400, extension 213 if you have any questions or need additional information. Sincerely, Thomas Atkin Chief Financial Officer TA:mf Enclosures 2451 Impala Drive ,Suite A Carlsbad California 92009 Tel 760.804.8400 Fax 760.804.8410 www.seacountryhomes.com RSB Homes, Inc. City of Grand Terrace DATE INVOICE NO DESCRIPTION ACCOUNT INVOICE AMOUNT 10-03-05 Bond 16985 GT-Bond 16985 34870 .00 DATE CHECK 10-03-05 NUMBER CHECK 34941 TOTAL> 34870 . 00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS _ —__.—__._.___._.____.___._._._.____r.___._.____—_.—____.____.._—._.__..Ilrl`IIMI:.Irt1JIVLtgI:M{�•.:V:I:niq:l.4�l Iq.I14Y I+DS.'+`.._11:41�"niR14.__.. I d;Y. -r;f:'.:°t:;:'"� ;''")cka'r't=:"�k:'"•'a?:�"'�.=;'='tSY. THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER UNION'B;4NK,OFCALIFORNIA is r. `•`' ' • �' �t;,ominercial Customer Service RSB Horses, Inc. %% i'980`Saturn'Street f i Monterey Park,CA 91755 I" 245/ Impala Drive, Smile A 16^9 r.: 1220 Carlsbad, CA 92009 I. `DATE CHECK NO AMOUNT I<6 (760) 804-8406 Ocf6ber'3, 2005 34941 $*** '34,870.00 L, Pay: "'Thirty-four thousand eight hundred severity dollars and no cents I PAY '. TO THE �! ORDER OF, City of Grand Terrace } II• •• F•':+,°Y;:••:°It;:rar:; :I;-ir;^,•F;+::'°f:;l:? f; IIIE HACK OF THIS r)C^"""`=N1'CON'T'AINS AN_ARTIFIC1AL_WA1EI1MARK-IA0LQ ATP"'^n'GLE iO`d!I v: u'0000 3494 LII' is !0004961: 9 3 7000 L 2 LFm Subdivision Bond Bond No. SU5017624 Faithful Performance Premium $3,487.00 SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That Grand Terracb-San Bernardino, LP as Principal, and Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri and authorized to transact surety business in the State of California, as Surety are held and -mly bound unto City of Grand Terrace in the sum of Three Hundred Forty Eight Thousand Seven Hundred Dollars and 00/100 Dollars ($348,700.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS the above Named Principal has entered into an agreement, dated 9/3 0/2 0 0 5 , with the City.of Grand Terrace to do and perform the following work, to wit: Tract 16985 - Street Improvements NOW, THEREFORE, if the above-bounden Principal shall pay contractors, subcontractors, laborers, materialmen and other personas employed in the performance of the aforesaid contract, then this ligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney in Fact at Irvine, California this 11th day of October, 2005. Grand Terrace- Bernardino, LP Zobert al) . Benne Authorized Representative Arch Insurance Company al) /�-Sure-tyy Janna Monroe, Attorney-In-Fact i I I ACKNOWLEDGEMENT i I STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 12, 2005 before me, Mary E. Fitzpatrick, Notary Public, personally appeared, ROBERT S. BENNETT personally known to me (or-proved to •„e en the '.axis of saris f et evidence) to be the person ewer-seas whose name is/ar-e subscribed to the within instrument and-acknowledged to me that he/sheAhff executed the same in I his(',e��authorized capacity(ies), and that by his/he4theff signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. MARY E.FWATRICK Commission# 1485109 Notary P -Califomfa Signature son DkW CAN My Comm.Expires May 18, I I I ! I i I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Fa lifornia nge 1 ?005 before me, Paris Shahabi, Notary Public Name and Title of Officer(e.g.,"Jane Doe.Notary Public") red Janina Monroe Names)of Signer(s) own to me- OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, PARTS SHAHA51 executed the instrument. Con vn%slon#1572409 -„ Notory Public -CCVarda WITNESS my hand and official seal. orange County MlyCOnM EOWApr24,2009 Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ,Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑Title(s): ❑Title(s): ❑ Partner—❑ Limited ❑ General ❑.Partner—❑ Limited ❑ General ®Attorney-in-Fact ❑Attorney-in-Fact ❑Trustee ❑Trustee El Guardian or Conservator ;:' El Guardian or Conservator ;: ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: BD-1133 9/97 I Subdivision Bond California Bond No. SU5017624 abor & Material - Public Work Premium included in Performance Bond SUBDIVISION BOND LOWALL MEN BY THESE PRESENTS: That Grand Terrace-San Bernardino, LP as Principal, and Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto City of Grand Terrace in the sum of Three Hundred Forty Eight Thousand Seven �uhdred Dollars and 00/100 Dollars ($348,700.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, j�in'tly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above-bounden Principal h s entered into a contract, dated 9/3 0,/2 0 0 5 , with the City of Grand Terrace to do and perform t elfollowing work, to wit: j Tract 16985 - Street Improvements NCCOW, THEREFORE, if the above-bounden Principal shall pay all contractors, subcontractors, Ia borers, materialmen and other persons employed in the performance of the aforesaid contract, then t is�obligation shall be void; otherwise to remain in full force and effect. I I SIGNED, SEALED, DATED: October 11th, 2005. i Grand Terr " Bernardino, LP (Principal (Seal) t obert Bennett Authorized Representative Arches nce Company_ (S (ety) (Seal) 'Janina Monroe, Attorney-In-Fact i r P , I ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 12, 2005 before me, Mary E. Fitzpatrick,Notary Public, personally appeared, ROBERT S. BENNETT personally known to me (or r,-eve,a t me e the r" basis of sdtisfaeteFy evade ee) to be the person er-persens whose name is/ffe subscribed to the within instrument and acknowledged to me that he/sheA4:ieyexecuted the same in hisl',e��=authorized capacity(ies-), and that by his/heB4heif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. MARY E.FtTZPATRICK Commission#1485009 < Notary Public-California San Diego County 6M1VC0rnM-E0MMay18,20DJ Signature CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f � State of California County of Orange On OCT 1 1 NO before me, Paris Shahabi, Notary Public Name and Title of Officer(e.g.,"Jane Doe.Notary Public-) personally appeared Janina Monroe Names)of Signer(s) ❑ personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by PARtS his/her/their signature(s) on the instrument the person(s), < Con"1 MMM ilF 1572409 or the entity upon behalf of which the person(s) acted, Notary R bL--C ,ornto executed the instrument. o"e CoLV* Ir �+NC«nm,E�Iresi4pr24,2WP WITNESS my hand and official seal. Signature of Notary Public I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑Title(s): ❑Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General N Attorney-in-Fact ❑ Attorney-in-Fact ❑Trustee ❑Trustee ❑Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: I I I I Bf-1133 9/97 ' POWER OF ATTORNEY Know Ail Men By These Presents: That the Arch Insurance Company; a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafterfeferred to as the "Company") does hereby.appoint Victoria M. Campbell,Thomas G. McCall and Janina Monroe of Irvine, CA (EACH)- its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Ind all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the, payment or coffection of any•promissory note, check, draft or letter.of credit This authority does not permit the same obligation to-be split-into two or mare bonds in order to bring_ each such bond within the dollar limit of authority-as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the .said Company as fully and amply to all intents and purposes; as if the same had been duly exevited and acknowledged by its- regularly elected officers at its principal.office in Kansas City, Missouri. 1, Power of Attorney is executed by'authority of resolutions adopted by unanimous consent or the Board of Directors-of the company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by- the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or'any Vice President, or their appointees designated'in writing and filed with the Secretary, or the Secretary shall have the power and authority-to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf'of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other-writings,•obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairmi an. of the Board, the°`President, or any Vice President, or their appointees designated in writing and filed with the Secretary; and the signature of- the Secretary, the seal of the Company, and certifications by the.Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the resolution adopted -by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the:Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A np �wuiiiviir v.iiccv , • - a.. .•ru � Ewa ..ou_aw una IIIJUUIIICIIL LU UC Wylitu dilu Its uuipurate seal to'oe amxea o.y aA orized officers, this 21 st day of March, 2003. _ Arch Insurance Company Attested and Certified Cie i0. tas . Lal1Ell, Co.rporatc S e,a; jhom- as P. Luckstcne, Y President f Zl�ix� ST'A T E OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone*and Joseph S. Labell personally known o ;me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch nsurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as- the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. Melissa H. Gililgan, Notary Public "+ i. ,+•` My cornmisalon exoires-2-28'a5 CERTIFICATION .1,�Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify•that the attached Power of Attorney dated March 21, 2003 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in.full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of.the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance lompany on this day of Q(;T 1 1 20fl5 20 Labell, Corporza-Le Secretary lihis Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have.no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas MO c OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. I f ARCH Insurance Company ARCH Surety NOTICE— DISCLOSURE.OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered.terrorism losses exceeding the applicable insurer deductible. y , STAFF REPORT CRA ITEM () COUNCIL ITEM (X) MEETING DATE: October 27, 2005 SUBJECT: Release Bonds - Tract 14816 As a condition of approval for Tract 14816, located on the east side of Grand Terrace Road, South of Vivienda, the developer (Grand Terrace Properties) was required to install improvements. To secure a building permit prior to the installation of the required improvements,the developer posted bonds for the improvements,which were issued December 21, 1992. The approved tract 14816 was never constructed and the project was abandoned. The land was recently sold to a new developer and a new project is being submitted for which new bonds will be issued. A request has been made by Citizens Business Bank, which holds the letter of credit paying the bond premiums, to release the bonds securing this project. Although the City has the right to require continued payment of the bond premiums to do so would not benefit the bank or the proposed project. Staff recommends release of the bonds. Staff Recommends Council: Authorize the release of the following bonds being held for Tract 14816: Bond Number Amount Description Date Issued 3SM77843600 $43,700 Water System 12-21-92 3SM77843700 $78,500 Street& Storm Drain 12-21-92 3SM77843800 $5,000 Sanitary Sewer 12-21-92 3SM77843900 $4,000 Grading 12-21-92 STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM () COUNCIL ITEM(X) MEETING DATE: October 27,2005 SUBJECT: Regulatory Agreement FUNDING REQUIRED: YES Q NO (X) Item 2 under the Redevelopment Agency agenda is the approval of the Regulatory Agreement between the Agency, the City, and Corporation for Better Housing(CBH). This item is placed before the City Council on the consent calendar for the City's approval. The agreement and justification can be found under Agency item 2A. STAFF RECOMMENDS: STAFF RECOMMENDS CITY ADOPT THE REGULATORY AGREEMENT, ENTERED INTO AS OF OCTOBER 27, 2005, BY AND BETWEEN - CORPORATION FOR BETTER HOUSING, A NONPROFIT AFFORDABLE DEVELOPMENT CORPORATION, THE CITY OF GRAND TERRACE, A PUBLIC BODY, CORPORATE AND POLITIC, AND THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITIC. a �"DTER Community Services Department Staff Report CRA ITEM ( ) COUNCIL ITEM ( ) (X )MEETING DATE: OCTOBER 27, 2005 SUBJECT: STREET CUT POLICY AND.ORDINANCE - FUNDING REQUIRED: O NO FUNDING REQUIRED (X ) RECOMMENDATION: ADOPT NEW STREET CUT POLICY AND ORDINANCE BACKGROUND The City of Grand Terrace established its current guideline for "Specifications for Construction Within Public Right-of-Way" under the 1990 State of California manual of Traffic Controls (see Exhibit "A"). This guideline established by the city engineer (GTMC 12.08.220) dictates how contractors/utility companies cut into our public right-of-ways (e.g. streets and sidewalks) by trenching, removing_pavement and asphalt,and restoring existing, _J improvements. Staff has been working since the fall of 2004 to develop a more comprehensive street cut policy that helps maintain the integrity of our roads and balances the interests of the public utilities. The new street cut policy and ordinance was a culmination of the following: • Researching other city's street-cut specifications • Meetings with utility officials and Utility Councils • Working with paving contractors • Combining the "Best Management Practices" for a new street-cut policy Highlights of the new street cut policy and ordinance: • Failure to obtain a permit will result in a $1,000 fine*. • Contractors that perform sub-standard patching will be subject to $1,000 fine per occurrence r the cost to re-patch the section—whichever is greater*. • SBC, The Gas Company, Southern California Edison and Riverside Highland will guarantee the integrity of their trench repairs in perpetuity. Any trench failures will require the respected utility to re-patch the street section per the specifications outlined in this document for each occurrence. 3 COUNCIL AGENDA "E- rg w.)jpL� I • Jagged cuts will no longer be acceptable and all patches must be squared off • All patches greater than 12" must ground a minimum of 1 foot outside each edge of the trench and overlaid flush with the existing surface. ® • The city will notify all utilities of any major street work at least twelve months in advance. No street cuts by the utilities (other than for emergencies) will be allowed for two years. If a non-emergency street cut is made by a utility in the notified area, the utility could be responsible for replacement of a portion or the entire area--- to be determined by the City Engineer. • If a series of related cuts are made in the street within fifteen feet or less of each other, the series shall be treated as a continuous open trench and the pavement repair shall be squared off and treated as one street cut unless otherwise determined by the City Engineer. *SBC, The Gas Company, Southern California Edison, and Riverside Highland Water Company are exempt. RECOMMENDATION I Staff requests that council approve "Exhibit B"as policy, "Specifications for Construction Within Public Right-of-Way" and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ESTABLISHING FINES FOR FAILURE TO OBTAIN A STREET CUT PERMIT AND FAILURE TO J PERFORM STREET CUT CONSTRUCTION IN ACCORDANCE TO THE 1 SPECIFICATIONS AS DESCRIBED IN THE SPECIFICATIONS FOR j CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY. I - i CITY OF GRAND TERRACE err ,rA,f SPECIFICATIONS FOR CONSTRUCTION WITHIN PUBLIC RIGHT-OF-WAY Working hours 8:00 A.M_ to 5:00 P.M. - No open trenches will be permitted. All trenches are to be backfilled and covered with .a minimum of two inches (2") of temporary A.C. paving or trench plates according to 1990 State-of California Manual of Traffic'Controls,,'Caltrans. Work is to be conducted in accordance with the Grand Terrace Municipal Code,_specifically Title 12 "Street, Sidewalks and Public Places"and the following specifications: A. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The contractor shall be responsible for the'protection of public and private-property adjacent to .the work and shall exercise due caution to avoid.,datnage to such property. The contractor shall repair or,replace all existing improvements withir the right-of way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavements, structures; etc.) which are damaged or removed as a result of its operations; except when a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements, and`shall match them in finish and dimension. Trees, lawns, and shrubbery that'are not to be removed shall be protected -from damage or injury. If damaged or removed because'of the contractor's operations, they shall be restored or replaced'in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered With suitable mulch_ The contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants; trees, fences, sprinklers and other improvements within the right-of-way which are designated for removal and would be destroyed because of the work. All costs to the contractor for protecting, ' removing, and restoring existing improvements shall be absorbed in its bid. i B. PUBLIC CONVENIENCE AND SAFETY 1. TRAFFIC AND ACCESS i The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work, or an approved detour shall be provided. Safe and adequate pedestrian and'vehicularaccess shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the work at intervals not exceeding 300 feet, also shall be maintained unless otherwise approved by the Engineer. I I Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the contractor shall immediately clear the street and driveways and provide and maintain access. The contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic_ Unless otherwise authorized, work shall be performed in only one-half the roadway at one time One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour_ The contractor shall absorb in its bid all costs for the above requirements. r 2. STREET CLOSURES DETOURS AND BARRICADES The contractor shall comply with all applicable State, County and City requirements for closure of streets. The contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons and watchpersons, advising the public of detours and construction hazards. The contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. The contractor shall furnish and install, and upon completion of the work, promptly remove all signs and warning devices. At least 48 hours in advance of closing, or partially closing, or of reopening, any street,,alley, or other public thoroughfare, the contractor'shall notify the Police, Fire, School Districts Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. Deviations must first be approved in writing by the Engineer. 3. STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS Construction materials may not be stored in streets, roads, or highways. All materials or equipment not installed or-used in the construction shall be stored elsewhere by the contractor at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the work. Excavated material, except that which is to be used as backfiil the same day in the adjacent trench, may not be stored in public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing backfill, all excess material shall be removed immediately from the site. I C. COMPACTION AND PAVING REQUIREMENTS Compaction 85% in Pipe Zone 90% in Sub Base 95% in Class 11 Base Section in trench area 8" Class 11 Base 3"A.C. Pavement, %" medium graded type "B"AR 4000 A ten (10) foot wide overlay shall be placed over the finished trench with a minimum thickness'of one inch (1'), using a barber greene or equal machine to place the material. Overlay to 'be 3/8" fine graded type "B" asphalt. Overlay shall be adjacent to and paralle[with the centerline of the street. j I - i i I I I i I ' I I i i i - i I ; CITY OF GRAND TERRACE EXHIBIT "B" SPECIFICATIONS FOR CONSTRUCTION WITHIN PUBLIC,RIGHT OF WAY Working hours 8:00 A.M. to 5:00 P.M. Work is to be conducted in accordance_ with the Grand Terrace Municipal`Code, specifically Title 12 "Street, Sidewalks and Public Places"and the following specifications: A. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The contractor shall be responsible for the protection of public and private property adjacent'to the work " and shall exercise due caution to avoid damage'to such,property. , The contractor shall repair or replace all existing,improvements public or private which are not designated for removal (e.g., curbs, sidewalks, driveways,fences,walls, signs, utility installations, pavements, structures, etc.)which are damaged or removed as a result of its operations; except when.a portion of a sprinkler system within the right-of-way must be removed,the remaining lines shall be reconstructed or capped. Repairs and replacements shall be at least.equal to existing improvements, and shall match them in finish and dimension'. Trees, lawn, and shrubbery that are not to be removed shall be,protected from damage or injury.. If damaged or removed because of the contractor's operations, they shall be restored or replaced in as neatly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The contractor shall give 10 days notice, in writing, to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-way, which are designed for removal and would be destroyed because of the work.. i All costs to the contractor for protecting; removing, and restoring existing improvements shall be absorbed in its bid. B. PUBLIC CONVENIENCE AND SAFETY 1. TRAFFIC AND ACCESS The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work.All street closures shall be approved by the City. The contractor shall-submit a detour plan for approval. Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels,fire and police stations, hospitals, and establishments of similar nature.Access to these facilities shall be continuous and unobstructed unless otherwise approved by the City Engineer. The contractor shall provide safe and,adequate pedestrian zones and public transportation stops. Pedestrian crossings shall be provided at intervals not exceeding 300 feet, which shall be maintained unless otherwise approved by the City,Engineer. The contractor shall provide, at the end of the day, vehicular access to residential driveways except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to-such extent that safe access may be provided, and the street is opened to local traffic, the contractor shall immediately clear the street and driveways.and provide and maintain access. The contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these,services. i Grading operations, roadway excavation and backfill construction shall be conducted by the contractor in a manner to provide a reasonably satisfactory surface for traffic.When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One- half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The contractor shall absorb in its bid all costs for the above requirements. 2. STREET CLOSURES, DETOURS AND BARRICADES The Contractor shall comply with all applicable State, County and City requirements for closure of streets. The contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons and watchpersons, advising the public of detours and construction hazards. The contractor shall also be responsible for compliance with additional public safety requirements, which may arise during construction. The contractor shall furnish and install and upon completion of the work, promptly remove all signs and warning devices. At least 48 hours in advance of closing, or partially closing, or of reopening, any street, alley, or other public thoroughfare, the contractor shall notify the Police, Fire, School Districts Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. The City Engineer must first approve deviations in writing. I i 3. STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS i Construction materials may not be stored in streets, roads, or highways.All materials or equipment not { installed or used in the construction shall be stored elsewhere by the contractor at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the work. r Excavated material, except that which is to be used for backfill the same day in the adjacent trench, may not be stored on public streets, roads, or highways unless otherwise permitted by the City Engineer.After placing backfill, all excess material shall be removed immediately from the site. i C. STREET CUT TRENCH REPAIR l. Street cut permits and Grand Terrace Construction Application Packages can be obtained from the Public Works Department). Failure to obtain such a permit will result in a fine of$1,000 for each i occurrence. 2. SBC, The Gas Company, Southern California Edison and Riverside Highland and each of their designated contractors (operating under the named utility's permit)are exempt from requirement number 1 and 4. 3. Contractor shall notify Engineering Inspector 24 hours prior to construction of permanent paving or concrete placement. 4. Contractors performing street cuts and resulting patching that are not performed correctly in accordance with the corresponding specifications described in this document, or deviate from specifications without written approval from the City Engineer, shall be subject to a fine of$1000, and will be required to re-patch the street section per the specifications outlined in this document,for each occurrence. 5. Removal of asphalt and concrete shall be per standard specifications described within this document. Asphalt shall be straight cut, the limit of concrete removal and replacement shall be determined in the field by the Engineering Inspector prior to construction. 2 6. All joint lines shall be cut on a straight line parallel with the joint. 7. No open trenches will be permitted overnight. All trenches are to be backfilled and covered with a minimum of two inches (2")of temporary A.C. paving or trench plates.When steel plates are.used they shall be secured to the existing AC with pins and ramped to prevent vehicular damage. The City Engineer may recommend additional safety measures if he,deems it necessary. 8. The City encourages the use of tunneling or boring to traverse the streets. Mid-block,crossings may be installed by jacking conduit under street. Crossing shall be.spaced concurrent.with existing utility infrastructure and approved by the City. 9. Sidewalk cuts---removal and replacement--need to be cut back to the nearest joint and filled �—' 10. Curb and Gutter removals—\need to cut back a minimum of 12 inches of asphalt to allow for proper AC compaction. 11. Temporary and permanent resurfacing shall be per specifications put forth in,this document.All temporary and base course paving shall b.e•instalied to the finished surface of the existing pavement. For longitudinal trenches less than 3 feet in width and greater than 20 feet in length, or transverse trenches less than 3 feet in width and.8 feet in length, the total surface area of the finish course of asphalt concrete pavement shall be 24 inches wider than the nominal dimension of the trench. This shall be achieved by cold-milling the base course asphalt concrete and-the existing asphalt concrete to a depth of 1 1/2 -inch minimum below the existing roadway surface, and 12 inches beyond the edge of trench in all directions. Cold milling of PCC (Portland cement concrete) improvements, such as gutters and spandrels, is not allowed. All trench repairs will be consistent with the above description and/or the Construction Notes in Figure A unless otherwise determined by the City Engineer., 12. Where-a series of related cuts are made by one contractor, a series being defined as two or more-cuts that are within 15 feet or less of each other, the series shall be treated as a continuous open trench and Jthe pavement repair shall be accomplished as herein specified for open trenches unless otherwise determined by the,City Engineer'. 13. When patching a street cut made on a street with Petromat overlay, The Contractor will be required to grind 1 foot wider than the existing patch on all sides at a depth of 1%2 inches. Replace the Petromat over grinded surface with AR4000 oil and repave with 1%2 inches of AC. 14. When patching a street after a,trench cut, grind existing AC 1 foot minimum outside of each edge of the trench at a depth of 1%2 inches, tack all edges of patches 15. The City will notify all public utilities at least twelve months in advance of any major street overlays. No street,cuts, other than emergency.street cuts, will be allowed for two years in the area as described in the notification to the public utilities. If a street cut occurs by a public utility within the area described in the notification; the public utility will be responsible for replacement of a portion or the entire area as described in the notification. This determination will be made by the City Engineer. 16. See Figure A and accompanying Construction Notes.for more repair detail. 1.7. SBC, the Gas Company, Southern California Edison and each of their designated contractors (operating under the named Utility's permit)are allowed to use"The California Inter-Utility Site .Restoration Committee-Site Restoration Guidelines"or"The American Public Works Association Standard 133-2". Grind and pave 1' outside of each edge of the trench will depend on'existing street conditionand will be determined by the City Engineer. 18. SBC, The Gas Company, Southern California Edison and Riverside Highland will guarantee the integrity of their trench repairs in perpetuity. Any trench failures will require the respected utility to re- patch the street section per the specifications outlined in this document for each occurrence.. 3 t , I ' i t EXIST.ST.SURFACE IL Tn n. VARIES ' N _ - .O I I l Y ¢2 Figure A + v oo 2 a ---PIPE OR CONDUIT VARIES ONSTRUCTION NOTES 1 EXISTING AC SHALL BE CUT FOR TRENCHING. 2 BEDDING AND SHADING SHALL CONFORM TO THE REQUIREMENTS IN THE PUBLIC WORKS CONSTRUCTION GUIDELINES UNLESS OTHERWISE DETERMINED BY THE.CITY ENGINEER. p 331. BACKFILL SHALL BE CRUSHED,AGGREGATE BASE OR NATIVE MATERIALS APPROVED.FOR BACKFILL U CRUSHED AGGREGATE BASE SHALL BE 6"•MINIMUM THICKNESS OR MATCH EXISTING THICKNESS,IF MORE THAN 6". 5 IF TRENCH IS PERPENDICULAR TO STREET CENTERLINE(STREET CROSSING) OR IF TRENCH WIDTH IS LESS THAN 12",A 2 SACK CEMENT SLURRY BACKFILL IS REQUIRED. 6 TOTAL,PERMANENT AC THICKNESS FOR TRENCH REPAIR SHALL BE 1"THICKER THAN EXISTING AND 3.5" MINIMUM. OO IF THE EXISTING AC THICKNESS':IS 3" OR LESS AND/OR THE TRENCH WIDTH IS BETWEEN 12"AND 24", THEN THE FULL PERMANENT At REPAIR AS DESCRIBED IN CONSTRUCTION NOTE 6 SHALL BE EXTENDED TO 1' OUTSIDE OF EACH EDGE OF THE TRENCH AS SHOWN. 8 GRIND EXISTING AC 1' MINIMUM',OUTSIDE OF EACH EDGE OF THE TRENCH AT A DEPTH OF 1%", INLAY SAID AREA WITH 1%" OF AC, FLUSH WITH EXISTING ADJACENT AC SURFACE AND TACK EDGES OF PATCHES. 9 IF EXISTING CURB AND GUTTERLIP, EP, AC BERM, ETC., IS WITHIN 2' OF THE EDGE OF TRENCH. REMOVE EXISTING AC WITHIN THIS AREA AND INCLUDE IN REPAIR AS DESCRIBED IN CONSTRUCTION NOTE 8. 130 PERMANENT AC SHALL BE V AR 4000 BASE COURSE WITH,'/Z" MEDIUM MAX AR 4000'CAP. APPROVED DATE CITY OF GRAND TERRACE REVISIONS' DATE BY MARK APPROVED k STREET CUT TRENCH REPAIR DETAIL i I I I , 4 I I , D. COMPACTION AND PAVING REQUIREMENTS 1. The Contractor may use the native excavated soil as backfill material on longitudinal trenches (direction of the travel lane), compacted to 90% relative density when all conditions enumerated in CPUC Code, Article 787 are met.All transverse excavations, intersection excavations, and pothole excavations shall be backfilled with crushed aggregate base; native excavated soil may be used only with the approval of the City Engineer. 2. Sub grade preparations shall be-crushed aggregate base. t 3. Asphalt concrete pavement shall consist of a minimum of two courses: 1)A 1"thick minimum finish course of 1/2"medium max AR4000 and 2)A base course of B-AR4000 (3/4"aggregate size), The base course shall be 1"deeper than the existing A.C. 4. Pothole dimensions shall be a minimum of 3'x 3'to allow proper compaction.and prevent damage to existing A.C. in good condition. 5. The Contractor shall not place concrete or asphalt on the project without first having submitted compaction tests to the Department of Public Works. 6. Testing of materials shall be in accordance with ASTM-D-1557.Written reports by a soils engineer of these tests accompanied by a plat, showing locations, shall be submitted by the testing laboratory to the City prior to the next construction operation 7. SBC, the Gas Company, Southern California Edison and each of their designated contractors (operating under the named Utility's permit) are exempt from requirement number 5 and 6. The above utilities are responsible for their compaction tests, follow the methods described in"The California Inter-Utility Site Restoration Committee-Site Restoration Guidelines'and obligate to the workmanship guarantee., E. "COMPACTION AND TRENCH SPECIFICATIONS 1. Compaction Requirements Zone Relative Compaction Pipe Zone 85% Backfill/Sub Base 90% Class II Base 95%- Compaction shall comply with the Specifications For Public Works Construction Hand'Book. 2. Water densified backfill, or jetting, is prohibited. Compaction shall comply with the specifications for public works construction handbook. 3. Water densified backfill, or jetting is prohibited. F. CURB AND GUTTER CONSTRUCTION AND REPAIR 1. Construction I i All work shall be done in accordance with the plans, the City of Grand Terrace Standard,and the Standard Specifications for Public Works Construction, Green Book—current edition. Contractor shall be familiar with and responsible for adherence to these standards and specifications. 2. Specifications Concrete shall consist of Portland cement, concrete aggregate, water and admixture when approved for use. For construction of curbs, gutters, and extruded curbs, the concrete class shall j be 520-C-2500. (520-D-2500 for extruded curb). Forming and concrete placement shall be in accordance with City of Grand Terrace Guidelines provided by the City Engineer. Weakened plane joints shall be constructed not more than 10 feet apart. In constructing control joints, after preliminary troweling, the concrete shall be parted to a depth of 2 inches with a straightedge to create a division in the coarse aggregate. The concrete shall then be re-floated to fill the parted joint with mortar. Finishing of these joints shall be to a minimum depth of one inch by scoring with a tool which will leave the corners rounded and ensure a free movement of the concrete at the joint, or by sawing the hardened concrete and covering the exposed area with a j white curing compound. All newly placed concrete shall be cured in accordance with the specifications. The required acceptable concrete curing compound to be used shall be a type 2, white pigmented compound and applied to fresh concrete by means of a spray gun thus forming an impervious membrane over the exposed surfaces. i 3. Causes for removal r Any new work found to be defective or damaged prior to its acceptance shall be repaired or replaced by the contractor. All curb and gutter sections having cracks completely through their entire section or excessive ! damage shall require removal. These removals shall be from the weakened plane joint to a limit beyond the crack or damaged area, with a minimum of a 4-foot section required. No curb and gutter sections left remaining after the required removal shall be less than a 4-foot minimum section. All removals will require that the existing section be cut at the weakened plane joint and limit joint to a minimum depth of 1-1/2 inches with and abrasive type saw or equal, and the entire section to be reconstructed will be removed. All joints shall be constructed at right angles to the I line of the curb. I i The top and face of the finished curb shall be true and straight, and the top surface of curbs shall be of uniform width, free from humps, sags, or other irregularities. When a straightedge 10 feet long is laid on top of the curb, face of the curb, or on the surface of the gutter the surface shall be subject to the following repairs or rejection. Areas exceeding the specifications shall be removed as defined by the specifications or to the limits determined, as required. i i a. Curb Areas acceptable for repair shall have said repairs made by the provisions within this specification. Approved mortar or approved equal material shall be used for these repairs. Scars and depressions having a depth no greater than 1/8 inch with an area less than 2 sq. inches, and numbering no more than 3 in a 10-foot long section are acceptable and will not require repair. The size and number of scars or depressions for repair allowed on the face and top surfaces of the curb shall not exceed an area greater than 5 square inches in size, and have a maximum depth no greater than 2" deep, and number no more than one per 10 linear feet of curb. Scars or I 6 depressions-in excess of these provisions shall be cause for removal and replacement of the curb or curb and gutter. No repairs shall be allowed at ramps, drive approaches and their respective wings. b. Gutter No repairs shall be allowed on the surface of the gutter with reference to flow line, deck, and lip. Scars or depressions having a depth no greater than 1/8 inch with an area less than 2 sq. inches, and numbering no more than 3 in a 10-foot long section are acceptable and will not require repair. Scars or depressions in excess of these provisions shall be cause for removal and replacement of the curb and gutter or gutter if a cross-gutter. G. OTHER REQUIREMENTS 1. Replacement of Street Markings and Reflectors a. Any street markings or reflectors that are damaged or removed during the process of street cuts or trenching shall be replaced in kind. 7 l 1 1 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND - TERRACE, CALIFORNIA ESTABLISHING FINES FOR FAILURE TO OBTAIN A STREET CUT PERMIT AND FAILURE TO PERFORM STREET CUT CONSTRUCTION IN ACCORDANCE TO THE SPECIFICATIONS AS DESCRIBED IN THE SPECIFICATIONS FOR CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY. 1. WHEREAS, over the years;there,has been an.increase in the number-of i street cuts by public utilities and contractors, and j WHEREAS,-all of the public utilities generally have maintained the proper 1 permits there have been instances where contractors have not obtained permits to cut into our roads for various construction purposes, and 1 ' WHEREAS, under the current street cut policy there is no recourse for those contractors that do not obtain permits nor for those contractors that i perform sub standard street cut work, and k WHEREAS, all public utilities are exempt for failure to obtain a street cut I permit in cases of emergency but still must comply with the Specifications,for Construction within the Public Right of Way j WHEREAS, city staff has had several meetings with public utility officials to take their input and modify the Specifications for Construction within the Public Right of Way that meets their needs to our best ability and still maintain the integrity of the policy, { NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: .j Section 1. Description of Violation Street cut permits along with a City of Grand Terrace Construction Application, Package can be obtained from the Public Works Department. Failure to obtain a permit will result in a fine of $1,000 for each occurrence. Fine* -$1000 per each occurrence F. *SBC, The Gas Company, Southern California Edison and each of their designated contractors are exempt from this requirement. Contractors performing,street cuts-and resulting patching that are not performed' correctly in accordance with Attachment shall be-subject to a fine of$1,000 I � , and be required to re-patch the street section per-the SPECIFICATIONS FOR CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY, for each occurrence. Fine* $1,000 per each occurrence and require the contractor to re- patch the street section per the SPECIFICATIONS FOR CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY. *SBC, The Gas Company, Southern California Edison and each of their designated contractors are exempt from this requirement. Section 2. Effective Date: The Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 3. , Positing: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City ' Council. Section 4. First read at a regulor'meeting of the City Council of said City held on the , 2005 and finally adopted and ordered posted at a 'regular meeting of said City Council on the , 2005. ATTEST: City Clerk of.the City of Mayor of the City of Grand Terrace Grand Terrace and of the and-of the City Council thereof City Council thereof 1, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 2005 by the following vote: AYES: NOES: ABSENT: i ABSTAIN: City Clerk Brenda Stanfill Approved as to form: City Attorney John Harper i 1 I I I c:\MyFiles\JOH N\RVordinance\proposedRVOrd3-4-04 i I I I I I 1 I I I I I I I 4 STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM () COUNCIL ITEM(X) MEETING DATE: October 27,2005 SUBJECT: TEFRA Hearing. r - FUNDING REQUIRED: YES-0 NO (X) The City, has received a*request from the California Statewide Communities Development Authority (the "Authority") to join its Amended and Restated Joint Exercise of Powers Agreement and conduct a-public hearing as required by the Internal Revenue Code in order to issue tax-exempt revenue bonds (the "Bonds") in an aggregate amount not to exceed $10.5 million on behalf of Corporation-for Better Housing(the"Developer"). The Developer will use the proceeds of the Bonds for the acquisition and construction of a 120-unit senior housing project located at 22627 Grand Terrace Road in the City of Grand Terrace (the "Project"). The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and, 'as such, require.the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The City will not be under any obligation to repay the Bond indebtedness. In order for the Authority to issue such Bonds, the City must (1) join the Authority as a program participant(2)conduct a public hearing allowing�members of the public to comment on the proposed Project,and(3)approve of the Authority's issuance of Bonds on behalf of the proposed financing. Although the Authority(not the City)will be the issuer of the,tax-exempt revenue bonds for the Project, the financing cannot proceed without the,City becoming a member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the Authority's issuance of indebtedness. The Authority is a California joint exercise of powers,authority,organized-and existing under, the laws of the State of California(specifically,California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Under the California Government Code, cities and counties are authorized to form by.agreement a governmental entity that combines the powers of such entities to perform certain governmental functions specifically outlined in the Agreement. With respect to the Authority;over 460 California cities, counties and special districts have entered into and executed the Agreement to become a member of the Authority including locally;the City of Colton,City of Rialto,City of Redlands,and San Bernardino.County.The Authority is authorized to assist in the financing of senior housing projects. i i f i i - There is no direct or indirect financial impact to the City of Grand Terrace as a result of this proposed financing., The,Authority will issue tax-exempt revenue bonds on behalf of the, Project. The tax-exempt revenue bonds are payable solely out of the revenues derived by the Developer from the applicable Project. No financial,obligations are placed'on the City for f project financing costs or debt repayment: Staff recommends Council conduct a public hearing regarding the issuance of"private activity bonds" for the purpose of;development of a 120 unit multi-family housing project generally known as Blue Mountain;Senior Villas. Staff recommends Council approve the agreement and adopt the resolutions'as follows: ' Agreement: ; t I 1) AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT - RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY i Resolutions: 2) A RESOLUTION APPROVING,AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF j POWERS AGREEMENT RELATING TO THE"CALIFORNIA STATEWIDE . COMMUNITIES DEVELOPMENT AUTHORITY ! 3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY,OF GRAND - TERRACE APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY I . i ' ' AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE-COMMUNITIES DEVELOPMENT AUTHORITY, THIS' AGREEMENT , , dated as of June 1 , 1988 , by and among the parties executing this Agreement (all such parties , except those which have withdrawn in accordance with Se-ction 13 hereof, being herein referred to as the " Program Participants") ; WITNESSETH WHEREAS , pursuant to Title 1 , Division 7 , Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act"-) , ,two or more public agencies may by agreement jointly exercise an:y .pow-e-r common to the contracting parties ; and WHEREAS , each of the Program Participants' -is a "publ'ic agency as that term is defined in, Section 6500 of the Government Code of the State of, California , and WHEREAS , each, of the Program Participants is empowered to promote economic development, including , without limitation , the promotion .o,f opport,unities for the creation or retention of employment, the stimulation of .econom-ic activity , and t-he increase of, the tax base , wi-thin its boundaries ; and WHEREAS , a public entity es,tabl.ished pursuant to the Joint Exercise` of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development. Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act") and to otherwise undertake financing programs .under the Joint Exercise of' Powers Act or other applicable provisions of law to promote" economic development through the issuance of bonds , notes , or other evidences of indebtedness , or certificates of participation in leases or other agreements (all such instruments being 'herein collectively referred to as " Bonds") ; and 'WHEREAS , in order to promote economic development within the State of California , the County Supervisors Association of California (" CSAC") , together with the California Manufacturers Association , has established the Bonds for Industry program (the "Program") . I I I - I I I I ' I i k WHEREAS, in furtherance of the Program , certain California counties (collective,'ly , the " Initial Participants") have entered into that certain Joint Exercise of Powers Agreement dated as of November 18 , 1987 (the " Initial Agreement") , pursuant to which the California Counties Industrial Development Authority has been established as a separate entity ;under the Joint Exercise of Powers Act for -the purp-oses and with the powers specified in the .Initial A'greement; and j J WHEREAS , the, League of California Cities (" LCC") ` l has determined :to join a-s a sponsor of the Program and to actively participate in the administrat-ion of the Authority ; and WHEREAS , the Initial Participants have determined j to specifically authorize the Authority to issue Bonds pursuant f to ,Article 2 o'f the Joint Exercise of Powers Act ("Article 2") and Article 4 of 'the Joint Exercise of Powers Act ("Article 4") , j as well as may be authorized by the Act or othe.r applicable I law, and i j WHEREAS , the Initial Participants desire to rename the California. Counties Industrial Development Authority to better reflect the additional sponsorship of the Program ; and WHEREAS, each of the Initial Participants has determined that ,it is in the,- public interest of the citizens within its boundaries , and to the benefit of such Initial Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order t-o implement the provisions set forth Eabove ; and WHEREAS, it is the, desire of the Program Parti,cipan.ts to use a public entity established pursuant to the Joint Exercise of Po'wers 'A-ct to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursu.ant ;to the Act, Article 2 , Article 4 , or other j applicable provisions of law; and l WHERIEAS , the projects undertaken will result in f significant pub'li,c benefits, including t.hose public benefits set forth in Section :91502 . 1 of the Act , an increased level of economic activity , or an increased tax base , and will therefore serve and be of ;benefit to the inhabitants of the jurisdictions of the Program Participants ; f 1, NOW, THEREFORE, the Program Participants , for j and 'i-n consideration of the mutual promises and agreements herein contained', do agree to restate and amend the Initial Agreement in its, entirety to provide as follows : ! i ' i I 2 i i Section 1 . Purpose . This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies , in this case being the Program Participants . The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the purpose of, issuing Bonds to finance projects within the territorial limits of the Program Participants pursuant to the Act, Article 2 , Article 4, or other appliable provisions of law, provided , however that nothing in this Agreement shall be 'construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act„ or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth . Section 2. Term . This Agreement shall become effective as -of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or until such time as it is terminated in writing by all the Program Participants ; provided , however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired , or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. Authority . A. CREATION AND POWERS OF AUTHORITY . ( 1 ) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Statewide Communities Development Authority" (the "Authority") , and said Authority shall be a public entity separate and apart from the Program Participants . Its debts , liabilities and obligations do not constitute debts , liabilities or obligations of any party to this Agreement. B COMMISSION . The Authority shall be administered by a Commission (the "Commission") which shall consist of seven members, each • 3 , I I I I I 1 serving in his or her individual capacity as a member of the Commission The Commission shall be the administering agency of this Agreement, and , as such , shall be vested with the powers set forth herein , and shall execute and administer this Agreement in accordance with the purposes and functions provided herein . Four members of the Commission shall be appointed j by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC . Initial members of the Commission shall serve a term ending June 1 , 1991 Successors to such members shall be selected in the manner in which the respective initial member was selected and shall serve a term of three years . Any appointment to fill an unexpired term , however , shall 'be for such unexpired term . The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided , and provided that the term of -any member shall not expire until a successor thereto has been appointed as provided herein . Each of CSAC and LCC may appoint an alternate i member of the Commission for each member of the Commission which it appoints . Such alternate member may act as a member of the Commission in place of and during the absence or disability of such regularly appointed member All references in thi's Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body by which such member was appointed Any individual , including any member of the governing body or j staff of CSAC or LCC , shall be eligible to serve as a member or alternate member of the Commission . Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS ; DUTIES ; OFFICIAL BONDS . The Commission shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission . The Commission shall appoint one or more of its officers or I I I I I I 4 employees to serve as treasurer, auditor;, a-nd controller of the Authority; (the "Treasurer") pu,rsuant to Section 6505'. 6 of the Joint Exercise of Powers Act to serve for su.ch term as shall be determined by the Commission . Subject to the applicable provisions of any resolution , indenture or other instrument or proceeding authorizing or securing Bonds ('each such. resolution , indenture, instrument and proceeding being herein referred to as- an " Indenture") -providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived . The Treasurer of the Authority shall have the powers , duties and responsibilities specified in Section 6505 . 5 of the Joint Exercise .of Powers A.ct. The Treasurer of th,e Authority is designated as the public .officer or person who has charge of, handles , or has access to any property of th.e Authority,, and such officer shall file an official bond with the Secretary -of the Authority in the amount specified by resolution of the Commission but in no event less than , $ 1 , 0.00 . If an.d to the extent permitted by law, any such officer may satis.f'y this requirement by filing an official bond in at least said amount obtained in connection with another, public office. The Commission sha'II have the power to appoint such other officers and .employees as it may deem necessary and to retain independent counsel , consultants and accountants . , The Commission shall have the power, by resolution , to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to ,delegate any of its functions to one or more of the members of the Commission or .officers or agents of the Authority and to cause any, of said members, officers or agents to take any actions and execute . any documents or" instrum-ents for and in the name and o.n behalf of the Commission or the Authority.' D. MEETINGS OF THE COMMISSION . ( 1 ) Regu•lar Meetings . The Comm"ission shall provide for its regular meetings ; provided , however, it shall hold at least one regular meeting each year. The date , hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and, a copy of such resolution shall , be filed with each party hereto . '5 i i i i i i (2) Special Meetings . Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California . (3 ) Ralph M . Brown Act. All meetings of the Commission , including , without limitation , regular, adjourned regular, special , and adjourned special meetings shall be called , noticed , held and conducted in accordance with the provisions of the Ralph M Brown Act (commencing with Section 54950 of the Government Code of the State of California) . (4) Minutes . The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special , and I adjourned special meetings of the Commission and shall , as soon as possible after each meeting , cause a copy of the minutes to be forwarded to each member of the Commission . (5) Quorum. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business . No action may be taken by the Commission except upon the affirmative vote of a majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC , except that less than a quorum may adjourn a meeting to another time and place. E . RULES AND REGULATIONS The Authority may adopt, from time to time , by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required . i Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and separately to the public entity herein created , including , without limitation , the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity , and the increase of the tax base , within the jurisdictions of such parties Such powers shall include the common powers specified in this i I i 6 Agree-m.ent and may ,be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as ,powers of the Authority. The Authority is hereby authorized to do all ,acts necessary for the exercise of. such powers , including , but not limited to , any or all of the following : to make and enter into contracts ; to employ agents and employees; to acquire., construct, provide for maintenance a-nd operation of, or maintain and operate, any buildings , works or improvements.; to acquire ,. :hold or dispose of property 'wherever located ; to incur debts , liabilities or obligations; to receive gifts , contributions and donations of property , funds , services 'and other forms of assistance from persons, firms, corporations and any governmental entity ; to sue and be sued in its own -name; and ge,nera.11y to do any and all things necessary or convenient 'to the promotion - of economic development, including without limitation the pro.m,otion of opportunities for the creation, or retention of employment, the stimulation of economic activity, and the increase of the' tax base , all as herein contemplated . Without limiting the generality of the foregoing , the Authority •may issue or cause to be issued bonded and other indebtedness., and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2` and Article 4-,, the Act or any othe-r applicable provision of law. The, manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which ,a California county could exercise such powers- and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner Iin which a California general Jaw city could exercise such powers and -'perform such duties . The manner in which the Authority shall exerc.ise its powers and p,e,rform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or 'pe'rform such duties ,- whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term " Fiscal Year" shall mean the fiscal year as establ'ished from time to time by the Authority, being , at the d-ate of this Agreement, the period from July 1 to and - including the following June 30 , except for the first Fiscal Year which shall be the perio'd from the date of this Agree'me-n-t to June 30 , 1988 . I Section 6. Disposition of Assets. I At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority , all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants ; provided , however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants . Section 7. Bonds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement Said Bonds may , at the discretion of Authority, be issued in series The services of bond counsel , financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority . The fees and expenses of such counsel , consultants , advisors , and the expenses of CSAC , LCC , and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose . f Section 9. Local Approval . A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located . The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located , or its duly authorized designee , shall approve , conditionally or unconditionally , the project, including the issuance of Bonds therefor. Action to approve or disapprove a project shall be taken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the i governing body of the Program Participant, or by such other j officer as may be designated by the applicable Program Participant, to the Authority . Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds , together with the interest and premium , if any , thereon , shall not be deemed to constitute a debt of any Program Participant, CSAC , or LCC or pledge of the faith and credit of the Program Participants , CSAC , LCC , or the i I i Authority The Bonds shall be only special obligations of the Authority , and the Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor Neither the Program Participants , CSAC , LCC , nor the Authority shall be obligated to pay the principal of, premium , if any , or interest on the Bonds , or other costs. incidental thereto , except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC , LCC , or the Authority shall be pledged to the payment of the principal of, premium , if any, or interest on the Bonds nor shall the Program Participants , CSAC , LCC , or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission , or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds . Section 10. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds) . The books and records of the Authority shall be open to inspection at all reasonable times by each Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards . ' When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county auditor of each county in which a Program Participant is located . Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination . 9 i Any costs of the audit, including contracts with , or employment of, certified public accountants or public accountants in making an audit pursuant to this Section , shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose . In any Fiscal Year the Commission may , by resolution adopted by unanimous vote , replace the annual special audit with an audit covering a two-year period . The Treasurer of the Authority , within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered 'by the reports of the trustees for the Bonds . The trustee appointed under each Indenture shall establish suitable funds , furnish financial reports and provide suitable accounting procedures to carry out the provisions of said Indenture . Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement. Section 11 . Funds. Subject to the applicable provisions of each Indenture , which may provide for a trustee to receive , have custody of and disburse Authority funds , the Treasurer of the Authority shall receive , have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required b•y this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. Section 13 . Withdrawal and Addition of Parties. A Program Participant may withdraw from this j Agreement upon written notice to the Commission ; provided , however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture . Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing . i 10 Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon . (i ) the filing by such public agency of an executed counterpart of this Agreement, together with a• certified copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions , the Commission shall file such executed counterpart of this Agreement as an amendment hereto , effective upon such filing . Section 14. Indemnification. To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission , or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission , or an officer, employee or other agent of the Authority , against expenses , judgments , fines , settlements and other amounts actually and reasonably incurred in connection with such proceeding , if such .person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and , in the case of a criminal proceeding , had no reasonable cause to believe the conduct of such person was unlawful and , in the case of an action by or in the right of the Authority , acted with such care , including reasonable inquiry , as an ordinarily prudent person in a like position would use under similar circumstances . Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel , equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution Any such advance may be made subject to repayment, and in such case shall be repaid , in the manner agreed upon by the Authority and the party making such advance at the time of such advance . Section 16. Immunities. All of the privileges and immunities from liabilities , exemptions from laws , ordinances and rules , all pension , relief, disability , workers ' compensation , and other benefits which apply to the activity of officers , agents or employees of Program Participants when performing their 11 respective functions within the territorial limits of their respective public agencies , shall apply to them to the same j degree and extent while engaged as members of the Commission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Except as provided in Section 13 above , this _ Agreement shall not be amended , modified , or altered except by a written instrument duly executed by each of the Program Partici pants . Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal , valid and binding obligation of each of the Program Participants at 9 : 00 a . m . , California time , on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement and the execution and delivery hereof. Section 19 . Partial Invalidity. S If anyone or more of the terms , provisions , promises , covenants or conditions of this Agreement shall to any extent be adjudged invalid , unenforceable , void or voidable for any reason whatsoever by a court of competent jurisdiction , each and all of the remaining terms , provisions, promises , covenants and conditions of this Agreement shall not be affected thereby , and shall be valid and enforceable to the fullest extent permitted by law. i Section 20 . Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto . Except to the extent expressly provided herein , no party may assign any right or obligation hereunder without the consent of the other parties . Section 21 . Miscellaneous. This Agreement may be executed in several j counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument I i ! 12 The section heading.s herein are f-or convenience only and are not to be construed as modifying or governing the language in the section referred to . Wherever in,- this Agreement any consent or approval is required , the same shall not b.e unreasonably withheld.. This Agreement is made in the State -of California_, under the Constitution and laws of such state an'd ,!is, to be so construed . This Agreement is the complete and exclusive statement of the agreement among the parties hereto., which supercedes and merges all prior proposals , understandings , and other agreements,, including , without limitation , the Initial Agreement, wh.e-ther oral , written , or Jmplied in' conduct, between and among the parti:es 'relat.ing to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper 'officers thereunto duly authorized , and their official seals to be hereto affixed , as of the day , and' year first above writte-n . Program Participant: [SEAL] By Name: `Title: ATTEST: By ; Name: Title: 13 i RESOLUTION NO. RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the City of Grand Terrace, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in I conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority,dated as of June 1, 1988 (the "Agreement");and WHEREAS, there is now before this City Council the form of the Agreement;and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so;and WHEREAS, the Agreement has been filed with the City Clerk,and the members of the i City Council of the City,with.the assistance of its staff,have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AS FOLLOWS: Section 1. The Agreement is hereby approved and the Mayor of the City is hereby authorized and directed to execute said document,with such changes, insertions and omissions as may be approved by said City Council, and the City Clerk is hereby authorized and directed to affix the City's seal to said document and to attest thereto. Section 2. The Mayor of the City, the City Administrator, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 3. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to: Angie Sessions Orrick,Herrington&Sutcliffe LLP 400 Capital Mall,Suite 3000 Sacramento,California 95814 Section 4. This resolution shall take effect immediately upon its passage. I ADOPTED by the City Council of the City of Grand Terrace at a regular meeting of said Council held on the day of ,2005,by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk DOCSSF1:843765.1 2 i I i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Grand Terrace (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Corporation for Better Housing, or related entities, has requested that the Authority adopt a plan of financing providing for the issuance of multifamily housing revenue bonds in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $11,000,000 in outstanding aggregate principal amount, to finance the acquisition, construction and development of a 120-unit multifamily rental housing project, located at 22627 Grand Terrace Road, Grand Terrace, California, and generally known as Blue Mountain Senior Villas (the "Project"); and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the"Code"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private j activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "Council") are the applicable elected representatives of the City; and �p WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the 1 issuance of the Bonds; and 1 DOCSSF1:843765.1 WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of(a) Section 147(f)of the Code and(b) Section 9 of the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. . Section 4. The City Clerk shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Justin Cooper,Esq. Orrick,Herrington& Sutcliffe LLP 405 Howard Street San Francisco, California 94105 Section 5. This resolution shall take effect immediately upon its passage. r DOCSSFI:843765.1 2 i i I ADOPTED by the City Council of the City of Grand Terrace at a regular meeting of said Council held on the 27th day of October,2005,by the following vote: AYES: NOES: i ABSENT: i i Mayor ATTEST: City Clerk I i i I i i i I i DOCSSF1:843765.1 3 coTY STAFF REPORT O GRANDTEZR cE City Manager's Office CRA ITEM () COUNCIL ITEM (X ) MEETING DATE: October 27, 2005 SUBJECT: Ad Hoc Committee for Fireworks FUNDING REQUIRED ( ) NO FUNDING REQUIRED (X ) At the Council meeting of September 22, 2005,the City Council directed staff to establish an ad hoc committee to study the issue of illegal fireworks and report back to the Council with recommendations for the 2006 July 4'fireworks season. In the discussion for the creation of this ad hoc committee it was suggested that it be comprised of the following: one member from the Sheriff's Department; one member of the County Fire Department; a City Staff member; one Council Member, one representaive of youth sports; a member of the Crime Prevention Committee; and, two members of the public. It is surprising that in staff research how easy it is to obtain illegal fireworks. Simply type in"fireworks" in any internet search engine and it will bring up multiple entries offering fireworks for sale to the State of California with direct shipping to your door. In addition the City of Pahrump,Nevada, sells a tremendous amount of both legal and illegal fireworks directly aimed at the California market. They advertise with billboards on the 15 freeway and promote wholesale sales of fireworks that end up being imported to California for resale. I have enclosed some newspaper articles regarding the subject for your information. It appears that an aggressive enforcement program targeted at illegal fireworks may be necessary to curb this growing problem. STAFF RECOMMENDATION: Staff recommends Council create an ad hoc committee for fireworks and the committee consist of, one member from each of the following: • Sheriff's Department • County Fire Department • City Staff • Grand Terrace youth sports • Crime Prevention Committee, and • Two residents from Grand Terrace. Two residents have agreed to serve on the committee and they are,Kim Hathaway and Lou Ann Archibold. Z Q f`'RM C- { GE F0 0.5 lip 1 Pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 1 of 4 - Mq a 'e� ® • • • TIZ CURRENT WEATHER: Clear, i i i I , mow , July 2, 2003 • News • Opinion • Sports A business that's booming • Obituaries • Archives WHAT THREE FIREWORKS STORES NOW SELL IN PAHRUMP IS ILLEGAL TO USE • Search IN NYE COUNTY-AND THEY SELL A LOT OT IT By MARK WAITE CLASSfFl�B$ , ;-?..i PVT • All Classifieds • The sound of fireworks emanates from a Employment • Real Estate television video at Pahrump's newest fireworks • Autos store, Tim's Area 51 Fireworks Superstore. • Merchandise Two young boys shopping with their parents in 1 w -- -��— --n-�r---- one of the aisles look at different packages and dflNPAE yell out "Boom! Boom!" helping recreate the • Archive sound of what they excitedly look forward to j • Columnists on Independence Day. • Contact Us � • How To Tim's Area 51, in a newly constructed building r� ` Advertise on Highway 372, is the most recent of three • Subscriptions large fireworks retail and wholesale outlets in Pahrump, all of them specializing the sale of MARK WAITE/ PVT items that are illegal to use in Nye County. Customers browse the aisles last week Owner Tim McKoy is the son of Frank McKoy, at one of three fireworks businesses { now operating in Pahrump. owner of longtime local business Blackjack Fireworks. Last year Vegas Fireworks debuted in the Wheeler Springs Plaza on Highway 160. "Out of all the fireworks stores, this is the one that's state-of-the-art, as far as the high- N40 f. = = density sprinkler system," Tim McKoy said. "I = had the local inspection (and the) state inspection. We had to go through all kinds of a tests before they let (us) go on through, and 9 everything has been good. Obviously, they anC permit." HENRY BREAN/PVT gave us the occupancy Y P Pahrump firefighters and certified pyrotechnicians Bret Haynes (left) and Each applicant for a fireworks license pays a John O'Brien show off two of the $2,000 fee to Nye Count Commissioners commercial-grade shells they will shoot Y Y• off during the annual Fourth of July approved fireworks licenses earlier this year. fireworks display at Petrack Park.The show is expected to start with a flag Deputy State Fire Marshall Tony Capucci didn't ceremony at detailed preview oofInd Independence Day seem to have a problem with the fireworks activities in the area will appear in businesses. He said new fireworks store and Friday's edition of the Pahrump Valley the existing ones are abiding by tighter Times. http://www.pahrumpvalleytimes.com/2003/07/02/news/fireworks.html 9/22/2005 Pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 2 of 4 building codes. "They're actually safer than a -lot of buildings around town." The types of fireworks that are being sold aren't a big concern-either, Capucci said. "They're not selling.three-inch aerial bombs like you'd sell out of a commercial operation. = They, deal on the.retail sales, basically the safe -= m and sane type of stuff. They do have some MARK WAITE/ PVT but it's nothing of the real) high customers load up the trunk r their -skyrockets9 Y g car after a trip to Blackjack Fireworks type, like you'd buy to put on a fireworks last week. r _ show," he said. The Nye County Code limits the sale of fireworks to aerial devices containing no more than two grains, or 130 milligrams, of explosive composition or ground' devices containing no more than 50 milligrams of explosive composition, .classified as Class C explosives. Capucci admitted the regulation is a little puzzling; since it allows customers to buy fireworks in Nye County but not set them off here. It is unlawful to discharge fireworks in,Nye County.- Fireworks obtained from a Nye County retailer or wholesaler must be transported outside the,county within 24 hours. But Capucci said, "Most of their sales, their commercial, retail sales are for out of town stuff. What they do is they bring it in. Nevada is a free port law state'. They load it in here, they offload it and then they ship it out of state." Brush fires have broken out during July Fourth weekends in the past as the result of-illegal fireworks use, and those incidents have led to a few unsuccessful attempts-to ban fireworks throughout the State of Nevada, Capucci said. "That's why,we regulate it.so tight," he said. As it stands-now, Nevada is comprised of a patchwork of different, sometimes-' contradictory county ordinances governing fireworks. For example, the safe and sane rules that apply in Clark County prohibit many of the items that are legal to sell but not to use in Nye County. Ultimately, though, Capucci.said the vendors are not the 'problem. 'The main thing is they keep a safe environment in their stores. The stores.are not the problem; the problem is the people who are not able to (respect) the effect of the devices. They don't supervise their children, then they go out and start'a grass fire," Capucci said. Nye County Sheriff Tony DeMeo said he researched the fireworks laws after he first took office in January and visited all of the local fireworks businesses. He felt better after reading all the restrictions and talking with Capucci. "It goes to different parts of the country actually," DeMeo said. "They can wholesale them.here, but the laws are pretty restricted." A pair of customers at Tim's Area 51 last week came looking for something called "Pyroblast," a large package of various fireworks priced at $139.99. They also looked at the "Genghis Khan Pyroblast." Other fireworks for sale include the "Rock 'Em, Sock"Em," and the "Seek and Destroy," which comes with a ' picture of someone who looked like Saddam Hussein on the label. http://www.pahrumpvalleytimes.conV2003/07/02/news/fireworks.html 9/22/2005 i Pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 3 of 4 I "Feel the 500 grams of power," read one label. Tim's Area 51 opened May 15. Tim McKoy said he used to work for his father at Blackjack, but "we just got into a family fight and I decided to do it myself." Tim McKoy said the retail business drops to almost nothing after the Fourth of July, but he will maintain a healthy wholesale business to places around the country, particularly the South, where they buy fireworks for Christmas and New Years. Local fireworks stores have been advertising liberally on billboards around Pahrump and southern Nevada. The promotion begins on I-15, near the Highway 160 turnoff, where a billboard for Phantom Fireworks inexplicably states that it's only a 45-minute drive to Pahrump. I There are two billboards directly in front of Tim McKoy's'store, one for Area 51 and one for-Blackjack Fireworks. Another Blackjack's just up the street i billboard screams news of a three-for-one sale. Business was booming at Blackjack Fireworks Thursday, as a few customers pushed shopping carts through the store. One shopper could be seen mulling over a long, itemized shopping list at the counter. A middle-aged man, who didn't want to be identified, said he bought $350 worth of fireworks that couldn't be obtained back in the Los Angeles area. He was driving a van with California license plates. "Our business is different from the others," said Blackjack owner said Frank McKoy Jr. "The others are in it for the retail season, ours is more wholesale and retail both. We've been there for 25 years." He said this time of year, 35, 40, even 50 wholesalers per day buy from his store. i Fireworks sold at Blackjack carry names such as "Rambo Kid," "Hells Inferno" i and "Ninja," which boasts "36 magnum bursts." j Frank McKoy said the other stores haven't affected his business much. "We bring over 10,000 tourists a year over through Pahrump and these are people that normally wouldn't come here. "In the past eight, nine years, fireworks have upgraded to a higher and higher quality because of. the Consumer Products Safety Association," he said. "This helps the industry. That's why more and more states have gone into fireworks." Both McKoys recalled the day in the early 1990s that a sting was set up to nab people exporting fireworks into Clark County. "We filed suit. There's a lot of items that we sell that are legal in Clark County," Frank McKoy said. About one-third of the Blackjack store is dedicated to "safe and sane" fireworks 6 that are legal in Clark County. John O'Brien is a firefighter with the Pahrump Valley Fire-Rescue Service and a http://www.pahrumpvalleytimes.com/2003/07/02/news/fireworks.html 9/22/2005 Pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 4 of 4 certified pyrotechnician. He coordinates the commercial fireworks show held at Petrack Park each year on Independence Day. O'Brien said it's up to the buyer to know.what the law is on fireworks and the risks involved. "The old class C fireworks have a high,fire hazard. Not an explosion hazard, but a fire hazard. Yes they are explosive, but we don't recognize them as a hazardous materials issue," O'Brien said. "You cannot transport any fireworks that are not safe and sane. Safe and sane means the fireworks do not come off the ground once they are lit." O'Brien added that the U.S. Forest Service and U.S. Bureau of Land Management put out a notice this year that a $5,000 fine plus damages would ` be assessed to anyone caught shooting fireworks on U.S. Forest.Service or BLM property. Officials from both agencies can also,confiscate fireworks,arfd even seize vehicles used in the commission of a crime, O'Brien said. Tim McKoy countered that the Forest Service can't seize fireworks on roads owned by the Department of Transportation but it can .if motorists leave the roads and go onto,Forest Service land. That may be, but-O'Brien said that when it comes to fireworks there is a lot more at stake than citations, "fines and infrequently enforced laws. "Any fireworks that are not handled by a professional pyrotechnician are an accident waiting to happen,"-he explained. "I don't care what they do with them, they're going`to start a fire, they're going to injure someone or,they're going to' damage some property. "Mousy seven-cent bottle.rocket can burn down a $150,000 home just as easily as a match can," O'Brien said. "It's a Catch 22, and with the .three stores here we find ourselves in even more of a dilemma." For comment or questions, please e-mail webmaster@pa.hrumpvalleytimes.com Copyright © Pahrump Valley Times, 1997-- 2005' http://www.pahrumpvalleytimes.com/2003/07/0`2/news/fireworks.html 9/22/2005 109/.21/2005 16:.32 7147383661 TNT FIREWORKS PAGE 02/03 Page 1 of 2 I • San Gabriel Valley Tribune Police confiscate tons of illegal fireworks Police confiscate 10,000 pounds of_illegal goods (�.. I By Ruby Gonzales Staff Writer • Wednesday,July 069 2005-LA PUENTE--The man had just bought a family- sized pack of illegal fireworks when deputies spotted,him coming out of a Valinda house that later yielded 4,500 pounds of reworks. Deputies seized the fireworks and also kited the man Monday evening. "We just happened to be there at the right place at the right.time,'Deputy Chuck McDaniel said. j The Valinda seizure was the largest haul,during an-operation to crack down on illegal fireworks.On Wednesday,deputies showed the estimated 10,000 pounds of fireworks they seized from June 30 to July 4 in La Puente,Valinda, West Valinda and Bassett.Mr-Daniel said they,arrested 370 people; 320 for possessing illegal fireworks. Last year,deputies confiscated 6,000 pounds. Since they seized more this year, McDaniel said there were less illegal fireworks for people to use. I , "This year we know they're coming from Pahrump,Nev.,because we got a receipt from one guy,'he said. That man paid$14,100 for the fireworks. The La Puente team,comprised of a sergeant and three deputies, drove unmarked vekueles and looked for people selling or possessing illegal fireworks several days before the holiday_ 4n July 4,he said they had 25 deputies on the streets. "The city of La Puente is actively trying to stop illegal fireworks; McDaniel said. ! The city pays for overtime for the deputies to do the;enforcement. 1 ,We.diddt get any tips. .., We drove around and if We see somebody with a mortar round(we'll do a) surveillance. The big seizure we got, he was purchasing a family pack.and we saw him coming out of a, house' ; This is the fourth year for the program, said La Puente City Manager Hal Ledford. For the first year,he said the deputies used black-and-whites but people saw them coming. Deputies then switched to r undercover vans. The program was in response to people's complaints about illegal fireworks. Tedford said the program has been very successful. ; 'We allow safe and sane fireworks,'he said. "Wc have zero tolerance for illegal fireworks.' I http://www_sgvrribune.com/6da/article/print/0,1674,205%257El2220%257E2954419,0O.html 7/7/2005 i a 09/22/2005 10:e41 7147383661 TNT FIREWORKS PAGE 02/06 Page 1 of 2 Inland Valley 'Daily'Bnlletrn Chino to retool.rules on fireworks Council wants,to reduce illegal use and incursions from nonresidents By JOE FLORKOWSKI STAFF WRITER Friday,September 24,24D4-CHINO -,The Commun#y Services Commission will study how to reduce the number of non-Chino residents shooting off fireworks on July 4 in one of the few remaining cities that allows them, The City Council this week asked the commission, an advisory.arm of Chino,to review the city's fireworks rules amid an increased effort to reduce illegal use this year. The city is mot looking to eliminate any of the recently changed rules, but modify them,if necessary, said Tina Sray, Chino's director of community-services- For example, city staff had several requests from people who received fines for illegal fireworks use and wanted to know if they could pay in installments, she said. The city's current fireworks rules do not allow for such payments, Sray said. The city commission will also confront a problem that emerged from changes to its regulations made earlier this year,when the council banned all.fireworks use in parks and parking lots,thus limiting use to residential neighborhoods_ Residents and even city officials say they-encountered nori=Chino residents who wanted to use fireworks in their neighborhoods. Councilman Dennis Yates refused one such a request from a woman who approached him at home, "I had a.lady drive up from Ontario," Yates said. "She wanted to know if she could put them in my driveway." A,new system that fines users of illegal fireworks $1,000 was put into-place in spring. More than 100 people were cited for illegal fireworks use this year, and 72 have,yet to pay their fines. City officials this week senvout a second.letter to those with outstanding-fines, warning them about not paying, Sray,said.The city has collected about$25,000 from those who paid their fines, Sray said. As,word spreads of Chino.banning fireworks from parks,the city will levy fewer fines, Yates said. -The problem with nonresidents.coming to use fireworks in Chino will also be--reduced;he said. "If you don't live in Chino and you don't have a frien.d,-you`re out of luck." Yates said, Joe Florkow3ki.can-be reached by e-mail joe flor�kowslcina,d, ailylj�,Rlle_t_in.cam or by phone at (909) 453- -hitp://.w,�vw.d.ailybtdletin.com/cda/article/pzi.nt/O,l 674,2'0)%7E21481%7$2425020,00.htm1 9/27/2004 Pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 1 of 4 3- t F 4 - i' ME � Thursday, Seperriber 22, 2005 CURRENT WEATHER: Clear, e e =Get:un—to=date. i �He�tti%= �tl=fiitness`i ,Fy�" ` [�SAVETHIS CbEJEMAILTHIS CoraPRINTTHIS = )une 24, 2005 {_t J IN PAHRUMP.NEVADA p 3 INDEPENDENCE DAY CELEBRATION Fireworks planned despite 'emergency' _- - By PHILLIP GOMEZ - PVT k- • News =f~ Nye County IN PAHRUMP,NEVADA • Opinion commissioners on • __ports Tuesday approved a • Obituaries number of townWINW4- M • Archives advisory board v • Search applications for Family Owned permits to set off Serving Southern fireworks on the "+` Nevada Since 19f9 •-All Classifieds - Fourth of July, • Employment possibly for the last M. • Real Estate time. • Autos • Merchandise The commission agenda also had scheduled rt'V,67 J1;IYGYYTP.TAG�f£-r. discussion and PHILLIP GOMEZ/ PVT • Archive possible action on a Ruben Grijalva, California's state fire marshal, • Columnists came from Sacramento to ask the help of the Nye proposed ordinance County Board of Commissioners regarding the • CO Onta.Ct US to make fireworks health and safety costs imposed on Californians by • HW TO sales illegal in the their illegal import of fireworks into the state. Advertise Grijalva got little sympathy from the county. That commissioners. • Subscriptions brought out all the local fireworks dealers making the case for their inclusion in an upcoming workshop with the town of Pahrump that could restrict explosives more tightly and impose new taxes on their sale. i i Commission Chairwoman Advertisement s http://www.pahrumpvalleytimes.bom/2005/06/24/news/fireworks.html 9/22/2005 •09/22/2005 10:41 7147383661 TNT 'FIREWORKS PAGE 04/06 Pahrump Malley Times-Nye County's Largest Newspaper Circulation Page 2 of 4 Candice Trummell called the current ordinance "immoral" for permitting the retail sale of fireworks, and only to nonresidents, but outlawing their explosion within Nye County. She insisted that it was too late to modify the ordinance for �u�F the upcoming nrrr,�d Fourth of July celebration; if passed, the ordinance wouldn't take effect until next year, she said. "You just declared us a disaster area," said an unbelieving Sally Devlin. "One fire will burn up ... the Pahrump Valley," she said. Devlin wanted to outlaw fireworks completely for the approaching Fourth of July celebration. Town Board member Paul Willis, recovering from his own "fireworks" over his proposed brothel ordinance last week, cautioned against any overreaction to the volatile fire conditions. "This is an extreme situation that's out of the normal for us," he,said. "I'd rather see (fireworks store - owners) pay taxes and help with the education of the community for safe use of fireworks." Trummell explained her purpose in bringing the item to the table: "While.this is at the forefront of everyone's mind, I thought it was a good time to discuss it," she said. California State Fire Marshal Ruben Grijalva gave testimony works legally purchased in Nevada and smuggled Into (California were posing "a growing, serious problem." There, chases are resold individually. In the past two Grijalva said, California authorities have confiscated ounds of fireworks. It costs California,$6 per pound se of confiscated fireworks,.he said - nearly half a ollars for a two-month season. In the past two weeks, a 10-year-old boy playing with fireworks resulted in a death, Grijalva said. "The problem is growing and the risk is great." Millions of dollars in injuries, property damage and loss of life were the result of Nye County's open-door policy, "I'm not here to harm the economy of Pahrump," he said, adding that he would like to see the curtailment of"the larger shipments" of explosives through more effective regulation. Local fireworks purveyors in attendance appeared in a http://w-�vw.pahrumpvalleyrimes.com/2005/06/24/news/fireworks.htmI 9/22/2005 1 d - 09/22/2005 10:41 7147383661 TNT FIREWORKS PAGE 05/06 Pahrump Valley Times-Nye County's Largest Newspaper Osculation Page 3 of 4 compromising mood. Kelly Bernard with Outlaw Pyro, which does a wholesale business, said that banning the sale of fireworks in Pahrump j was not the answer to the problem, "People can go to Laughlin or the Moapa Indian Reservation to buy fireworks," she said. "It's not just us creating the problem." Bernard-said fireworks sales in Pahrump contributed $10,000 to $15,000'in sales tax revenue to the community. Additional revenue came from hotel and restaurant receipts on account of out-of-state visitors here to buy fireworks. She cited statistics that fireworks were the cause of'2,532 fires in 1997, while engine backfires were the cause of 10,984 fires. Only nine injuries that year resulted from fireworks use in 1,000 cases, she said. Pahrump Town Manager Dave Richards asked that the commissioners take no action until,the town advisory board made a formal recommendation. I Area 51 Fireworks Superstore owner Tim McCoy said he had ! "a lot of ideas" to assist in drafting an ordinance that would not put fireworks owners out of business in Pahrump. i i Glen Fletcher, with Area 51 also, said, "The fireworks industry takes a lot of heat for the fires, but cigarettes are a bigger cause of fires."' Former county commissioner Red Copass, now a paid f consultant for Phantom Fireworks in Pahrump, said, "I do not particularly,care for fireworks, but I do care that as Americans we're allowed to do things that other people.are not allowed'`.to do." i Commissioner Trammell reiterated that the,fire situation was not the reason for.her raising the issue. "I wanted to find out r if the.(other) commissioners are serious about solving this problem. .,: It is not an indictment of the fireworks industry. It's just•tha't the current ordinance is not very effective and not very ethical." Commissioner Gary Hollis was in no mood to do anything neighborly for California, since the commission as a whole lis , still smarting over Inyo County's alleged brusque dealings j with Nye County over recent Yucca Mountain payments that ! Nye's commissioners felt shortchanged them. "I don't have a very good relationship with Inyo County and I don't see that it's going to get any better," Hollis said. "They got their county and we'got'ours." Commissioner Patricia Cox motioned to permit the Pahrump Town Board, to bring forward a proposal that would impose a tax on retail and wholesale sales of fireworks and to- s designate a;recipient of the revenue, i.e., Pahrump Fire- http://www_pahrumpvaUeytimes bom/2005/06/2A`lnews/fireworks.htil 9/22/2005 09/22/2005 10:41 7147383661 TNT FIREWORKS PAGE 06/06 pahrump Valley Times -Nye County's Largest Newspaper Circulation Page 4 of 4 Rescue, the Nye.County Sheriffs Office or the county's general fund. The motion passed.unanimously. The ordinance Cox contemplated would allow detonation of fireworks in Nye County, unless prohibited by local town-advisory boards. For comment,or questions,'please e-mail webmaster@pahru_pvalley_times.cam. Copyright P Pahrump Valley Times, 1997 - 2005 http://www.p'ahrumpvalleytimes.com/2005/06/24/news/fireworks.html. 9/22/2005 ei. . Community Services Department Staff Report CRA ITEM O COUNCIL ITEM O (X )MEETING DATE: OCTOBER 27,'2005 SUBJECT: , NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM FUNDING REQUIRED: .(X) NO FUNDING REQUIRED ( ) RECOMMENDATION: APPROVE THE NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM. GIVE NOTICE TO THE COUNTY OF SAN BERNARDINO TO TERMINATE THE CURRENT RENTAL INSPECTION PROGRAM EFFECTIVE JANUARY 1, 2007. Purpose The goal of the Non-Owner Occupied/Rental Property Program is three fold: 1: To clean up sub-standard rental'stock 2.. To.improve the quality`of_life in neighborhoods 3. To maintain]or increase the economic value of single-family homes and other rental residences. ' Steps to accomplish this goal include developing, passing, and implementing a new city ordinance that would, in part: • Require an inspection of all non-owner occupied/rental property • Include a code enforcement process • Impose fines for violations and non-compliance on property owners • Establish a working database of all rental property Be financially self-supporting Staff feels that a well conceived, implementation of such a plan, would benefit the City of Grand Terrace with: J • Increased property values for both rental and non-rental property • Increased rental demand • Increased property management involvement in solving rental property issues • Decreased general calls for police services • Decreased calls about rental property problems to Code Enforcement C'r0U,��CNL AGENDA ITEM Na',�� { 11I History Traditionally homes in Grand Terrace have been owner occupied. On average,.the properties that are owner occupied tend*to be better maintained and the owners of these properties tend to 'respond more quickly to requests-from Code Enforcement than owners of residential rental property. , There was a time when Grand Terrace citizens owned a majority of residential rental.properties in Grand Terrace. The property owners would take pride in their rentals; they were often - community leaders involved with organizations such as the Lion's Club, Woman's Club and , Chambers of Commerce., Property records indicate that only 21% of the.single-family homes identified as rentals are owned by citizens living in Grand Terrace (71 homes). Over 75% of all rental homes are owned by�out of city ownersi primarily living in Riverside, Redlands, and Orange County (256 homes). Our records indicate that code enforcement cases that involve non-owner occupied } /rental homes take an average of 70% more time to resolve and consume 35% of our code enforcement officer's time. With the growing caseload of complaints, the enactment of the RV ordinance, the enforcement of street sweeping and the recent spike in commercial truck complaints, our code enforcement officer's caseload is reaching capacity. , f The County of San Bernardino Department of Public Health, Division of Environmental Health Services has been under contract with the City of Grand Terrace since the incorporation of the city to perform rental inspections of apartments. Staff has been working with Terri Smith, Community Environmental Health Program.Manager on this issue. Currently the County provides a rental inspection program for apartments/multi-family only. There is an annual cost of$134 for the`base fee, $7.per unit, and a one-time $55 Certificate of Use document fee. Under this program a new owner of a duplex in Grand Terrace with two units pays the County $203. Grand Terrace and Chino-Hills are the only cities in the County on program. According to Terri Smith, all other cities have taken control of their own 'inspection programs j either through their Code Enforcement Departments or Fire Departments. The County is on a 30-day notice contract with the City for termination of this contract. According to Ms. Smith, the County would be very amenable in working with the city should the 30-day notice be given to end the contract. f Schedule implementation date = January 1, 2007 Should council approve.the non-owner occupied rental inspection program, the target date for j enforcement by the City is January 1, 2007. 'This would give the staff,time to: • Build the database i • Verify the non-owner occupied residences • Hire and train staff • Set up the office, computer and software f Upon receiving a cancellation notice from the City, the County will pro-rate the current rental inspection billings so all inspections and fees terminate on December 31, 2006. Free Classes At the request of the Apartment Association Greater Inland Empire Division (AAGIE)„-the City of Grand Terrace staff held a meeting on March 29, 2005, with members of the community, The Grand Terrace Chamber of Commerce, rental owners, and staff of AAGIE. Karen Fricke, AAGIE Executive Director expressed her concerns that many times such ordinances are unjust to good rental property owners along in an effort to hold accountable those owners who are in violation. There was also concern that the added cost of the program would be passed on to the renters in the form of rent increases. City staff has since met with Karen Fricke, to discuss the elements of the proposed ordinance, and have agreed to sponsor an annual "How To Pass Your Rental Inspection" class for non- owner occupied/landlords and a "Tenant's Rights" class for renters. Incentives for Good Landlords/Non-Owner Occupied - 3-3-3 Program Staff agreed to offer incentives for good non-owner occupied rental property owners. Under the 3-3-3 Program, if the property owner has three consecutive annual inspections without a violation they would be eligible for a 50% fee reduction for a maximum of three consecutive years. If a violation were recorded during the reduced fee program, their good ownership status would be revoked. After three consecutive years on the good ownership status, the fee would revert back to the standard fee for three years. Any ownership change would revert the status to the initial 3 years at the standard fee. Intent It is the intent of this Program to address conditions that pose immediate hazards or which clearly present a threat to human life, health or safety and will require full and rapid compliance. Significant Code violations that do not pose immediate hazards to human life, health or safety will be subject to full compliance proceedings. However reasonable time periods shall be established for achieving compliance. Minor Code violations that relate primarily to superficial, or preventative, property maintenance may be cited, but primarily will be noted and transmitted to the property owner. In accordance with the provisions of Health and Safety,Codes, City of Grand Terrace Codes, and various other Housing and Building Codes, it is not the intent of this Program to require mandatory retrofits of existing structures that were built, or installed, in accordance with building standards in effect at the time of construction, or installation, and which have been maintained in a good and safe condition, unless retrofitting is required by ordinance as adopted by the city of Grand Terrace, or by State law. Scope The provisions of this Program shall apply only to non-owner occupied, residential rental properties. Mobile home rental units located within mobile home parks, nursing, convalescent or retirement home which are otherwise subject to inspections by other agencies including but not limited to the County Environmental Health Services, the State Department of and Community Development, or the State Department of Social Services, are exempt from this Program. Authority of Community Service Director The Community Service Director is charged with the implementation and administration of the Non-Owner Occupied/Rental Property Program. The Community Services Director shall ensure that owners of residential rental property are provided with reasonable notice of the initial inspection of their property. Residential Rental Unit Inspection Certificate All residential rental properties shall be subject to inspection and shall be issued a Residential Rental Unit Inspection certificate after satisfactorily passing the required inspection. The certificate shall be renewed annually. Inspection The property owner shall be notified of the date and time of the inspection and shall be responsible to make best efforts within the law for making the property accessible for inspection by the City. Exterior and common areas of the property will be the primary focus of the initial inspection. This inspection shall be done in accordance with a uniform procedure and shall involve a standardized checklist of those items that will be evaluated on each property. However, if the inspector determines based on the condition of the property that interior inspections may be necessary the inspector may then request, or otherwise obtain, authorization for entry. Code Enforcement has an interior inspection goal to inspect at least 10% of the non-owner occupied/rental properties annually and a goal of 100% of the exteriors of such properties. The Community Services Director shall be responsible for establishing uniform rules and procedures for all inspections performed under this Program so as to maximize the consistency and fairness of the inspection process. i Owner Opportunity to Abate Violation Under the Non-Owner Occupied/Rental Property Program, property owners will be given the maximum possible flexibility with the City's established code compliance procedures. Emphasis will be placed on building a cooperative relationship that will achieve compliance and abate existing violations. With this in mind, the Code Enforcement Officer is given flexibility to extend time frames for compliance for property owners who are working cooperatively with the City in a good faith effort to achieve compliance. l , Notice of Inspection For all initial inspections.and annual re-inspections to be performed under this Program, The City shall mail_to the property owner a notice,of pending inspection at least fourteen (14).days prior to the inspection; it shall be the.responsibility of the owner to notify any individual tenants of the inspection. Should an inspection need to be re-scheduled..by the City, a notice shall be mailed to the owner at least three days prior to the scheduled inspection date. The date of any-follow up inspection shall be as determined by the City. Any re-inspection date will be written on the "notice of violation/citation. Notification of Inspection Results ' Within fifteen (15) working days following an initial inspection or annual reinspection performed under this Program, the City shall send to the property owner,'by.first class mail, a .notice of the result of such inspection. If any violations are found,during an inspection or annual reinspection, the property owner may receive a "notice of violation`listing any and all violations.found. If no violations are found oif a particular property during inspection or annual reinspection, then the property.owner.shall receive a written notice stating such. Compliance A property owner who has received a "notice of'violation":must correct all reportable violations within thirty (30) days from.the date that the "notice of violation" is received by the property owner or upon a specific date as determined by the City. If the severity of certain violations is found to be significant enough as to warrant,a more rapid compliance, the City 1' may shorten the thirty (30) days compliance period to expedite the correction of the severe violations. Failure to Comply When a property owner receives a "notice of violation' he/she is required to make all necessary repairs outlined in such notice in a timely manner as specified by-the City. Additionally, all other significant and minor code violations must be corrected within the time frame established by.the City. If,a property owner.has failed tomake the necessary corrections within the time frame as required by the City, the City may take any actions _ deemed necessary to achieve compliance including, but not.limited to, prosecution by the City Attorney. Administrative Citation Process The city will enact an administrative citation-program to collect any fines levied on non-owner occupied/rental properties that do not comply with,the request from Code,Enforcement. Fines are $100 for the first citation, $200.for the second citation, and $500.for the third citation'and any subsequent citation within twelve (12) months. A second or subsequent citation will not be r written until ten (10) days (appeal period) after the last citation. Unpaid administrative citation fines shall result in a lien on the property in the amount of the fine plus any processing costs. i Example: Rental Property A has an engine block on the driveway. During the annual exterior inspection, the violation is noted and the owner is issued a Notice of Violation and given two weeks to correct the situation—there is no fine at this point. After two weeks, a re-inspection noted that the engine block is still there. A citation is issued and a fine of$100 is imposed along with a re-inspection fee of$47.50. After a deadline of two more weeks, a re-inspection notes the engine block is removed. There is no additional fine or re-inspection fee. Notice of Noncompliance to Franchise Tax Board The California Franchise Tax Board may deny state income tax deductions, including those based on interest, taxes, depreciation, or amortization, to taxpayers who failed to bring substandard residential property into compliance with the Uniform Housing Code, as adopted by the Grand Terrace Municipal Code, or with other law. The City must first notify the taxpayer/property owner and provide at least six months to correct violations. If the property owner fails to comply within the time period, the City then a notifies the property owner of its intent to notify the Franchise Tax Board of the non- compliance. The property owner can at this time file an administrative appeal with the City regarding the non-compliance. If no appeal is filed, or if the City prevails on the appeal, the City will then notify the Franchise Tax Board of the non-compliance. Administrative Civil Penalties Processes For more serious violations an administrative civil penalties process will be used. Under such a process a compliance order is issued that describes the violation and what is required to bring the property into compliance, when compliance must be complete, and the administrative civil penalties that may be imposed if there is no compliance. If no timely compliance is completed an administrative hearing is scheduled. From this hearing penalties may be imposed. Penalties may be up to $2500 per day for each ongoing violation up to a total penalty of$100,000 per property. The City may collect these penalties either as a personal obligation or by placing a lien on the real property. fCivil 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. i 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. Appeal Process Any person aggrieved by a determination of the City may appeal in writing to,the,City-Clerk's office, 22795 Barton Road, Grand Terrace, CA 92313 within Ten (10) calendar days from _ the date the citation was mailed. An appeal will result in an administrative hearing. Staffing and Program Costs The actual costs to implement this program January 1; 2007 are unknown, the following is an overview of the potential costs and manpower needs. Staff anticipates=the annual inspections would require 415 hours to perform all of the exterior inspections-at full implementation based upon 30 minutes per home and 15-minutes per apartment. Interior inspections are,targeted at 10% of the total non-owner occupied/rentals and would require 102 hours to perform based upon 45 minutes per.-inspection. Staff would consider hiring a part-time Code Enforcement officer at an annuaLcost of$30,000, including benefits and a full time clerk at a cost of$25,000 including benefits. Training costs are expected to be $3,000 annually along with one.time expenses such as $18,000- $25,000 for a vehicle, computer and office set-up costs of$4,000. Code Enforcement and rental inspection software will cost $5,000 with an annual $1,000 maintenance and updating cost. Program revenue, excluding fines and re-inspection fees, is expected-to be approximately $70,000 based upon the following fee amounts: The proposed fees are only for non-owner occupied/rental properties. Condominiums will be- charged only.if they are anon-owner occupied/rental. Per Unit Per Year * Number of Units $36 200 or more $48 199 and less $95 Single Family Home (SFH) * Includes one inspection per year. Re-inspection Fees $47.50 - Single Family Home interior and/or exterior inspection $47.50 - Multi-Unit per exterior visit I $47.50 - Multi-Unit per unit inspected (may be combined with exterior visit inspection) i Projected Revenue Apartments Yr 1 Yr 2 Yr 3 Yr 4* Yr 5* The Highlands 556 36 $20,016 $20,016 $20,016 $19,015 $19,015 Crest 228 36 $8,208 $8,208 $8,208 $7,798 $7,798 Mt. Vernon Heights Condos (now condos) 100 units, estimating 30% rentals 30 48 $1,440 $1,440 $1,440 $1,368 $1,368 Azure Terrace 28 48 $1,344 $1,344 $1,344 $1,277 $1,277 Palms 25 48 $1,200 $1,200 $1,200 $1,140 $1,140 Duplex(8) 16 55 $880 $880 $880 $836 $836 Triplex (2) 6 55 $330 $330 $330 $314 $314 Fourplex(2) 8 55 $440 $440 $440 $418 $418 Fourplex (Detached) - 4 55 $220 $220 $220 $209 $209 Apartment Sub Total $34,078 $34,078 $34,078 $32,374 $32,374 i Condominiums Cape Terrace(12168 Mt. Vernon) 22 48 $1,056 $1,056 $1,056 $1,003 $1,003 Azure Hills (Palm Ave) 29 48 $1,392 $1,392 $1,392 $1,322 $1,322 Terrace Pines (Aspen/Chaparral/Terrace Pines) 17 48 $816 $816 $816 $775 $775 12420 Mt. Vernon 42 48 $2,016 $2,016 $2,016 $1,915 $1,915 New Condos in 2005 25 48 $1,200 $1,200 $1,200 $1,140 $1,140 Condo Sub Total $6,480 $6,480 $6,480 $6,156 $6,155 Single Family Homes - City Resident Owned Rentals 71 Outside City Owned Rentals 256 Total SFH Rentals 327 95 $31,065 $31,065 $31,065 $27,959 $27,959 $71,623 $71,623 $71,623 $66,489 $66,488 Reinspection-estimates Apartments (50% exterior/30% interior) 32 47.50 $1,520 $1,520 $1,520 $1,520 $1,520 Condominiums (50% exterior/30% interior) 45 47.50 $2,138 $2,138 $2,138 $2,138 $2,138 Single Family Homes (30%) 98 47.50 $4,655 $4,655 $4,655 $4,655 $4,655 $8,313 $8,313 $8,313 $8,313 $8,313 Total Inspection Revenue $79,936 $79,936 $79,936 $74,802 $74,801 I j *Projections for Yr 4 &Yr 5 estimate 10% of multi-family units and 20% of SFH will qualify for three year rate reduction Cities that have enacted similar inspection ordinances Grand Terrace would be the first city in the Inland Empire to enact an ordinance for non-owner occupied/rental properties that include single-family homes. The City of San Bernardino recently passed a multi-family rental inspection,program that is similar in the inspection process and charges from $24 per unit to $33 per unit depending on the size of the complex. Their inspection work is done by the fire department. Other cities that have.passed similar inspection programs include: ..,,,Pasadena, San Jose, Montclair, Azusa, Sacramento, San Francisco, Hayward, and Berkeley. RECOMI%IENDATION APPROVE THE NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM. GIVE NOTICE TO THE COUNTY-OF SAN BERNARDINO TO TERMINATE THE CURRENT RENTAL INSPECTION PROGRAM EFFECTIVE JANUARY 1, 2007. s A S FF _REP RT�,- CRA ITEM COUNCIL ITEM (X) MEETING DATE: October 27, 2005 FUNDING REQUIRED: (X ) NO FUNDING REQUIRED SUBJECT:'• Consulting Agreement for General Plan Evaluation RECOMMENDATION: Authorize funding for a. consulting services agreement with AEI-CASC to prepare an analysis of the adequacy of the City's General Plan. Background: The City's General Plan serves-as a-basis.for all land use decisions. The General Plan includes seven elements that have been adopted over the past 20 years. Theses include the original General Plan 'of Land Use adopted in 1988 with additional elements addressing Air Quality, Open Space and Conservation, Circulation, Housing,Noise, and Safety. State planning law requires that the General'.Plan for each city and county in California be reviewed on a periodic basis to determine its adequacy and compliance with current planning regulations. Staff has received proposals to perform a preliminary evaluation of the City's General Plan from two local qualified consulting firms. Proposals have been received from LSA Associates, Inc. of Riverside and AEI-CASC of Colton. Both proposals propose to review, all elements of the General Plan, identify, areas that require updating or- revision, identify any priorities in the revision process, identify environmental documents that should be prepared, and submit a draft schedule and estimated budget for the revisions. LSA proposes to conduct the evaluation for a fee of$15,000 with a 60 day,schedule. AEI-CASC proposes to perform the evaluation fora fee of$6,000 with a 21 day schedule. Staff recommends that the City Council authorize funding for the general Plan evaluation and authorize staff to award a'consulting agreement to AEI-CASC to conduct the study. hi 9C I L A G E BOA ITS 1%. KI Oj I A ` CASC i October 6, 2005 E N G I N E E R I N G Mr. Gary L. Koontz, Community Development Director CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, CA 92313-5295 SUBJECT: Tentative General Plan Update Proposal Dear Mr. Koontz: AEI-CASC Engineering, Inc. is pleased to provide the following with respect to the City of Grand Terrace's interest in receiving a proposal to conduct a preliminary evaluation of the adequacy of its General Plan. It is our understanding that the Scope of Work for the General Plan Update shall include: 1. A review of the existing General Plan Documents for compliance with current Planning Law. 2. Identification of specific areas of the General Plan that require updating or revision based upon the preliminary review. 3. Preparation of a report that may be sent to the City Council summarizing the noted deficiencies, a potential work program to update the General Plan and/or its elements, a phasing plan focusing upon critical areas that must be addressed immediately, justification of why the City Council should authorize the project, and a project timeline. { 4. An explanation of the environmental documentation required for completion of a major update. The City of Grand Terrace is clearly aware that the advantages and/or benefits afforded a community when it develops,maintains, and updates its general plan are as follows: • Responds to community attitudes and aspirations • Reduces the staff time and cost for subsequently processing projects as a result of the environmental analyses contained in an updated plan and corresponding E.I.R. • Avoids litigation over land use decisions by establishing accurate data for the consideration of development projects • Responds to changing land use patterns and expectations of new development • Protects environmental resource areas • Accurately identifies changing community needs that serve as the basis for allocating and prioritizing the use of limited City resources • Outlines all specific provisions, standards, guidelines, and procedures in one reference document • Ensures that infrastructure and related public service and facility improvements are prioritized and implemented I CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL ENGINEERING 937 S. VIA LATA, SUITE 500 e COLTON CA 92324 • 909.783.0101 # 909.783.0108 FAX www.aei-casc.com City of Grand Terrace Tentative General Plan Update Proposal • Identifies and documents changing physical conditions within the community that could invalidate certain elements of the plan (e.g. noise, circulation, etc.) and thereby jeopardize the adequacy of the general plan • Allows for discussion of topics of local concern • Establishes vision and land use priorities for the development community • Ensures that City services and facilities will be adequate to meet the needs of current and future residents of Grand Terrace • Facilitates streamlined processing of development projects that conform to the general plan AEI-CASC Engineering, Inc. is qualified and prepared to undertake the critical tasks of (a) Reviewing the existing City of Grand Terrace General Plan Documents for compliance with current Planning Law; (b) Identifying specific areas of the General Plan that require updating,or revision based upon the preliminary review; (c) Preparing a report that may be sent to the City Council summarizing the noted deficiencies, a potential work program to update the General Plan and/or its elements, a phasing plan focusing upon critical areas that must be addressed immediately,justification of why the City Council should authorize the project, a tentative budget , and a project timeline; and, (d) An explanation of the environmental documentation required for completion of a major update. AEI-CASC Engineering, Inc. proposes to provide the preliminary evaluation of the adequacy of the City of Grand Terrace General Plan within 21 calendar days from the execution of an agreement with the City of Grand Terrace at a cost of$6,000.00. This would include a presentation of our findings and justification for action to the Grand Terrace City Council. If this proposal is acceptable to you please indicate so by signing below and returning a copy to our offices. Sincerely, AEI-CASC Engineering, Inc. Tom Nievez Planning Director Accepted: Date: Gary Koontz Community Development Director City of Grand Terrace 2 EXHIBIT "A" SCOPE OF SERVICES 1. Consultant shall perform services including, but not limited to,the following: a. A review of the existing General Plan Documents for compliance with current Planning Law. b. Identification of specific areas of the General Plan that require updating or revision based upon the preliminary review. c. Preparation of a report that may be sent to the City Council summarizing the noted deficiencies, a potential work program to update the General Plan and/or its elements, a phasing plan focusing upon critical areas that must be addressed immediately,justification of why the City Council should authorize the project, a tentative budget, and a project timeline. d. An explanation of the environmental documentation required for completion of a major update. i i i I I I ' EXHIBIT "B" COMPENSATION Project Rate: Not to Exceed $6,000.00 AEI-CASC ENGINEERING HOURLY FEE RATE SCHEDULE January 1,2005 The following rates shall apply to services provided on a time-and-material basis. Rates reflected are hourly General Construction Management President/Principal $170.00 Resident Engineer $122.00 Clerical/Miscellaneous Office Work $60.00 Assistant Resident Engineer $112.00 Senior Field Inspector $96.00 Gird Field Inspector 1 $82.00 Engineering Director $138.00 Field Inspector 2 $90.00 Senior Project Manager/Project Manager $130.00 Assistant Project Manager/Senior Project Engineer $112.00 a++ in Senior Designer/Project Engineer/Calculator $105.00 Planning Director $132.00 Design Engineer/Designer $100.00 Project Manager $120.00 CADD Designer $91.00 Senior Planner $112.00 Senior CADD Drafter $85.00 Planner $100.00 CADD Drafter $65.00 Assistant Planner $86.00 Water OuaU&Services Survey Engineering Director $138.00 Three Person Survey/GPS Crew $255.00 Senior Project Manager/Project Manager $130.00 Two Person Survey/GPS Crew $230.00 Assistant Project Manager/Senior Project Engineer $112.00 One Person Survey/GPS Crew $200.00 Scientist $107.00 Senior Project Manager/Project Manager $130.00 Senior Field Inspector $96.00 Survey Analyst $105.00 Environmental Analyst I $82.00 Environmental Analyst Il $90.00 Otter Field Inspector I $82.00 Litigation Consultant/Expert Witness $335.00 Field Inspector 11 $90.00 Computer Time $30.00 Two Person Sampling Crew $179.00 REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15%. Reproduction Services. Includes blueprinting,copying,printing and plotting. In-house plots will be billed at$6.00 per sheet for each client set and for a final in-house review set. The client is welcome to contract directly with an outside reprographic firm for those services not provided in-house. Rental Equipment and Fees• Any equipment rental and any fees advanced by our firm including plan check and filing fees. Commercial Delivery Services Including Express Mail,Federal Express,UPS and independent courier services. In-House Pick-Up and Delivery Services These services provided by our firm will be reimbursed at$42.00 per I hour In addition,mileage will be billed at$.55 per mile with no markup. Travel Expenses Mileage to and from the job site will be billed at a rate of$.55 per mile with no markup and travel time for survey crews will be billed at$90.00 per hour,per man,one-way Airfare will be billed at cost plus 15%. Per Diem Per diem for overnight stays will be billed at$134 per day,per man. i Waiver of Subrogation If the client requires a Waiver of Subrogation for Work-man's Compensation Insurance, the client will be required to pay the additional insurance premium for this request. The approximate amount for the waiver is$250.00. i NOTE: Invoicing will be submitted on a monthly,progressive cycle. i i ' L t LSA ASSOCIATES, INC BERKELEY FORT COLLINS POINT RICHMOND 1650 SPRUCE STREET, FIFTH FLOOR 951 781.9310 TEL CARLSBAD IRVINE ROCKLIN RIVERSIDE, CALIFORNIA 92507 951 781.4277 FAX COLMA PALM SPRINGS SAN LUIS OBISPO v/ ? August 30,2005 3OUSTi_DT Mr. Gary Koontz ^znma/Community Community Development Director - - Department City of Grand Terrace 22795 Barton Road nnn s n i. � Grand Terrace,Cali-forriia 9231 -320/ Subject: General Plan Consistency Review(LSA Proposal No.ZZZ1422D1) Dear Mr. Koontz: As a follow-up to our phone conversation regarding LSA's June proposal to complete a General Plan Consistency Review for the City of Grand Terrace,this letter includes a Task and Budget supplement. The Task and Budget pages detail the tasks necessary to complete the General Plan review along with the corresponding budget. After you have had the opportunity to review the additional information, I would welcome a chance to further discuss the proposal. My contact numbers are: (951) 781-4277 (phone) or(951) 781-4277 (fax). Thank you again for your interest in using services provided by LSA. Sincerely, LSA ASSOCIATES,INC. _ 1 Lisa Donnell,AICP Senior Planner Enclosure: LSA Tasks and Budget for the City of Grand Terrace General Plan Consistency Review 8/30/2005(KAPROPOSAL\PLANNING\Grand TerraceTollow-up Letter.doc) PLANNING I ENVIRONMENTAL SCIENCES I DESIGN LSA TASKS AND BUDGET FOR THE CITY OF GRAND TERRACE GENERAL PLAN CONSISTENCY REVIEW LSA will complete the tasks below on a time and materials basis not to exceed a fee of$15,000.00. A breakdown of the project budget is provided below. Task 1.0—Project Kick-off Meeting and City Tour LSA will meet with City staff to finalize the program for the General Plan Review. LSA will work with the project planner to determine document format, schedule, staff issues, and to obtain list of pertinent contact persons. LSA will obtain all relevant project information including General Plan maps, General Plan amendments, and environmental documents. LSA will tour the City with staff to learn about City characteristics, history, and issues. $ 700.00 Task 2.0—Review General Plan Materials LSA will review the General Plan documents and information to become familiar with background, content,and organization. $ 500.00 Task 3.0—Evaluate and Analyze Existing General Plan Elements LSA will evaluate each element for consistency with State law including clarity of goals and policies, organization, and ease of use. Deficiencies will be detailed with recommendations proposed for additions, modifications, or eliminations. Elements to be analyzed include Land Use (1988), Circulation (1998), Open Space (1999), Conservation (1988), Safety (1988), Noise (2003), Air Quality (1999), and Parks & Recreation (1999). The Housing Element is reviewed by HCD for consistency with State Law and will not be evaluated under this Task. $ 8,000.00 Task 4.0—Evaluate General Plan Consistency LSA will analyze all elements of the General Plan including the Housing Element for internal consistency, format, clarity of figures and maps. Recommendations for possible revisions and modifications will be provided. $ 3,600.00 { Task 5.0—Administrative Draft General Plan Review i j LSA will provide an assembled General Plan Review and provide three (3) copies of an administrative draft report for City staff review and comments. $ 500.00 KAPROPOSAL\PLANNING\Grand Terrace\LSA Tasks and Budget for the City of Grand Terrace.doc(8/30/2005) I Task 6.0—Final General Plan Review Based on City Review of the document, LSA will revise the General Plan Review as appropriate and submit final copies to the City. $ 1,000.00 Task 7.0—Editing/Processing,and Production LSA maintains a quality control procedure which ensures that documents meet our high standards before they are released for public review. Our editing and word processing department is in charge R of reviewing all documents. $ 400.00 Labor Total $14,700.00 Reimbursable Expenses: LSA will produce three (3) copies of the Administrative Draft and fifteen (15) copies of the Final General Plan Review. -) Reimbursable Expenses $ 300.00 Total $15,000.00 KAPROPOSAUPLANNING\Grand Terrace\LSA Tasks and Budget for the City of Grand Terrace.doc(8/30/2005) 2