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Home My WebLink About02/23/2006 GRRHD TERR CE Febraary'23,2006 22745 Barton Rod . -Grand Terrace' Cali fornia'92313-5295 u Civic•Center x (909)'824-6621. Fax(909),783-7629 Fax(909)-783-2600, ' Maryetta.Ferre .• CITY' OF_ 'GRAND ,T-VRRACE . 'Mayor'- Bea Cortes :. -,D1ayor Pro•Tem ,,'!', - ... i ..r, i •t,' " , Herman Hilkey I.,RA%CITYCOUNCIL LeeAnn'Garcia ��j ULAR MEETINGS Jim'Miller " . 1W G. _ Council Members. f. 'r" _ TH ND 11 Thtimas.J.Schwab ANDA, :T U' rsday,- .6 OQ 'p.m-, `City Manager. " Council Cha•mbers,. -Grand`Terrace-civi"c'Center, .. _ ,22M',Uar-ton Road CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS FEBRUARY 23, 2006 GRAND TERRACE CIVIC CENTER 5:00 PM 22795 Barton Road , ',THE CITYOF GRAND TERRACE'tOMPILIESWITH,,Tltt--A4EI 'ITIES-ACTOF1990'. ANCE -PART .9 MEETING'ILEASE-CALL. CITYOFICE CLERK'S.a IF YOU 4 TO, THIS SPECIAL ST AT-(9Q9) AT.1824�6621 LEAST48:11OURS, PRIOR TO.THE ...... fy n "IF YOU DESIRE S _rihE.C-1,TY,'COUNCIL-,DURING;THE'MIEE -LEASE.C,,OMPLETEA:REQUE-ST-,�,�TING;,P "'REStNTIT,,,.TQ'.TIIE!CITY:C�-LERK.'SPEA]KERS:WILL TQ SPEAK F RM--'-AVAIIABLEAT,TBE!.ENTRANCEAND P BE CAL,LED UP 'Tit XAT T-]HYAPPROPRIATE TIME, Call to Order- Invocation-Pastor Roberto Garcia,Terrace Crest Baptist Church Pledge of Allegiance- Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE CITY COUNCIL MEETING 1. Conduct Interviews and Consider Making an Appointment to Fill 1, a Vacancy on the Planning Commission CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 0 1-26-2006 Minutes Approve 2. Award of Contract for the Construction of the San Bernardino 48" Award Water Supply Pipeline(Trautwein Construction) 3. Closed Session-Real Estate Negotiations — Instruction to Negotiator,APN#1167-231-11, 1167-231-08, 1167-231-04, 1167-231-02,and 1167-33 1-01 ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. National Child Passenger Safety Week-February 12-18,2006 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 February 23,2006 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 01-26-2006 Minutes Approve COUNCIL AGENDA 02-23-2006 PAGE 2 OF2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION j 4. PUBLIC COMMENT I 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. 5. REPORTS A. Committee Reports 1. Historical&Cultural Activities Committee a. Minutes of January 9,2006 Accept 2. Emergency Operations Committee a. Minutes of January 3,2006 Accept 3. Crime Prevention Committee a. Appoint Alternate Member(Hurst) Appoint B. Council Reports 6. PUBLIC HEARINGS A. Community Development Block Grant (CDBG) Program Authorize Year 2006-07 7. UNFINISHED BUSINESS A. Fireworks Sub Committee Recommendation Consider 8. NEW BUSINESS A. Cancellation of Council Meeting:March 23,2006 Cancel B. Moratorium or Regulation on Amateur Radio Antenna Consider Structures C. Joint Community Facilities Agreement (JCFA) with Approve Riverside Unified School District, Developer Fee Reimbursement Agreement D. Schedule a Joint City Council/CRA/Planning Commission Schedule Meeting 9. CLOSED SESSION A. Real Estate Update,22874 Arliss ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,MARCH 9, 2006 AT 6:00 P.M. ....................................................................................................................... AGENDA ITEM REQUESTS FOR THE 03-09-2006 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 03-02-2006. CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-JANUARY 26,2006 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 January 26, 2006 at 6:00 p.m. " 1 PRESENT: Maryetta Ferr6, Chairman Bea Cortes,Vice-Chairman Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Jim Miller,Agency Member Tom Schwab, Executive Director Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields, Building &Safety Director Gary Koontz, Community Development Director Colin Burns, City Attorney Lt. Hector Guerra, Sheriff s Department 1 ABSENT: John Harper, City Attorney APPROVAL OF 01-12-2006 MINUTES CRA-2006-03 MOTION BY VICE-CHAIRMAN CORTES, SECOND BY AGENCY MEMBER GARCIA, CARRIED 5-0, to approve the January 12, 2006 Community Redevelopment Agency Minutes. APPROVAL OF JUST COMPENSATION FOR TWO PARCELS WITHIN THE PROPOSED SITE FOR THE TOWNS SQUARE DEVELOPMENT Agency Member Hilkey,clarified that the price of the property on the corner is$520,000.00 and the long lot is $760,000.00. He feels that the prices are fair and expressed his concern with those who agreed to sell in the beginning. Agency Member Miller,stated that Ms. Stringfield is presenting a project as well. He stated that he is not crazy about using eminent domain and feels that it is heading that way. He suggested that Jacobsen come back with a revised project so eminent domain doesn't need to be used or to look at alternate ideas. Prices are fair. City Manager Schwab, indicated that he feels that there is the possibility to do that. He stated that although this is a step in the direction of eminent domain, staff is not asking CRA AGENDA ITEM NO. i Community Redevelopment Agency Minutes January 26,2006 Page 2 Council to approve eminent domain this evening. Staff is asking the agency to allow them to establish a value and negotiate. Craig Freeman, 12135 Michigan Avenue#19 &#20, indicated that he supports the project moving forward. He is one of the people being displaced because of the project,however, the developer came in and negotiated fairly and he recognized the positive aspect of the project and what it will do for the City. He urged the Council to move forward with the project. Byron Matteson, 12373 Michigan Avenue,stated that this is a good project and that Council should move forward with the process. C. Robert Ferguson, 237 W. Fourth Street, Claremont, indicated that he represents Ms. Stringfield and that he is opposed to the item that is before the Council this evening. He indicated that he feels that his client has rights. He stated that the agency has the right to take but also has to afford his client with participation rights without competition from anyone and he feels that the agency has not done this. Charles Hornsby,22656 Brentwood Street,is opposed to eminent domain and feels that the Agency should stay out of the process. He feels as though it should remain between the developer and the property owners. Deanna Adams, 1156 North F. Street, indicated that she is here on behalf of Jo Stringfield and that she is opposed to eminent domain. Tony Petta, 11875 Eton Drive, supports the project. Cynthia BidneM, 12219 Pascal,expressed her concern with the proposed proj ect and the types of stores they are considering. She is opposed to eminent domain and encouraged the Council to keep Grand Terrace a home=town. Jeffrey McConnell,21758 Walnut,supports master planning. He feels that eminent domain should be used as a last resort. Matthew Fleming,22276 Barton Road,encouraged the Council to keep an open mind when they are considering this item. Jolene McGarrah,22145 DeBerry Street,feels that the decisions that the Council make must be carefully thought out and that they should listen and consider all of the concerns of the residents. Javier Vasquez, 1920 Frontiers Rd., Corona, indicated that they are waiting for the Towne Community Redevelopment Agency Minutes January 26,2006 Page 3 Square Project so that they can expand their business, Miguel's Jr. Patricia Farley, 12513 Michigan Street, doesn't want to see Mr. Jacobsen accommodated in the manner he is and is against eminent domain unless it is truly in the best interest of the residents. ` Jane Hunt,2305 2nd Avenue,Muscoy,is against eminent domain and redevelopment and the mis-use of it. Bill Hays, 22114 DeBerry Street, questioned if the library is still included in the Towne Center Proj ect. He questioned the projected revenue of the project and requested to seethe commitment letters from Stater Bros. and Lowes. He also questioned why the stringfield property is valued less than the Dodson property. Gary Tsao, 22489 Barton Road,would like to see Stater Bros. stay in the center where it is because he has seen the effects on centers when the anchor stores leave. Mark Jolstead, 12198 Country Club, indicated that he is opposed to a Lowes being placed in the Towne Square Center project. He,however, does support a new Stater Bros. Barney Karger, 11668 Bernardo Way, not opposed to the Towne Square Project with a Lowes or Stater Bros. He encouraged Ms. Stringfield to sell her property. He is opposed to eminent domain. Rita Schwark, 21952 Grand Terrace Road, is opposed to eminent domain. Gwenn Karger, 11668 Bernardo Way, questioned what benefits redevelopment has had on the City. She expressed her concern with the direction the City is taking with development and zone changes. Don Larkin, 12168 Mt.Vernon Avenue#89,does not support the use of eminent domain and urged the Council to vote no on the item. Anne Wade-Hornsby,22656 Brentwood Street,questioned who will benefit from the prof ect and the use of eminent domain. Agency Member Garcia, requested that the City Attorney respond to the comments of C. Robert Ferguson,who represents Ms. Stringfield. Peter Wallin, Attorney, stated that under the redevelopment law, any owner of property or any business has an opportunity to make a proposal for owner participation. Mr.Furgunson added to that the statement without competition,which is not in the Redevelopment law. A i I Community Redevelopment Agency Minutes January 26,2006 j Page 4 property owner can make a proposal and the Agency Board is obligated to consider that proposal along with any other proposals including other proposals ofother owner participants and figure out what is best to achieve the goals of the Redevelopment Plan. There is not a concern on his part that picking another proposal over Ms. Stringfield would in any way jeopardize your right to take. Agency Member Garcia,feels that the Council is in agreement that eminent domain only be used as a last resort. She questioned what are the other steps that are normally taken. Attorney Wallin, responded that first an appraisal is done then an offer is made to the property owner based upon the appraisal. The property owner has always been given the opportunity to get their own appraisal and submit that and evaluate it. There can be negotiations as well as looking at alternate solutions. i Agency Member Garcia, questioned if an offer has already been made. Cily Manager Schwab, responded that offers have been made by the developer to Ms. Stringfield and to Mr.Yasin. The City has not been involved in any of the negotiations. Mr. Yasin has approached the City and they are negotiating a parcel trade,which will allow him to move his business. This will allow City Staff to sit down with Ms. Stringfield and her attorney and discuss alternatives to what she wants to do. Right now the Agency has not negotiated with Ms. Stringfield. Agency Member Hilkev, thanked Miguel's for their patience throughout this process. He stated that he feels that the Stringfield project is not a stand alone project and that it will require more than one parcel. City Manager Schwab, stated that previously there was a proposal for a stand alone project that was made for Ms. Stringfield `s property that included a restaurant in the front and an office building in the back. The lot is extremely long and narrow and the office building would actually be sitting inside the Stater Bros. so they are somewhat incompatible with those proposals. Part of what will take place with those discussions would be to see if there is a possibility to accommodate some other use that they can do at the same time. Agency Member Hilkev,stated that the essence of the Barton Road Specific Plan was not to allow stand alone projects. City Manager Schwab, responded that a stand alone project without the rest of it is not permissive under the specific. However, if the project was somehow incorporated it is possible that it could be within the Barton Road Specific Plan. Agency Member Hilkev, is hearing concern that if the City proceeds with eminent domain Community Redevelopment Agency Minutes January 26,2006 Page 5 with this house, even though it is zoned commercial,that it is going to make it open season on everybody's house and he would like to make a stop to that. Agency Member Miller, questioned if the library is still a part of the project. City Manager Schwab,responded that it is still apart of the project. Agency Member Miller,questioned when the conceptuals were done because he hasn't seen either one of them. City Manager Schwab,responded that they were about two weeks old. He reminded Council that this isn't a time to talk about the conceptuals they are only being brought to Council to give them a context on how the parcels play into the development. Agency Member Miller, expressed his frustration with not having all of the information when he comes to a Council Meeting. He feels that all information should be provided to the Council prior to meetings. He feels that this development should be between the Developer and the property owner and that the Agency should not be involved. He questioned if this item is before the Agency because the developer and the property owner can't make a deal. City Manager Schwab, responded that the reason that this item is before the Agency is because the Developer has been unable to privately acquire the two parcels. He stated that he insisted that the Developer meet with each and every Council Member to discuss the issues involved with his new proposal as well as how it affected the development. It is his belief that the developer has met with three of the five Council Members. He expected that the developer would share the information with each Council Member the same information that they had discussed with him. Vice-Chairman Cortes, questioned if Ms. Stringfield brought in her own appraisal. City Manager Schwab,responded that staff has not received an appraisal from her. However, during the negotiation process a substitute appraisal or a comparison appraisal would be something that would be appropriate. Vice-Chairman Cortes,feels that the problems that are associated with big box stores should be considered when looking at this item. She stated that it maybe a.good idea to continue this item until The other two Council Members have an opportunity to review the conceptuals before voting on this item. Chairman Ferre, questioned if Stater Bros. is committed to this project. i Community Redevelopment Agency Minutes January 26,2006 Page 6 City Manager Schwab,responded that Stater Bros.has signed a letter of intent to site a store at the location. They are in the process of negotiating the lease terms of the lease between Stater Bros. and the Developer. i Agency Member Garcia, appreciates the comments from the residents. She stated that her ideas for the Towne Square Project is that walking paths be included. She would like to keep the public informed on the project and the changes that may arise. She doesn't want to go down the eminent domain road until there is a proposal that everyone is behind. City Manager Schwab, stated that Jacobson has invested a lot of money and time into this project and this is the first time we have seen someone actually do something. He doesn't j feel that we will find a developer that will come in and develop a proposal for a shopping center on land that they have absolutely no control over. There is a huge risk for a developer involved when proposing this type of project. Agency Member Garcia,suggested that since two Councilmembers did not get to meet with the developer,we continue this to the next meeting and asked if there is anyway possible to have Ms. Stringfield work with the project. Ci , Manager Schwab, stated that City Staff is going to do whatever the Agency Board sets as policy. However,staff is asking to establish the price so that the Redevelopment Agency can make an offer to both property owners to start the process to negotiate. Chairman Ferre, stated that the Agency needs to focus on the item that is on the Agenda not the project. After we know where we stand then the Agency can discuss the project. MOTION BY CHAIRMAN FERRE, to approve the appraisals and determine that the amount of the appraisals constitutes just compensation for the properties to be acquired. Motion died due to the lack of a second. Agency Member Hilkey, stated that he has seen the proposal for a second proposal for the project from Ms. Stringfield. He stated that Ms, Stringfield was offered more than the appraisal. He feels that the Stringfield proposal is a lot like Jacobsons proposal. He feels that having a Lowes would be a mistake and feels that the project is going to change. No Developer will come up with a plan until they know they have control of the land. He feels that there is no need for him to meet with the developer because he feels that the project will change. Vice-Chairman Cortes,stated that when she met with the Developer they did not discuss the stores that would be a part of the project. They discussed the price of property. She stated that residents would be notified of the Agency's plan. She wants to make sure that everyone is informed on the just compensation for the properties. i Community Redevelopment Agency Minutes January 26,2006 Page 7 Agency Member Garcia, she feels that no one wants to make the decision to move forward with eminent domain. She questioned if the Agency can direct staff to negotiate with Ms. Stringfield. Attorney Wallin,stated that the law requires that before staff goes out and starts negotiating that the Agency Board approves j ust compensation. If it is a purely voluntary negotiation you don't have to do that but it is hard to have purely voluntary negotiation when you have the power eminent domain. He stated that there is no power of eminent domain for residentially zoned property. You are only allowed to condemn commercial or industrial property. He would recommend that if Staff is going to go out and negotiate he should only do that after the Board approves just compensation. Agency Member Miller,stated that he did talk to Jacobson and they discussed the appraisals and the other information pertaining to just compensation, however, he did not see the conceptuals and gets frustrated when he doesn't know everything. He questioned if Ms. Stringfield was given the opportunity to get an appraisal. City Manager Schwab,responded that it was not posed to her and so he does not know what her answer would be. If the Agency were'to approve Just Compensation, one of the things she would want to talk about is the appraisal that was done for the Agency and the validity of it. Attorney Wallin,stated that the law requires that before a property is appraised,the property owner is notified and allowed to accompany the appraiser and participate. Ms. Stringfield was notified and refused to participate. Agency Member Miller,indicated that he is not opposed with the Agency trying to negotiate with Ms. Strngfield. He just wanted to make sure that the Developer is at a stalemate and feels that he can not work out any deal whatsoever before the Agency gets involved. City Manager Schwab, stated that the Developer has indicated that he is basically at an impass with both of the property owners. He has an offer that was made to Ms. Stringfield's broker back on October 23,2005 and that there was no response to that offer. The developer is asking for assistance from the Agency to assemble the parcels. The first step for that is to go out and negotiate. Agency Member Miller, stated that he wants to make sure that staff reports back to the Agency and that the residents be reassured that the Agency is not looking at moving forward with the eminent domain process it is only for the discussion of the value of the properties and for staff to be able to negotiate with the property owners. CRA-2006-04.MOTION BY AGENCY MEMBER MILLER,SECOND BY AGENCY MEMBER i I I Community Redevelopment Agency Minutes January 26,2006 Page 8 H LKEY,CARRIED 5-0,to approve the Appraisals and Determine that the Amount of the Appraisals Constitutes Just Compensation for the Properties to be Acquired and for staff to negotiate with the property owners. I, Chairman Ferr6 adj ourned the Community Redevelopment Agency Meeting at 8:00 p.m., until the I next CRA/City Council Meeting scheduled to be held on Thursday, February 9, 2006, at 6:00 p.m. I SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace i CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace i I I it STAFF REPORT CRA ITEM (X) COUNCIL ITEM ( ) MEETING DATE: February 23, 2006 FUNDING REQUIRED: (X) NO FUNDING REQUIRED ( ) SUBJECT: Award of contract for the construction of the San Bernardino 48" Water Supply Pipeline RECOMMENDATION: Award the construction contract to Trautwein Construction. Background: On January 5, 2006, City staff released the bid package for the. construction of a 48" water supply pipeline. The existing pipeline must be relocated in order to proceed with both the new high school planned by the Colton Joint Unified School District ;and the City's proposed commercial Specific Plan immediately north of the high school site. There is an existing-42" pipeline that traverses both. sites. It is owned by the City of Riverside and conflicts with the location and elevations of planned buildings within the school site. On February 2, 2006, the City accepted bid packages. Fourteen bids were received (see attached). The lowest qualified bid was received from Trautwein Construction of Riverside. The bid package was thoroughly reviewed by City staff and the City of Riverside Water Department engineers and deemed complete. References were also checked through local agencies. Trautwein's bid totaled $1,775,661. In addition, proposals were sought from local engineering firms to provide project management, construction survey, and soils compaction testing services. These costs will total approximately $68,150 on a time and materials, not-to-exceed basis. In addition, a $100,000 contingency fund is proposed for a total project cost of$1,902,808. The CRA has entered into an agreement for joint funding of the project with the Colton Joint Unified School District. The CRA will fund approximately 60 percent of the project costs (Colton Joint Unified School District will fund approximately 40 percent) based upon a calculation of the length of pipeline directly affecting the high school and the City's commercial project. Funding for the CRA's portion of the project will come from the proceeds from the sale of CRA properties to the School District as part of the high school project. CRA.AGENDA ITEM NO. G I i f Recommendation: Accept the low bid submitted by Trautwein Construction, authorize the execution of an agreement between the CRA and contractor, and direct staff to issue a Notice To Proceed. i San Bernardino 48" Water Supply Pipeline Bid Summary Company Bid Trautwein Construction $1,775,661 Albert Davies $1,822,500 E.J. Meyer $1,919,999 Genesis Construction $1,925,777 W. A. Rasic Construction $1,929,000 I SJ&B Group $1,942,953 Northstar Plumbing & Engineering $1,969,600 Utah Pacific Construction $1,975,410 CNB Excavating $2,084,760 Highland Engineering $2,099,531 C. P. Construction $2,243,770 Colich & Sons $2,262,975 T. A. Rivard, Inc. $2,605,561 J. A. Salazar Construction $2,728,110 i i r i i I i i I i i I i i I X 1 x w - P 1fi I I � jR C A tl I i� ? ti tA tM ; S. 44 VA V W V A 5 t* 2!_cy A 4-Pk LAL m jp National Child Passenger Safety Week : February 12-18, 2006 ,K) WHEREAS, motor vehicle crashes is the leading cause of accidental death and injury to San (;4� Bernardino County's youngest residents who are children 0-15years of age with 1,520 of these children __=5 having injuries and 14 of those were fatalities in 2003;and tme-s-7 CZ_1Zi4 WHEREAS,in addition to pain and suffering,motor vehicle crashes cost the nation$150 billion each year,including$17 billion in medical cost. Child safety seats,when used correctly,are,71%effective in reducing the risk of death and serious injury thus reducing the County's medical cost, and WHEREAS, motor vehicle safety is a problem for all residents, San Bernardino County Fire Department,has responded to thousands of incidents that could have had-a happier ending if the public <;;--K were better educated and equipped with the proper child restraint seats;and WHEREAS, as children grow, how they sit safely in a car, truck, van or SUY change;for maximum child passenger safety,parents and caregivers simply need to remember and follow the 4 Stepsx' for Kids: 1. Use rear facing infant seats in the hack seat from birth to at least oone year of age and at least 20 pounds; 2. Use forward facing toddler seats in the back seat from age one and 20 pounds to about age four and 40 pounds; 3. Use booster from seats in the back seat about age four to at least age eight-unless the : child is 4'T 4. Use safety belts in the back seat at age eight or older or taller than 49 WHEREAS, the San Bernardino County Fire Department's, Risk Watch Motor Vehicle �111 curriculum is available to schools K-8 to promote an awareness on the proper usage and through partnerships with local law enforcement,Safe Kids International,and other fire departments to enhance public awareness and education of traffic safety in diverse communities in the county through development and utilization of the Traffic Action Safety Taskforce(TAST); NOW, THEREFORE,the City Council of the City-of Grand Terrace, does hereby proclaim the third week in February, 2006 as "Child Passenger Safely Week" in the City of Grand Terrace and>Q=5 encourage all citizens to perform and support child passenger safety practices. This 23'day of February,2006. Mayor Ferri Mayor Pro Tem Cortes Council Member Hilkey Council Member Garcia Council Member Miller Ji 5 t AA t ri ? 1 )t I P N147 X rl�lvr a 11 U W1 f W M A N", E U R J Check Register Dated February 23,-�2006 vchlist Voucher List Page: 1 02/03/2606 11:31:35AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56926 1/20/2006 001662 CSMFO 01202006 P. Springs Conf-L. Ronnow 10-140-270-000-000 375.00 Total : 375.00 56927 1/24/2006 010340 BLUE CROSS OF CALIFORNIA, PERS-CH0018686051 HEALTH INS B CORTES 10-110-142-000-000 817.18 Total : 817.18 56928 1/24/2006 010562 SAINATH, RAMAIYER 10242005 Refund C. Care Credit 10-440-23 71.25 Total : 71.25 56929 1/25/2006 004587 MANAGED HEALTH NETWORK Jan. Jan. MHN 10-120-142-000-000 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 10-460-142-000-000 5.58 21-572-142-000-000 5.57 32-370-142-000-000 2.35 34-400A 42-000-000 18.52 34-800-142-000-000 11.15 Total : 273.60 56930 1/25/2006 005452 PACIFICARE OF CALIFORNIA PACIFICARE JAN. PACIFICARE HEALTH INS Page: 1 COUNCIL AGENDA TWEE;', CEO vchlist Voucher List Page: 2 ---02/03/2006-1'1:37:3"5A1VI CITY-OF GRAND TERRACE- Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56930 1/25/2006 005452 PACIFICARE OF CALIFORNIA (Continued) 10-120-142-000-000 655.94 10-172-142-000-000 152.33 10-175-142-000-000 121.87 10-180-142-000-000 740.42 10-370-142-000-000 587.92 10-380-142-000-000 290.51 10-440-142-000-000 795.57 10-450-142-000-000 243.90 21-572-142-000-000 327.98 32-370-142-000-000 167.98 34-400-142-000-000 1,122.09 10-022-61-00 7,904.95 10-140-142-000-000 1,125.45 10-125-142-000-000 487.80 Total : 14,724.71 56931 1/25/2006 003420 INLAND COUNTIES INSURANCE SVCS Jan. 2006 Jan. Dental &Vision 10-022-63-00 1,124.60 Total : 1,124.60 56932 1/25/2006 006772 STANDARD INSURANCE COMPANY Jan. 2006 JAN. LIFE & DISABILITY INS. 10-120-142-000-000 19.50 10-125-142-000-000 13.00 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 76.75 10-450-142-000-000 6.50 21-572A 42-000-000 5.87 32-370-142-000-000 2.60 34-400-142-000-000 21.44 34-800-142-000-000 13.00 Page: 2 vchlist 1 A., 'wcher List Page: 3 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56932 1/25/2006 006772 STANDARD INSURANCE COMPANY (Continued) Total : 218.50 56933 1/25/2006 006772 STANDARD INSURANCE'COMPANY Jan. 2006 JAN. DISABILITY 10-022-63-00 1,285.41 Total : 1,285.41 56934 1/26/2006 001907 COSTCO#478 04780600461 CHILD CARE SUPPLIES 10-440-228-000-000 36.68 10-440-220-000-000 132.29 Total : 168.97 56935 1/26/2006 001206 ARROWHEAD CREDIT UNION DEC/JAN Dec/Jan Visa 10-022-56-00 1,628.50 23-200-14-00 64.62 10-120-230-000-000 247.36 10-120-268-000-000 22.11, 10-120-270-000-000 22.11 10-125-270-000-000 356.58 10-180-268-000-000 98.96 10-180-272-000-000 1,098.76 10-190-220-000-000 577.89 32-200-210-000-000 17.95 10-440.225-000.000 78.80 10-440-228-000-000 150.47 10-440-246-000-000 60.00 Total : 4,324.11 56936 1/29/2006 005702 PUBLIC EMPLOYEES' RETIREMENT PR end 01 13 OE PERS for P/R End 1/13/06 10-022-62-00 12,752.46 Total : 12,752.46 56937 1/30/2006 005584 PETTY CASH 01272006 Reimburse Petty Cash Page: 3 vchlist Voucher List cage: 4 ----02/03720-06 11:3:36AM CITY OF GRAND TERRACE- Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56937 1/30/2006 005584 PETTY CASH (Continued) 10-140-271-000-000 16.50 10-180-218-000-000 25.83 10-180-245-000-000 49.06 10-180-246-000-000 10.55 10-190-211-000-000 32.00 10-190-220-000-000 16.99 10-190-226-000-000 15.00 10-450-246-000-000 32.20 10-804-220-000-000 14.99 10-808-246-000-000 56.02 34-400-210-000-000 5.33 34-800-218-000-000 6.88 10-110-220-000-000 14.48 10-110-270-000-000 23.70 10-120-270-000-000 14.70 10-140-210-000-000 5.38 Total : 339.61 56938 1/30/2006 007402 (NEOPOST POSTAGE-ON CALL), U.S. P074456587 POSTAGE 10-190-211-000-000 1,000.00 Total : 1,000.00 56939 1/30/2006 010587 SOUTHERN CALIFORNIA EDISON 012506 SCE PROCESSING FEE 47-100-250-001-000 3,500.00 Total : 3,500.00 56940 1/30/2006 010425 GRAND TERRACE MARTIAL ARTS 013006 MARTIAL ARTS 10-430-27 966.00 Total : 966.00 56941 1/31/2006 004589 MARTINEZ, TRACEY 02202006 Birthday Bonus 10-125-110-000-000 50.00 Total : 50.00 56942 1/31/2006 010588 HADAWAY, ADRIENNE 02012006 Birthday Bonus 10-440-110-000-000 50.00 Page: 4 r y" vchlist voucher List 02/03/2006 11:37:35AM Page: 5 CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56942 1/31/2006 010588 HADAWAY, ADRIENNE (Continued) Total : 50.00 56943 2/9/2006 010266 A-Z BUS SALES BW44814 CHILD CARE BUS REPAIR 10-440-272-000-000 632.75 Total : 632.75 56944 2/9/2006 001001 AA EQUIPMENT CO. INC. 097344899 Lawnmower parts 10-450-246-000-000 19.87 Total : 19.87 56945 2/9/2006 001024 ACCENT PRINT& DESIGN 251085 LETTERHEAD 10-125-210-000-000 103.44 Total : 103.44 56946 2/9/2006 001024 ACCENT PRINT& DESIGN 251084 Letterhead 10-120-210-000-000 103.44 Total : 103.44 56947 2/9/2006 001040 ADDINGTON,.MATTHEW 01192006 'STIPENDS 10-801-120-000-000 50.00 Total : 50.00 56948 2/9/2006 007803 ARAMARK 595467241 MAINTENANCE UNIFORMS 10-180-218-000-000 54.99 595467242 MAINTENANCE UNIFORMS 16.900-254-000=000 109.98 Total : 164.97 56949 2/9/2006 010125 BATES, DAWN 01232006 2005 MED REIMBURSE BENEFIT 10-440-139-000-000 406.30 Total : 406.30 56950 2/9/2006 010070 BEARDSLEY, KEVIN 013006 CC Mtg.,Video Camera Operation 10-125-250-000-000 350.00 Total : 350.00 56951 2/9/2006 001391 BERRY, STEVE 01232006 MEDICAL REIMBURSEMENT BENEFIT 10-180-139-000-000 26.50 Page: 5 vchlist Voucher List Page: 6 02103/2006 11:37:35AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56951 2/9/2006 001391 BERRY, STEVE (Continued) Total : 26.50 56952 2/9/2006 010084 BIDNEY, ROBERT 011906 STIPEND 10-801-120-000-000 50.00 Total : 50.00 56963 2/9/2006 010538 BRAUNSTEIN, ELLEN 121605 NEWSPAPER ARTICLES 10-180-255-000-000 300.00 Total : 300.00 56954 2/9/2006 001713 CA. DEPT. OF TRANSPORTATION 173085 SIGNAL AND LIGHT SERVICE 16-510-238-000-000 38.88 Total : 38.88 56955 2/9/2006 010450 CAREER TRACK 28167201 SEMINAR REGISTRATION 10-440-270-000-000 99.00 — Total : 99.00 56956 2/9/2006 010582 CASQA 010906 STORMWATER HANDBOOKS 21-572-210-000-000 386.04 Total : 386.04 56957 2/9/2006 001737 CENTRATION INC. 3800-IN Mandated Costs Fees 10-140-250-001-000 4,525.95 Total : 4,525.95 56958 2/9/2006 001742 CHAGOLLA CONSTRUCTION, ROBERT 399 22874 ARLISS DRIVE 10-190-719-000-000 31,390.07 401 22874 ARLISS DR 10-190-719-000-000 10,026.79 Total : 41,416.86 56959 2/9/2006 001750 CHILDCRAFT EDUCATION CORP. M04228030101( PRESCHOOL SUPPLIES 10-440-228-000-000 118.40 10-440-228-000-000 9.18 Total : 127.58 56960 2/9/2006 001840 COLTON, CITY OF 000558 ANIMAL CONTROL CODE ENFORCEMENT _� Page: 6 vchlist °�,tl��jcher List Page: 7 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56960 2/9/2006 001840 COLTON, CITY OF (Continued) 10-190-256-000-000 3,291.66 Total : 3,291.66 56961 2/9/2006 010086 COMSTOCK, TOM 011906 STIPEND 10-801-120-000-000 50.00 Total : 60.00 56962 2/9/2006 001880 CORONA CLAY 11092 PARK SUPPLIES 10-450-245-000-'000 1,198.72 Total : 1,198.72 56963 2/9/2006 001930 DAILY JOURNAL CORPORATION b907182 PUBLIC NOTICES 10-125-230-000-000 38.25 B913222 PUBLIC HEARING NOTICES 10-125-230-000-000 125.56 B913235 NOTICE-INVITING BIDS 10-125-230-000-000 71.40 Total : 235.21 56964 2/9/2006 001942 DATA TICKET INC. 17368 PARTING CITE PROCESSING 10-140-255-000-000 100.00 Total : 100.00 56965 2/9/2006 001960 ' DELL MARKETING L.P. J59786896 COMPUTER PURCHASE 10-120-701-000-000 106.68 J61970151 COMPUTER PURCHASE 10-380-249-000-000 4,637.57 463172040 COMPUTER PURCHASE 10-380-249-000-000 213.35 J63704866 COMPUTER SUPPLIES 10-120-701-000-000 1,772.18 10-380=249-000-000 74.42 J93323909 COMPUTER MEMORY UPGRADE 10-380-249-000-000 663.72 Total : 7,467.92 Page: 7 vchlist Voucher List Page: 8 -- -02/03/2006-11:37:35�4CITY-OfG- AND_TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56966 2/9/2006 003210 DEPT 32-2500233683 026243/501384f SUPPLIES 10-440-245-000-000 37.92 10-180-245-000-000 14.99 10-440-245-000-000 2.94 10-180-245-000-000 1.16 1014040 SUPPLIES 10-440-245-000-000 23.44 1027938 SUPPLIES 10-180-245-000-000 39.10 2013311 SUPPLIES 10-180-245-000-000 164.14 3027838 SUPPLIES 10-180-245-000-000 32.12 7013626 SUPPLIES 10-180-245-000-000 86.68 8028168 SUPPLIES 10-180-245-000-000 32.75 9255045 SUPPLIES 10-180-245-000-000 45.00 Total : 480.24 56967 2/9/2006 002082 DISCOUNT SCHOOL SUPPLIES D05573200102 PRESCHOOL SUPPLIES 10-440-228-000-000 518.54 23-200-14-00 159.00 Total : 677.54 56968 2/9/2006 010328 EGN CONSTRUCTION 11805R Retention-Corp. yard improv. 21-573-713-000-000 18,642.72 Total : 18,642.72 56969 2/9/2006 002280 EVER READY EMBROIDERY 235 UNIFORMS 10-180-218-000-000 146.55 34-800-218-000-000 10.77 Total : 157.32 56970 2/9/2006 002740 FRUIT GROWERS SUPPLY 32077130 SUPPLIES 10-450-245-000-000 95.65 Page: , 8 vchlist — .�.:cher List Page: 9 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56970 2/9/2006 002740 FRUIT GROWERS SUPPLY (Continued) 32077335 SUPPLIES 10-450-245-000-000 6.55 32077360 SUPPLIES 10-450-245-000-000 2.16 32077361 SUPPLIES 10-450-245-000-000 40.00 32077365 SUPPLIES 10-450-245-000-000 554.80 32077369 SUPPLIES 10-450-245-000-000 8.84 32077627 SUPPLIES 10-450-245-000-000 21.62 386541R3 SUPPLIES 10-450-246-000-000 23.11 Total: 752.73 56971 2/9/2006 002901 G.T. AREA CHAMBER OF COMMERCE 4100 Lunch Jan. Lunch 10-180-270-000-000 8.00 10-110-270-000-000 8.00 Total : 16.00 56972 2/9/2006 010577 GOVPLACE G05Q7968 COMPUTER SOFTWARE 10-380-249-000-000 369.17 Total : 369.17 56973 2/9/2006 003152 HARPER& BURNS LLPN 010606 LEGAL SERVICES 10-160-250-000-000 1,293.75 Total : 1,293.75 56974 2/9/2006 010593 HJELMSTROM &ASSOCIATES 012006 Appraisal Fee-GT Pitstop 23-301-95-00 2,400.00 Total : 2,400.00 56975 2/9/2006 003213 HONEYWELL ACS SERVICE 837356 Furnace repair-Senior Center 10-805-245-000-000 173.75 Page: 9 Vchlist Voucher List Page: 10 ---0210312006-111 37:35AM - - CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56975 2/9/2006 003213 HONEYWELL ACS SERVICE (Continued) Total : 173.75 56976 2/9/2006 003490 INMARK/VICTOR 34781 Name tags/plates 10-125-210-000-000 35.53 10-120-210-000-000 11.49 10-172-210-000-000 11.49 10-804-210-000-000 12.55 Total : 71.06 56977 2/9/2006 003540 INTERNATIONAL INSTITUTE 9471 MEMBERSHIP FEES 10-125-265-000-000 100.00 Total : 100.00 56978 2/9/2006 003747 J & M TROPHIES 37744 ENGRAVING SERVICES 1 0=1 10-220-000-000 8.00 Total : 8.00 56979 2/9/2006 010124 JACKSON, CANDICE 01232006 MEDICAL REIMBURSEMENT BENEFIT 10-440-139-000-000 218.17 Total : 218.17 56980 2/9/2006 003867 K. D. SALES 148582 SUPPLIES 10-450-245-000-000 85.66 Total : 85.66 56981 2/9/2006 004302 LA PASTA ITALIA 12821 Lunch-1/23 Fireworks Committee 10-190-220-000-000 139.84 Total : 139.84 56982 2/9/2006 010367 LOMA LINDA UNIV. HEALTH CARE 012306 Employee physical - 10-190-221-000-000 207.65 Total : 207.65 56983 2/9/2006 010041 NOLTE ASSOCIATES INC. 6030551 ENGINEERING SERVICES 32-600-205-000-000 1,123.44 32-600-208-000-000 1,123.44 Total : 2,246.88 Page: 10 vchlist �� lictucher List Page: 11 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 56984 2/9/2006 010589 OCB REPROGRAPHICS 3930205 Bid Spec. Copies folded/stapled 32-600-205-000-000 371.41 Total : 371.41 56985 2/9/2006 010287 OF ALBA B. ZAMPEZE 1988 TRUST, ALB/020206 NOTE PMT 32-600-209-000-000 11,205.59 Total : 11,205.59 56986 2/9/2006 010560 OF SAN BERNARDINO, REAL ESTATE SE RP048/06 R/W QCQUISITION-BRIDGE 47-100-250-001-000 2,990.00 - Total : 2,990.00 56987 2/9/2006 001456 OFFICE MAX-A BOISE COMPANY 898979 OFFICE SUPPLIES 10-120-210-000-000 27.36 Total : 27.36 56988 2/9/2006 005450 OTIS ELEVATOR COMPANY SAU06425V206 ELEVATOR MAINT 10-180-245-0007000 303.49 Total : 303.49 56989 2/9/2006 005535 PARKVIEW NURSERY 23811 MEDIAN SUPPLIES } 10-180-245-000-000 92.98 Total : '92.98 56990 2/9/2006 005586 PETTY CASH 013106 Petty Cash Reconciliation 10-440-220-000-000 52.70 10-440-223-000-000 123.20 10-440-228-000-000 130.38 Total : 306.28 56991 2/9/2006 005670 PRESS ENTERPRISE 5636975 52 wk Subscription-City Hall 10-120-210-000-000 35.00 Total : 35.00 56992 2/9/2006 010368 REINARZ, LAURA 011306 MEDICAL REIMBURSEMENT 10-180-139-000-000 845.20 Total : 846.20 Page: 11 vchlist Voucher List Page: 12 --02/0112D6V 11:37:35AM - CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 56993 2/9/2006 005673 RENTAL SERVICE CORPORATION 27072221001 RENTAL OF EQUIPMENT AND SUPPLIES 10-180-218-000-000 11.09 Total : 11.09 56994 2/9/2006 010171 REPUBLIC ELECTRIC 2137 SIGNAL MAINTENANCE AND DAMAGE REPAIR 16-510-255-000-000 362.25 2138 TRAFFIC SIGNAL MAINTENANCE 16-510-255-000-000 291.00 Total : 653.25 56995 2/9/2006 010494 REVENUE &COST SPECIALIST, LLC 7836 DEVELOPMENT IMPACT_ STUDY 10-190-250-000-000 6,200.00 Total : 6,200.00 56996 2/9/2006 006310 ROADRUNNER STORAGE 2611 unit 2009 FEB STORAGE-TENANT#109 10-140-241-000-000 89.00 Total : 89.00 56997 2/9/2006 006341 ROSENOW SPEVACEK GROUP INC. 0017426 TRACK TAX INCREMENT, PASS THRU, STMT OF 34-400-251-000-000 240.00 Nov. 2005#2 TRACK TAX INCREMENT, PASS THRU, STMT OF 34-400-251-000-000 644.80 Total : 884.80 56998 2/9/2006 006453 S.B. COUNTY AUDITOR/CONTROLLER 1975 Booking Fees 10-410-259-000-000 1,197.90 Total : 1,197.90 56999 2/9/2006 006557 S.B. COUNTY DEPT. PUBLIC WORKS FC145/06 "NPDES FLOOD CONTROL SERVICE AGREEMENI 12-903-701=000-000 3,305.00 Total : 3,305.00 57000 2/9/2006 006531 S.B. COUNTY SHERIFF 6362 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 Page: 12 vchlist :;,ocher List Page: 13 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57001 2/9/2006 006435 SAN BERNARDINO, CITY OF 1067 'ANIMAL CONTROL SERVICES 10-190-256-000-000 522.50 Total : 622.50 57002 2/9/2006 005529 SBC CALIFORNIA 011406 CHILD CARE DSL SVC 10-440-235-000-000 52.92 Total : 52.92 57003 2/9/2006 010040 SCOTT, MARY J. 010306 Seminar Mileage Reimburse. 10-440-270-000-000 13.35 Total : 13.35 57004 2/9/2006 006730 SO.CA.GAS COMPANY DEC2005 DECEMBER GAS BILL CHARGES 10-190-238-000-000 599.96 10-440-238-000-000' 132.05 10-805-238-000-000 33.94 Total : 765.95 57005 2/9/2006 006721 SOUTHERN CA EDISON JAN2006 January electic svc. 10-190-719-000-000 18.43 10-190-238-000-000 2,599.51 16-510-238-000-000 294.44 10-450-238-000-000 820.64 10-440-238-000-000 606.68 34-400-238-000-000 62.23 10-175-238-000-000 22.63 10-172-238-000-000 28.29 Total : 4,452.86 57006 2/9/2006 006778 STAPLES CREDIT PLAN 49763 Ofc. Supp. Purch-Bldg./Safety Dept. 10-172-210-000-000 27.40 9159162857 OFFICE SUPPLIES 10-180-210-000-000 259.95 9159385205 Ofc. Supplies for EOC 10-808-210-000-000 3.22 9159433544 OFFICE SUPPLIES 10-140-210-000-000 206.30 Page: 13 vchlist Voucher List Page:- 14 _--02/0312006 11.37; 5AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57006 2/9/2006 006778 STAPLES CREDIT PLAN (Continued) Total : 496.87 57007 2/9/2006 006898 SYSCO FOOD SERVICES OF L.A. 601180526 FOOD SUPPLIES-CHILD CARE 10-4.40-220-000-000 41.50 601180527 FOOD SUPPLIES-CHILD CARE 10-440-220-000-000 487.15 601251217 FOOD SUPPLIES-CHILD CARE 10-440-220-000-000 36.27 601251218 FOOD SUPPLIES-CHILD CARE 10-440-220-000-000 431.13 Total : 996.05 57008 2/9/2006 010590 TERRA LOMA REAL ESTATE 010106 Prop. Mngmt. Fees 34-400-04 33.00 Total : 33.00 57009 2/9/2006 010586 THE JAMIESON GROUP 2006.12 CONTRACT SERVICES ECONOMIC DEVELOPMEI 10-370-255-000-000 4,700.00 Total : 4,700.00 57010 2/9/2006 010592 THE SUN 561054195 Ann. subscrip. Historical society 10-804-210-000-000 65.00 Total : 65.00 57011 2/9/2006 010252 TRAFFIC OPERATIONS INC. 6030 CITYWIDE STREET STRIPING 20-200-723-000-000 272.35 Total : 272.35 57012 2/9/2006 010584 WALLIN, KRESS, REISMAN, ET AL. 012006 LEGAL SERVICES 23-301-95-00 3,654.00 Total : 3,654.00 57013 2/9/2006 007843 WEST COAST ARBORISTS INC 40031 TREE SERVICES - - 16-900-260-000-000 2,988.00 Total : 2,988.00 57014 2/9/2006 007920 WILLDAN 0628400 PLAN REVIEW SVCS Page: 14 � 1 vchlist 4VU"'cher List 02/03/2006 11:37:35AM CITY OF GRAND TERRACE Page: 15 Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57014 2/9/2006 007920 WILLDAN (Continued) 10-172-250-000-000 14,301.50 34-400-251-000-000 1,155.00 Total : 15,456.50 57015 2/9/2006 010591 WILLIAMS, SIMONE 012006 Child Care Drop reimburse. 10-440-228-000-000 10.00 Total : 10.00 57016 2/9/2006 007925 WILSON, DOUG 011906 STIPENDS 10-801-120-000-000 50.00 Total : 50.00 57017 2/9/2006 007984 YOSEMITE WATERS 113005 Coffee &Water service 10-190-238-000-000 131.55 10-440-238-000-000 79.98' - 10-805-238-000-000 25.05 34-400-238-000-000 19.10 Total : 255.68 92 Vouchers for bank code: bofa Bank total : 321,441.24 92 Vouchers in this report Total vouchers: 321,441.24 I certify that, to the best of knowledge, the afore-listed checks for payment 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. Larrq nnow, Finance Director-, Page: 15 ---vchlist -- Voucher List Page: 1 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57018 2/6/2006 006315 ROLLINS, RICHARD 013106 Jan. Open/close/clean parks 10-450-245-000-000 1,123.75 Total : 1,123.75 57019 2/6/2006 001907 COSTCO#478 047814001916 C. CARE SUPPLIES 10-440-228-000-000 41.38 10-440-220-000-000 62.75 Total : 104.13 57020 2/6/2006 001860 COLTON JOINT UNIFIED SCHOOL 020606 05 Ann. lease pmt.-Comm Ctr. 10-190-242-000-000 101.00 Total : 101.00 57021 2/7/2006 010546 MPOWER COMMUNICATIONS 387798 Feb. phone service 10-190-235-000-000 1,325.38 10-808-235-000-000 73.29 Total : 1,398.67 57022 2/7/2006 010546 MPOWER COMMUNICATIONS 387767 Feb phone services 10-440-235-000-000 311.89 10-805-235-000-000 33.02 10-450-235-000-000 30.32 - Total : 375.23 57023 2/7/2006 003210 DEPT 32-2500233683 026243/501384E SUPPLIES 10-440-245-000-000 37.92 10-180-245-000-000 14.99 10-440-245-000-000 2.94 10-180-245-000-000 1.16 1014040 SUPPLIES 10-440-245-000-000 23.44 1027938 SUPPLIES 10-180-245-000-000 39.10 2013311 SUPPLIES 10-180-245-000-000 164.14 Page: 1 vchlist 4wacher List Page: 2 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57023 2/7/2006 003210 DEPT 32-2500233683 (Continued) 3027838 SUPPLIES 10-180-245-000-000 32.12 7013626 SUPPLIES 10-180-245-000-000 86.68 8028168 SUPPLIES 10-180-245-000-000 32.75 Total : 436.24 57024 2/7/2006 010164 GREAT-WEST 020706 Jan. def. comp. & loan pmts. 10-022-63-00 8,322.97 10-022-64-00 2,900.74 Total : 11,223.71 57025 2/8/2006 007400 U. S. BANK TRUST N.A. 011906 2006 RDA Refunding TAB 33-300-208-000-000 137,512.73 Total : 137,512.73 57026 2/8/2006 005702 PUBLIC EMPLOYEES' RETIREMENT PR end 1/27/06 PERS-P/R END 1/27/06 10-022-62-00 12,062.76 Total : 12,062.76 57027 2/14/2006 006448 SAN BERNARDINO COUNTY 020906 3/23-24/06 City/County Registration 10-110-270-000-000 387.00 10-120-270-000-000 40.00 Total : 427.00 57028 2/14/2006 001901 COSTCO#478 0478120053130 C. CARE SUPPLIES 10-440-228-000-000 103.05 10-440-220-000-000 106.29 Total : 209.34 57029 2/14/2006 010597 GT SEW&VAC WAREHOUSE 7310 Child care vacuum repair 10-440-246-000-000 210.00 Total : 210.00 57030 2/15/2006 010599 LIGHTHOUSE PROMOTIONS& PLANNI 1003 G.T. DAYS EVENT PLANNING FEES 23-200-12-00 1,000.00 Page: 2 vchlist Voucher List Page: ---02/1-6/2006-12.-1—27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57030 2/15/2006 010599 LIGHTHOUSE PROMOTIONS & PLANNI (Continued) Total : 1,000.00 57031 2/23/2006 001074 A E P 021306 CEQA Wkshop-Richard Garcia 10-370-268-000-000 160.00 Total : 160.00 57032 2/23/2006 001045 ADVANCED OPY SYSTEMS 16612A Refurb. tonner cartridge-childcare 10440-219-000-000 168.11 Total : 168.11 57033 2/23/2006 010376 ARCADIS G & M INC. 0132896 CONSULTING SERVICES 32-600-208-000-000 250.90 01352191 CONSULTING SERVICES 32-600-208-000-000 864.17 Total : 1,116.07 57034 2/23/2006 010293 AVAYA,-INC. 2722981981 MAINTENANCE FOR PHONE SYSTEM &VOICE M, 10-180-246-000-000 183.46 Total : 183.46 57035 2/23/2006 001705 CA. STATE DEPT. OF JUSTICE 555816 EMP BACKGROUND CHECKS 10-190-226-000-000 32.00 Total : 32.00 57036 2/23/2006 010218 CHEVRON &TEXACO CARD SERVICES 7898191957602 Feb. fuel chgs.-City Mngr./Comm Svcs. 16-900-254-000-000 202.31 10-180-272-000-000 700.27 Total : 902.58 57037 2/23/2006 010147 CORTES, BEA FEB2006 February stipends payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57038 2/23/2006 001930 DAILY JOURNAL CORPORATION B910843 PUBLIC HEARRING NOTICES-NEWSPAPER 10-370-230-000-000 86.86 Total : 86.86 Page: 3 ,l vchlist voucher List Page: 4 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor •Invoice Description/Account Amount 57039 2/23/2006 001937 DANKA OFFICE IMAGING COMPANY 704604359 COPIER CHARGES 10-172-246-000-000 24.70 10-175-246-000-000 30.87 34-400-246-000-000 67.91 Total : 123.48 57040 2/23/2006 001960 DELL MARKETING L.P. J58600993 MEMORY UPGRADE 10-380-249-000-000 473.56 10-380-249-000-000 36.71 K20500624 COMPUTER LOAN COMPUTER 10-022-56-00 1,636.63 Total : 2,146.60 57041 2/23/2006 003210 DEPT 32-2500233683 0014102 SUPPLIES 10-450-246-000-000 65.22 0047982 SUPPLIES 10-180=218-000-000 22.61 6340034 SUPPLIES 10-450-245-000-000 100.35 8011283 SUPPLIES 10-180-245-000-000 22.53 9064180 SUPPLIES 10-450-246-000-000 28.90 Total : 239.61 57042 2/23/2006 002082 DISCOUNT SCHOOL SUPPLIES P14399750001 TINY TOT SUPPLIES 10440-221-000-000 100.80 Total : 100:80 57043 2/23/2006 002165 DRUG ALTERNATIVE PROGRAM 6130 ON GOING WEED CONTROL AT CITY PARKS 10-450-245-000-000 500.00 Total : 500.00 57044 2/23/2006 002187 DUNN-EDWARDS CORP. 00180195048 PAINT SUPPLIES 10-180-245-000-000 27.91 Total : 27.91 Page: 4 vchlist Voucher List Page:— 5 -02116120051:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57045 2/23/2006 010537 EXECUTIVE SERVICES 863 Janitorial Supplies-Jan. 10-180-245-000-000 148.05 876 JANITORIAL SERVICES 10-180-255-000-000 1,125.00 Total : 1,273.05 57046 2/23/2006 002301 FEDEX 333683271 Del. chgs.-Bldg/Sfty/City Clerk 10-125-210-000-000 42.48 10-172-210-000-000 21.64 Total : 64.12 57047 2/23/2006 002450 FERRE', MARYETTA FEB2006 February Stipend payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57048 2/23/2006 002727 FREEMAN COMPANY, J R 3192870 Dust buster purch. 10-120-210-000-000 58.95 Total : 58.95 57049 2/23/2006 002740 FRUIT GROWERS SUPPLY 32077803 SUPPLIES 10-450-246-000-000 92.26 Total : 92.26 57050 2/23/2006 002760 G& R REFRIGERATION 37162 Fridge maint. for childcare 10-440-246-000-000 91.31 Total : 91.31 57051 2/23/2006 002901 G.T. AREA CHAMBER OF COMMERCE 4104-DUES 2006 Membership dues-B. Cortes 10-110-220-000-000 25.00 4154-AD BLUE MT OUTLOOK 10-125-213-000-000 620.00 Total : 645.00 57052 2/23/2006 002795 GARCIA, LEE ANN FEB2006 February stipends payment 32-200-120-000-000 150.00 10-110-120-000-000 231.97 Page: 5 ' 't vchlist voucher List Page: 6 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57052 2/23/2006 002795 GARCIA, LEE ANN (Continued) Total : 381.97 57053 2/23/2006 002835 GIBSON DISCOUNT 100576 CLEANING SUPPLIES 10-440-228-000-000 85.11 Total : 85.11 57054 2/23/2006 010181 GOPHER PATROL 013106 GOPHER ERADICATION SERVICE 10-450-245-000-000 465.00 Total : 465.00 57055 2/23/2006 010559 GST 662903 Jan Comp. supp./Netwk eng. svc. 10-140-250-000-000 1,277.20 Total : 1,277.20 57056 2/23/2006 003152 HARPER & BURNS LLPN JAN06 Jan. legal svcs. 10-160-250-000-000 6,763.50 _ Total : 6,763.50 57057 2/23/2006 003200 HILKEY, HERMAN FEB2006 February Stipend payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57058 2/23/2006 003224 HYDRO-SCAPE PRODUCTS INC. 0430251900 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 108.94 0430286600 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 69.68 0430957400 LANDSCAPE/MAINT SUPPLIES 10-180-245-000-000 49.22 Total : 227.84 57059 2/23/2006 003800 JAGUAR COMPUTER SYSTEMS INC 44428 INTERNET WEBSITE HOSTING 10-180-255-000-000 .75.00 Total : 75.00 57060 2/23/2006 003850 JANI-KING LAX01060076 CLEANING SERVICES 34-400-246-000-000 150.00 Page: 6 vchlist Voucher List — _-Page:--7-- 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57060 2/23/2006 003850 JANI-KING (Continued) LAX02060066 BUILDING CLEANING 10-440-244-000-000 815.00 LAX1061842 BUILDING CLEANING 10-440-244-000-000 80.00 Total : 1,045.00 57061 2/23/2006 010520 K&A ENGINEERING 190.195 ENGINEERING SERVICES 10-370-255-000-000 1,933.27 Total : 1,933.27 57062 2/23/2006 003867 K. D. SALES 149379 SUPPLIES 10-180-245-000-000 19.29 Total : 19.29 57063 2/23/2006 004320 LAWNMOWER CENTER 20315 Push mower parts 10-180-246-000-000 214.24 20316 LAWNMOWER REPAIRS 10-180-246-000-000 69.33 6654 LAWNMOWER REPAIRS 10-180-246-000-000 32.31 Total : 315.88 57064 2/23/2006 010557 LEAGUE OF CA CITIES, LATINO CAUCUS FEB2006 2006 Membership dues-B. Cortes 10-110-220-000-000 100.00 Total : 100.00 57065 2/23/2006 010446 MILLER, JIM FEB2006 February Stipend payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 57066 2/23/2006 004670 MIRACLE MILE CAR WASH 414857 CAR WASHES AND OIL CHANGES 10-180-272-000-000 5.00 10-440-272-000-000 67.30 Total : 72.30 Page: 7 vchlist :teacher List Pager 8 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57067 2/23/2006 010097 NEXTEL COMMUNICATIONS 410575025040 Dec phone svc-Comm Svc/Childcare 10-180-240-000-000 310.42 10-440-235-000-000 49.22 Total : 359.64 57068 2/23/2006 010589 OCB REPROGRAPHICS 3948444 Copy Service-Planning Dept. 32-600-205-000-000 232.55 3949301 Copy service-Planning Department 32-600 205-000-000 449.77 Total : 682.32 57069 2/23/2006 001456 OFFICE MAX-A BOISE COMPANY 493995 City Mngr. Ofc. Supplies 10-120-210-000-000 77.69 Total : 77.69 57070 2/23/2006 005535 PARKVIEW NURSERY 23811 Maint. Landscape supplies 10-450-245-000-000 92.98 Total : 92.08 57071 2/23/2006 005586 PETTY CASH 021306 Child Care-Petty Cash 10-440-221-000-000 39.06 10440-223-000-000 89.98 10-440-228-000-000 97.44 Total : 226.48 57072 2/23/2006 010565 QUICK LANE Q44904 Ford F-150 Maint. Service 34-800-272-000-000 42.73 Total : 42.73 57073 '2/23/2006 010208 RATELLE, DAZE&ASSOCIATES 020106 CONSULTING 34-400-251-000-000 1,710.00 Total : 1,710.00 57074 2/23/2006 005673 RENTAL SERVICE CORPORATION 27336507001 Hydraulic equip. rental-Maint. dept. 10A 80-240-000-000 81.90 27443390001 Trencher Rental 10-180-240-000-000 174:57 Page: 8 vchlist Voucher List Page: 9 _ 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa, Voucher Date Vendor Invoice Description/Account Amount 57074 2/23/2006 005673 RENTAL SERVICE CORPORATION (Continued) Total : 256.47 57075 2/23/2006 006453 S.B. COUNTY AUDITOR/CONTROLLER 2027 Feb. City booking fees 10-410-259-000-000 1,118.04 Total : 1,118.04 57076 2/23/2006 006505 S.B. COUNTY FIRE DEPARTMENT 2006-01 Child Care Bus fuel 10-440-272-000-000 77.97 Total : 77.97 57077 2/23/2006 006559 S.B. COUNTY VEHICLE SERVICES GG050640 CNG Fuel-Child Care 10-440-272-000-000 26.41 Total : 26.41 57078 2/23/2006 006601 SCHOOL-AGE NOTES 563481 CHILDREN OF DIVORCE IN SAC 23-200-14-00 15.90 Total : 15.90 57079 2/23/2006 007005 SO CAL LOCKSMITH 109165. Master keys-Maint. Dept. 10-450-245-000-000 19.93 Total : 19.93 57080 2/23/2006 006720 SO.CA:EDISON COMPANY 022306 February electricity charges 10-805-238-000-000 599.25 15-500-601-000-000 22.91 16-510-238-000-000 4;031.98 Total : 4,654.14 57081 2/23/2006 006730 SO.CA.GAS COMPANY 022306 Feb Gas charges 10-190-238-000-000 603.91 10-440-238-000-000 158.43 10-805-238-000-000 52.62 1769986082 CNG Fuel-Jan 2006 10-180-272-000-000 6&04 10-440-272-000-000 22.01 34-800-272-000-000 22.01 Total : 925.02 Page: 9 vchlist Voucher List Page: 10 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher ' Date Vendor Invoice Description/Account Amount 57082 2/23/2006 006778 STAPLES CREDIT PLAN 02665 Ofc. supplies-Comm. Svcs/Code enf.. 34-800-210-000-000 50.62 10-180-210-000-000 64.48 22021 Child.Care ofc. supp. 10-440-210-000-000 61.21 5589181000650 Ofc. supplies-EOC Dept. 10-808-700-000-000 222.76 5589181000650 Ofc. supplies-MIS Dept. 10-380-210-000-000 83.72 9159195088 Desks for Childcare 10-180-210-000-000 430.96 9159385242 Ofc. Supp-Comm. svc. dept. 10-180-210-000-000 28.41 Total : 942.16 57083 2/23/2006 006808 SYSCO FOOD SERVICES OF L.A. 602010630 FOOD SUPPLIES 10-440-220-000-000 517.10 602080500 FOOD SUPPLIES 10-440-220-000-000 517.46 602080501 FOOD SUPPLIES 10-440-220-000-000 36.27 602092177 FOOD SUPPLIES 10-440-220-000-000 21.71 Total : 1,092.54 57084 2/23/2006 010586 THE JAMIESON GROUP 2006.14 PROVIDE PROF."SRVS FY 05/06 10-310-255-000-000 3,450.00 Total : 3,450.00 57085 2/23/2006 010592 THE SUN 010106 Ad-Child Care openings 10-440-230-000-000 196.45 Total : 196.45 57086 2/23/2006 007034 TRANSPORTATION ENGINEERING 562 TRAFFIC MITIGATION STUDY 11-500-255-000-000 6,576.50 Total : 6,576.50 Page: 10 vchlist Voucher List PageL---4_1 --_ 211fi/20-0fi 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57087 2/23/2006 007220 UNDERGROUND SERVICE ALERT 120060292 DIG ALERT MONTHLY SERVICE 16-900-220-000-000 35.20 ' Total : 35.20 57088 2/23%2006 001038 VERIZON WIRELESS-LA 2013302753 Feb svc. for Bldg/Sfty. 34-400-235-000-000 252.00 Total : 252.00 57089 2/23/2006 010421 VILLAGE ENTERPRISES, DARCY MCNAB 0615 Jan Consulting Svcs. 10-180-255-000-000 585.00 Total : 585.00 57090 2/23/2006 007880 WEST GROUP 810642844 LEGISLATIVE UPDATES 10-125-250-000-000 327.70 Total : 327.70 57091 2/23/2006 007854 WESTERN EXTERMINATORS CO 262362 PEST CONTROL 10-180-245-000-000 80.00 10-805-245-000-000 30.50 34-400-246-000-000 35.50 10-440-245-000-000 123.50 Total : 269.50 57092 2/23/2006 010455 WESTERN HIGHWAY PRODUCTS INC 603593 Street signs-Comm. Svcs. 16-900-220-000-000 102.46 603593A SIGNS 16-900-220-000-000 497.16 604292 Reflective Signs-Comm. Svcs. 16-900-220-000-000 107.18 Total : 706.80 57093 2/23/2006 007920 WILLDAN 0628401 Eng. plan check svcs. 10A 72-250-000-000 475.00 Total : 475.00 57094 2/23/2006 007938 WIRZ&COMPANY 44468 GT Days poster printing 23-200-12-00 157.32 Page: 11 1 vchlist (_ �� b'vucher List Page: 12 02/16/2006 12:16:27PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 57094 2/23/2006 007938 WIRZ&COMPANY (Continued) Total : 167.32 57095 2/23/2006 010519 XEROX CAPITAL SERVICES, LLC 015292756 XEROX MACHINE 10-190-700-000-000 351.69 Total : 351.69 57096 2/23/2006 007987 XEROX CORPORATION 015292755 COPIER USAGE 10-190-700-000-000 318.22 Total : 318.22 57097 2/23/2006 007984 'YOSEMITE WATERS 123005 BOTTLED WATER SERVICES 10-190-238-000-006 124.78 10-440-238-000-000 62.73 10-805-238-000-000 17.85 34-400-238-000-000 32.74 Total : 238.10 2/15/2006 007400 U. S. BANK TRUST N.A. FEB2006 LEASE PAYMENTS 33-300-206-000-000 23,201.25 Total : 23,201.25 81 Vouchers for bank code: bofa Bank total : 238,017.54 81 Vouchers in this report Total vouchers: 238,017.54 I certify that, to the best of knowlddge, the afore-listed checks for payment 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. Larry Ronnow, Finance Director Page: 12 Cam. CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING-JANUARY 26, 2006 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 January 26, 2006, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Bea Cortes,Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields, Building& Safety Director Gary Koontz, Community Development Director Colin Burns, City Attorney Lt. Hector Guerra, Sheriffs Department ABSENT: John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Salim Elias,Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Mayor Maryetta Ferre. ITEMS TO DELETE -None SPECIAL PRESENTATIONS A. Home of Distinction Steve Berry,Assistant City Manager announced that Mr.and Mrs.Anwar Shahin are the winners of this quarters Home of Distinction award. Mr. Anwar Shahin introduced his family and thanked the Council for the award. B. Proclamation- Go Red for Women Day-February 3, 2006 Mayor Pro Tem Cortes read a Proclamation proclaiming February 3,2006 as"Wear Red for Woman Day"in the City of Grand Terrace urging all citizens to wear red in A,OEM DA ITEPW MOO' i I Council Minutes January 26,2006 Page 2 I recognition of family, friends and neighbors who have suffered from heart disease, I and as a show of support to fight it. C. Proclamation- Congenital Heart Defect Awareness Day-February 14, 2006 Councilmember Garcia read a Proclamation proclaiming February 14, 2006 as "A Day for Hearts: Congenital Heart Defect Awareness Day" in the City of Grand Terrace urging all citizens to learn more about congenital heart defects and to recognize the dedicated cardiac doctors and researchers who strive to assist those affected by the condition. Mayor Ferre presented Susie and Ernie Ynaz with the proclamation. Susie Ynaz thanked the Council for the proclamation. I D. Proclamation-National Blood Donor Month-January 2006 Councilmember Hilkey read a Proclamation proclaiming January 2006 as"National Blood Donor Month" in the City of Grand Terrace and urge all citizens in good health to donate regularly and all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. CONSENT CALENDAR CC-2006-08 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of items D. and F.: 3A. Approve Check Register Dated January 26, 2006 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 01-12-2006 Minutes 3E. Travel Authorization for the Assistant City Manager to Attend the Incident Commander Hazmat Training Program in Pacific Grove, CA April 18-20, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Agreement Between Lighthouse Promotions and the City of Grand Terrace (Grand Terrace Days) CC-2006-09 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM I I Council Minutes January 26,2006 Page 3 CORTES, CARRIED 5-0, to approve the Agreement Between Lighthouse Promotions and the City of Grand Terrace (Grand Terrace Days) and to add at the discretion of the Committee to item 4."The city shall pay to LP$50 per parade entry as a generated finder fee for approved entries for the GT Days Parade at the discretion of the Committee". 3F. REJECT LIABILITY CLAIM GTLC-05-09 (LJnser) CC-2006-10 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0, to reject Liability Claim GTLC-05-09 (Unser) and authorize the City Clerk to notify the claimant of the action taken. PUBLIC COMMENT Cynthia Bidney, 12219 Pascal Avenue,expressed her concern with hiring outside individuals to do programs. She feels that the organizations within the City can do the events themselves. Charles Hornsby,22656 Brentwood Street,was nice to hear that the Agency is approaching eminent domain with some degree of caution. He feels that the Council needs to be careful with basing decisions on income. Patricia Farley, 12513 Michigan Street,feels that the most important thing in Grand Terrace should be families,private property and homes. She expressed her anger with the negligence with the residential area on Michigan. She feels as if they have not been protected. She expressed her dissatisfaction with the trucking business on Michigan with what they have been allowed to do. Bill Hays, 22114 DeBerry Street, asked the following questions: In fiscal year 04-05 the city had a budget of 3.58 million. In fiscal 05-06 we now have one of 24 million. What caused this 6 fold increase and what is the source of the money. Did the RDA issues tax allocation bonds. Are RDA funds being used for the everyday operations of the City? At the last Council meeting. Mr. Schwab stated the city took an offer of$510,000 on the Arliss St. house. He stated that the rehab on the house cost $250,000. The same construction company build a whole new house for the city last year for$160,000. How do you justify this expenditure. Since this house belongs to the citizens of Grand Terrace we have the right to know the name of the party that the offer was accepted from and not after escrow closes as Mr. Harper has said. The Brown Act states that after a closed session the council must reconvene and divulge with whom they negotiated and for how much. Council Minutes January 26,2006 Page 4 The Market Study and Feasibility study on the new plans for the Outdoor Adventure Center has gone months passed the legal requirements to release it for public scrutiny. Why has this public document not been released to the public? i Three times in December he had the occasion to call the Sheriff after midnight. Three times deputies stated that they were the only one on duty here. Our contract calls for 2 %deputies per 8 hour shift. Is the city not meeting its monthly obligation to the Sheriff s Office? If this is the case the deputy has no back up unless he is in front of my house and places him in danger as well as the citizens of Grand Terrace. Why are we only having one deputy after midnight and have we been cutting back on any other shifts? City Manager Schwab, responded that the 04-05 City Budget was in excess of 10 million dollars and believes that it was closer to 12 million. The FY 05-06,he believes is 24 million dollars and the reason for the increase is capital expenditures. The RDA has not issued any new tax allocation bonds. RDA funds are being used for everyday functions. The house on Arliss is currently in escrow for$510,000.00 and when escrow closes we will make a full report on that transaction. The marketing and feasibility study on the OAC belongs to the Developer. Mr. Hays can request a copy of that document from the Developer. He encouraged Mr. Hays to look at the contract with the Sheriff's Department because it calls for one deputy 24 hours a day seven days a week. In addition to that, we have two 40 hour deputies that are contracted to work during the balance of those shifts in one week. He stated that our contract could definately use some additional reinforcement. The graveyard deputy does not have any back up from the City of Grand Terrace, however, because we are fortunate to contract with the Sheriff's Department we get back up from Loma Linda and the County area. The Jacobson's project is currently undergoing an Environmental Impact Report and when that is complete it will be given to the Planning Commission and the City Council at which time it will be a public document and available for anyone's review. I ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of December 5, 2005 CC-2006-11 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM CORTES,CARRIED 5-0,to accept the December 5,2005 Minutes of the Historical and Cultural Activities Committee. 2. Crime Prevention Committee a. Minutes of November 14, 2005 i CC-2006-12 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR PRO TEM Council Minutes January 26,2006 Page 5 CORTES, CARRIED 5-0, to accept the November 14, 2005 Minutes of the Crime Prevention Committee. COUNCIL REPORTS Councihnember Hilkev,requested clarification on whether or not RDA funds are being used for everyday operations in the City. City Manager Schwab, stated that there are direct allocation of costs to the Redevelopment Agency for personnel and they also have an overhead allocation that is done from the General Fund to the Redevelopment Agency which are used to support the General Fund. Councilmember Hilkev, questioned how an EIR can be done on the Towne Square Project when they don't know who the tenants are going to be. City Manager Schwab,responded that they are doing it based on a projection that there will be a market and big box tenant. Should the mix change then they will have to adjust their EIR. Councilmember Garcia, introduced Brian Phelps who is a member of the Fireworks Committee. She reported that there is a group called Center for Civic Partnerships, California Healthy Cities and Communities and gave their brochure to the City Clerk to share with the Youth Organizations. She reported that the next meeting of the City Council will be a joint meeting with the Colton Joint Unified School District at their office. She encouraged the BMO to highlight the new SSSO, Amber Emon. Councilmember Miller, reported that he attended the grand opening of the new Humane Society of San Bernardino Valley. It is a huge facility that was well done. He reported that graffiti is a problem on Canal and that there is a truck on Commerce Way that is parked by the skating rink that is covered in graffiti. Mayor Pro Tem Cortes, stated that graffiti is a problem and that there was quite a bit on the Robles Carpet sign. She thanked Ms. Bidney for her comments. Mayor Ferre, reported that the Sav-on will be holding their grand opening celebration on April 28,2006 at 7:45 a.m. She also reported that she attended Governor Schwarzenegger's Strategic Growth Plan Briefing. She felt as though it was very interesting and informative. PUBLIC HEARING 6A. Specific Plan No. 05-02(SP-05-02),Vesting Tentative Tract Map No. 05-03(TTM- 05-03/County No. 17766) and Environmental Review Case No. 05-21 (E-05-21)to Council Minutes January 26,2006 Page 6 construct a 35 single family condominium development i Ordinance of the City Council Approving Specific Plan No. 05-02 (SP-05-02)for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side ofMt.Vernon Avenue at 11830 Mt.Vernon Avenue and Environmental Review Case No. 05-21 (E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act Resolution of the City of Grand Terrace Approving Tentative Tract Map No. 05-03 (TTM 17766)for a 35 Single Family Residential Condominium Development in the City of Grand Terrace Mayor Ferr6 opened the Public Hearing for discussion, there being none she closed the Public Hearing. CC-2006-13 MOTION BY COUNCILMEMBER HILKEY, SECOND BY MAYOR PRO TEM CORTES, CARRIED 5-0 to continue Specific Plan No. 05-02(SP-05-02),Vesting Tentative Tract Map No.05-03(TTM-05-03/CountyNo. 17766)and Environmental Review Case No. 05-21 (E-05-21) to construct a 35'single family condominium development and an Ordinance of the City Council Approving Specific Plan No.05- 02 (SP-05-02) for a condominium subdivision with 35 single family detached units on a 3.7 acre site located on the westerly side of Mt. Vernon Avenue at 11830 Mt. Vernon Avenue and Environmental Review Case No. 05-21 (E-05-21) Mitigated Negative Declaration as Provided by the California Environmental Quality Act-and a Resolution of the City of Grand Terrace Approving Tentative Tract Map No.05-03 (TTM 17766)for a 35 Single Family Residential Condominium Development in the City of Grand Terrace to a future Council Meeting and Direct Staff to work with the applicant to address the following concerns: 1. Traffic Study 2. Wood fences -vs-block walls on perimeter 3. Need for more open space and recreation facilities 4. Onstreet parking problems 5. Offsite drainage through the Highlands apartments 6. Need for a lighting plan UNFINISHED BUSINESS -None NEW BUSINESS 8A. Appoint Council Representative to Bi-County Policy Advisory Committee for the Moreno Valley to San Bernardino County Corridor i Council Minutes January 26,2006 Page 7 CC-2006-14 MOTION BY COUNCILMEMBERHILKEY,SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0,to appoint Maryetta Ferr6 to represent the City on the Bi- County Policy Advisory Committee for the Moreno Valley to SanBernardino County Corridor. 8B. Community Development Block Grant (CDBG) Program Year 2005-200Re- Allocation CC-2006-15 MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR FERRE, CARRIED 5-0,to authorize Staff to re-submit an updated Funding List to the County of San Bernardino Department of Economic and Community Development,which will include a request to re-allocate our programmed funds (Petta Park Project - $95,845) and an un-programmed funding (up to $150,000) for a total of up to $245,845. CLOSED SESSION-None Mayor Ferr&adjourned the meeting at 9:50 p.m.,until the next CRA/City Council Meeting which is scheduled to be held on Thursday,February 9, 2006 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace RECEIVED Historical&Cultural Activities Committee FEB 0 `;/ 2006 Minutes for January 9,2006 CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order at 7:05 p.m. by Chairman Pauline Grant. Those present were Pauline,City Clerk Brenda Mesa,Ann Petta,Colleen Edmundson,Frances Carter,Masako Gifford, and Gloria Ybarra. Secretary's Report: The Minutes for December 5, 2005 were read and approved on a motion by Frances, seconded by Ann. Motion carried. Treasurer's Report: The budget shows a balance of$1,036.57. The Petty Cash balance is$292.42. Miscellaneous bills were turned in to Colleen by Ann, Frances and Pauline for the Potluck. Historical Report:Ann turned in flyers concerning property here in Grand Terrace for our historical collection. Of particular interest was property owned by Clayton and Jewel Rogers. The value of the property in the early seventies was $45,000.00. This same property is now for sale for approximately$450,000.00! It was also noted that the Rogers owned three acres of land south of the skating rink in Grand Terrace. This land now houses rows of commercial buildings and is where La Pasta Italia is located. Old Business:Anniversary Potluck-Ann reported that approximately close to 100 people attended the potluck. Last year approximately 110 people attended. All members agreed that the potluck went very well with plenty of food available for our guests. We had enough turkey and ham and enough desserts with some desserts left over, however, not as many desserts left over as before which worked out just fine. There was plenty of water with some water bottles left over, but it is hard to predict how much water will be consumed. The speaker's speeches ended on time. All in all everything went well. Some suggestions for next year's potluck were as follows: 1. Not as many yams or sweet potatoes are needed. 2. The seating arrangement was just right,but an extra table would be beneficial for next year. New Business:Art Show-Ann advised that she has reserved the day before and the day after for the Art Show with City Hall. The art show is scheduled for May 7, 2006. Ann stated she will begin calling people for the Art Show soon. More discussion on the Art Show will be at a later date. The meeting was adjourned at 7:45 p.m. The next meeting will be February 6, 2006. R spectfully Submitted, Gloria Yb Secretary .J CITY OF GRAND TERRACE RECEIVED EMERGENCY OPERATIONS COMMITTEE FEB 0 --, 2006 Regular Meeting TY OF GRAND TERRACE MINUTES CITY CLERK'S DEPARTMENT January 3, 2006 The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Chairperson, Vic Pfennighausen at 6:07 p.m. Agendas were distributed. MEMBERS PRESENT—JoAnn Johnson, Vic Pfennighausen, Dottie Raborn, Debra Hurst, Susan Taylor. MEMBERS ABSENT—Glenn Nichols and Rich Haubert as well as new member Lew Neeb. CITY STAFF—Assistant City Manager, Steve Berry. GUESTS PRESENT/INTRODUCTIONS—Rerae Marticorena and Jim Vert, both prospective new members. CORRESPONDANCE/COMMUNICATIONS —Members Lew Neeb and Glenn Nichols made phone calls indicating they could not make the meeting. APPROVAL OF AGENDA with motion by Debra Hurst and second by Susan Taylor. APPROVAL, OF MINUTES OF DECEMBER 6, 2005 as written except that members Dottie Raborn and Rich Haubert were listed as both present and absent. They were both absent and that fact will be changed before sending minutes to Council. Motion by Debra Hurst and second by Susan Taylor. LIAISON REPORT by Steve Berry a. The rains caused no serious problems with drainage except where Terrace Ave. goes under the railroad tracks near La Cadena Dr. b. Pico, which usually is a problem, was running fine. c. There are some people claiming to be with Emergency Operations and working an Air Lifting ambulance scam. Be aware. d. OACC meeting will be in San Bernardino at the Police Station from 9 to 12. Steve will get the date. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Debra and Susan worked with Vic on December 26'h and January 2"d from 1 to 3. b. Work ranged from becoming familiar with computer and RIMS to cleaning out the storage room. c. Vic would like to work again next week on the Office in a Box and First Aid Boxes. d. All equipment seems to be in working order and trailer is holding up well. e. Some things have been moved back into the storage units and other things will be moved soon. Water pumps and.generators should be moved to storage units soon.. UNFINISHED BUSINESS a. Vic asked about the possibility of having the cross training that was mentioned before. b. Steve will work on getting the maintenance staff to get with Vic. c. CERT training is coming up in February and again in June. Vic will get the particulars. Debra and Susan would like to take the training. Also, prospective new member Jim Vert. NEW BUSINESS a. It was determined that April 19`h would possibly be a good day to go through the activation/exercise of setting up the Emergency Operations. 9 to 12 was the suggested time. b. Vic will see that name tags and other necessary items are prepared. c. Steve will provide the names of those on staff who will take part in the activation/exercise. d. Council will be invited to the activation/exercise. e. A vest will be provided to be used as a pattern for making our own. f. It was determined that after adjourning this meeting Susan will show Steve how to access the RIMS system on the computer and some basic training steps that he can use at any time. g. Vic cautioned that should a Quick report be made to RIMS via computer, a follow-up phone call should be made and also the Southern division should be notified by j phone. TRAINING/SPEAKERS a. Steve will be working on the activation/exercise mentioned above. It should include staff and also Fire and Sheriffs Departments as well as County personnel. b. Video/DVD of Electrical emergencies has been viewed by all. Jim Vert checked it out. ADJOURNMENT at 6:55 p.m. JoAnn J h son, Secretary NEXT MEETING WILL BE TUESDAY, FEBRUARY 7, 2006 AT 6 P.M. COMMITTEE REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: 23 FEBRUARY 2006 COMMISSION/COMMITTEE: CRIME PREVENTION DATE: 10 FEBRUARY 2006 PROBLEM: THE CRIME PREVENTION COMMITTEE HAS TWO ALTERNATE MEMBER VACANCIES WHICH HAVE EXISTED FOR A NUMBER OF MONTHS ALTERNATIVES: CONTINUE WITH THE TWO VACANCIES SOLUTION: ACCEPT THE APPLICATION OF DEBRA HURST AS AN ALTERNATE MEMBER OF THE COMMITTEE. PROPOSED ACTION TO BE TAKEN BY COUNCIL AND OR STAFF WE REQUEST THE COUNCIL ACCEPT DEBRA HURST AS ALTERNATE. MEMBER OF THE CRIME PREVENTION COMMITTEE AND THAT MAYOR MARYETTA FERRE PREPARE A LETTER TO MRS HURST REGARDING THIS ACTION. "� ; L ACEMDA IT'EN] MO.'�J��\ AOOT (.IT o CITY OF GRAND TERRACE eRAMD TERR c APPLICATION FOR CITIZEN SERVICE RECEIVED NOV 15 2005 Complete and submit to the City Clerk's Department CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT Applying as a member of Name Address 12.5 S b 0 Home Phone Business Phone I Occupation Education (List highest year completed and all degrees) Are there any workday evenings you could not meet? ( ) Yes ( No If so, please list I, Why are you interested in this appointment? -I -e ke l What do you consider to be your major qualifications? References I 1. <01 I 0--a V\-A Please attach a written statement containing any additional information you feel would be useful to the City Council. ROND TERR C Community Services Department Staff Report MEETING DATE: February 23, 2006 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM YEAR 2006-07 FUNDING AUTHORIZATION REQUIRED: BACKGROUND: The City of Grand Terrace is under contract with County of San Bernardino Department of Economic and Community Development(ECD) who is responsible for the review and compliance of programs conducted within Grand Terrace. This includes not only the conducting of the grant process, but also the administration of project implementation and compliance. The County has a process which follows the guidelines of HUD in requiring public hearings and input into the grant allocation process for these funds. For Grand Terrace, this includes a public hearing, submittal of recommended projects to ECD who qualifies for the eligible programs, then returns those to the City for prioritization and funding. Additionally, during the grant process, outside agencies may submit projects directly to the County, however, the final determination of the spending of the City allocation is with the purview of the City Council. The City has been notified by the County to expect a total of$54,000 for FY 2006-07, this down from $62,000 in 2005 and$67,000 in 2004. This lowered amount is due to a decreased Congressional appropriation for the CDBG program nationally, coupled with an increased number of entitlement jurisdictions qualifying to share in the national CDBG program. There is a 15% funding limit for public service activities. Accordingly, the maximum CDBG funding total that the City may allocate to priority public service projects is $8,100. This is 15% of the$54,000 allocation available to the City. Attached is a list of eligible CDBG project proposals identifying benefits to the City and a copy of each project proposal. DISCUSSION The County has completed its application process and submitted a listing of eligible projects which have requested funding from the Grand Terrace Allocation. The City Council is now responsible for determining funding and sending the information to the County for adoption. Staff is recommending funding as follows: Public Service Projects: COU'MCEL AGENDA ITEM N0,.' �� i i' 1. San Bernardino County Library, Log No. 32142, continuation of Literacy Education at the Grand Terrace Library Branch. Total request is for$10,000 staff recommends full funding our maximum public services amount of$8,100. Staff has been working with the Department of Community Development and Housing staff to fund the remaining$1,900 using additional Public Service Funds and/or other CDBG funds. Should this funding be approved by the Department of Community Development and Housing, staff recommends funding the total request of$10,000. Capital Improvement Projects: 1. City of Grand Terrace, Log No. 32023, New- Install Audible signal devices at Major Traffic Intersections (Preston and Barton, Canal and Barton, De Berry and Mt Vernon) in Grand Terrace. Estimated project funding cost$15,000. 2. City of Grand Terrace, Log No. 32024, Hearing Assisted Wireless Station for City Council Chambers. Estimated project funding$8,000. I RECOMMENDATION: i That the City Council: 1. Conduct a Public Hearing on the recommended allocation of CDBG Funds for the 2006-07 Program Year: and 2. Authorize Staff to submit the Funding List to the County of San Bernardino Department of Economic and Community Development. FISCAL IMPACT: The action will authorize the expenditure of 2006-07 CDBG Funds and bank the remaining amount in the Un-programmed Funds on account with the County of San Bernardino. ATTACHMENT I 1. Eligible Projects List 2. Applications-Copies of the complete applications submitted by applicants are available for public review in the City Clerk's Office. �i I 2/1/2006 9:36:40 AM San Bernardino County Page 26 ELIGIBLE Proposals Department of Community Development and Housing ELIGIBLE Proposals Grand Terrace 2006-2007 CDBG Proposals by Benefit Area Applicant: Project/ Log Primary Benefit Area/ Activity Eligibility M&O Request/ Community Request Dist Comments No. Description: Benefit Eligibility Commit Percent 32014 Multi-District Gang Reduction Intervention Team N $237,614 Fifth District $10,000 6 Public Service.Would require Continuation of Gang (GRIT) $70,000 Third District $10,000 documentation of at least 5 1% Intervention Program for High Joseph Rodriguez,Director/Gang 29.0% Second District $10,000 low/moderate income Risk Youth-Gang Reduction Counselor Redlands $10,000 households. CDH#300- Intervention Team(GRIT) (909)794-1148 Colton $10,000 28327/2338 CDBG cumulative P.O.Box 2201 Twentynine Palms $5000 allocation$100,201;current Redlands CA 92374 Loma Linda $5 000 a Highland $5,000 allocation$30,275;unspent 24 CFR 201 ( ) Grand Terrace $5 000 balance$22,197 as of 24 CFR 208(a)(2)(i)(B) 11/30/05. Total $70,000 32023 Grand Terrace City of Grand Terrace Y $15,000 Grand Terrace $15,000 3 Eligible-Would benefit New-Install Audible Signal Steve Berry,Assistant City Manager $15,000 Total $15,000 handicapped persons.Davis- Devices at Major Traffic (909)430-2226 100.0% Bacon Wage Rate Intersections in Grand Terrace 22795 Barton Road Requirements may increase Grand Terrace,CA 92313-5207 costs. 24 CFR 201(c) 24 CFR 208(a)(2)(ii) 32024 Grand Terrace City of Grand Terrace Y $8,000 Grand Terrace $8,000 3 Construction eligible.Would New-Hearing Assisted Steve Berry,Assistant City Manager $8,000 Total $8,000 benefit"severely Disabled Wireless Station for City (909)430-2226 100.0% Adults"-Note:Only Council Chambers,Grand 22795 Barton Road permanently installed"station" Terrace Grand Terrace,CA 92313-5207 furniture is eligible.Wireless 24 CFR 201(c) headphones and associated 24 CFR 208(a)(2)(i)(A) electronics is equipment and not eligible(CFR 570.207 (b)(1)(iii)). 32093 Multi-District Neighborhood Housing Services/Inland N $71,500 Highland $8,000 6 Public Service.Would require New-Pre-Homeownership Empire $24,000 Colton $6,000 documentation of only Education in Central and East Vanessa Browne,Research Dev. 33.0% Loma Linda $5,000 low/moderate income Valley Cities-Neighborhood Specialist Grand Terrace $5,000 households served. Housing Services of the Inland (909) 884-6891 Total $24,000 Empire 1390 North"D" Street San Bernardino,CA 92405 24 CFR 201(e) 24 CFR 208(a)(2)(i)(B) Y 2/l/2006 9:36:40 AM --San-Bernardino-County---------- - - --- -- - - -- --- --Page 27 - ELIGIBLE Proposals Department of Community Development and Housing ELIGIBLE Proposals Grand Terrace 2006-2007 CDBG Proposals by Benefit Area Applicant: Project/ Log Primary Benefit Area/ Activity Eligibility M&O Request/ Community Request Dist Comments No. Description: Benefit Eligibility Commit Percent 32098 Multi-District Department of Aging and Adult N $1,193,822 Joshua Tree $10,000 6 Public Service.Proposed to New-Purchase Vans to Services(DAAS) $100,000 Morongo Valley $10,000 purchase new vans at a cost of Deliver Meals to Homebound Aleida Gordon,Nutritionist 8.0% Wonder Valley $10,000 $25,000 per van.Per proposal, Seniors in the East Valley and (909) 891-9150 Yucaipa $10,000 the service provider has Morongo Basin- 686 East Mill Street Twentynine Palms $10,000 assured DAAS that provider DAAS/FamilyService San Bernardino,CA 92415-0640 Redlands $10,000 24 CFR 201 a Loma Linda $10,000 has adequate matching funds Association of West Riverside ( ) to purchase the vehicles. 24 CFR 208(a)(2)(i)(A) Highland $10,000 Grand Terrace $10,000 Colton $10,000 Total $100,000 32124 Grand Terrace J&J Investment Corp. N Grand Terrace $500,000 3 Public Service.Facility for New-Group Home Services Jerry Fite,Project Manager $500,000 Total $5 00,000 program not in place at this for At Risk Youth in Grand (951)237-6620 100.0% time.Eligibility subject to Terrace-J and J Investment 20658 Iris Canyon Road obtaining non-profit status. Corp. Riverside,CA 92508 24 CFR 201(e) 24 CFR 208(a)(2)(i)(A) 32127 Multi-District Olive Branch Counseling Center,Inc. N $72,000 Bloomington $5,000 6 Public Service.Would require New-Expand Anger Ken Olson,Executive Director $30,000 West Fontana $5,000 documentation of services to Management Therapy to High (909)989-9030 41.0% Montclair $5,000 youth from at least 5 1%of Risk Youth Referred by 9033 Baseline Road,Suite A Loma Linda $5,000 low/moderate income Courts,Schools and Probation Rancho Cucamonga,CA 91730 Grand Terrace $5,000 households. Officers-Olive Branch 24 CFR 201(e) Colton $5,000 Counseling Center 24 CFR 208(a)(2)(i)(B) Total $30,000 32132 Multi-District Libreria Del Pueblo,Inc. N $150,000 Fifth District $10,000 6 Public Service.Would require Continuation of Legal Patricio Guillen,Executive Director $60,000 Second District $10,000 documentation of at least 5 1% Immigration Assistance (909) 888-1800 40.0% First District $5,000 low/mod clientele served. Services-Libreria Del Pueblo Carousel Mall,Suite 251 Yucaipa $5,000 Cumulative CDBG alloc San Bernardino,CA 92401 Redlands $5,000 $214,362.38;current CDBG 24 CFR 201(e) Montclair $5,000 funding$5,000;CDBG 24 CFR 208(a)(2)(i)(B) Loma Linda $5,000 balance$5,145.27 as of Highland $5,000 12/31/05 CDH#350- Grand Terrace $5,000 19427/1090 Colton $5,000 Total $60, .2/1/2006 9:36:41 AM San Bernardino County Page 28 ELIGIBLE Proposals Department of Community Development and Housing ELIGIBLE Proposals Grand Terrace 2006-2007 CDBG Proposals by Benefit Area Applicant: Project/ Log Primary Benefit Area/ Activity Eligibility M&O Request/ Community Request Dist Comments No. Description: Benefit Eligibility Commit Percent 32142 Grand Terrace San Bernardino County Library N $16,972 Grand Terrace $10,000 3 Public Service.Limited to Continuation of Literacy Ed Kieczykowski,County Librarian $10,000 Total $10,000 illiterate persons.Cumulative Education at Grand Terrace (909)387-5721 58.0% CDBG allocation$60,001.13; Branch Library 104 West Fourth Street current CDBG funding$9,300; San Bernardino,CA 92415-0035 CDBG balance$7,970.76 as 24 CFR 201(e) of 12/31/05 CDH#106- 24 CFR 208(a)(2)(i)(A) 22327/1532 32150 Multi-District Inland Valleys Justice Center(IVJC) N $41,600 Muscoy $2,000 6 Public Service.Would be New-Expand Consumer, Fernando Meza,Director $10,000 West Fontana $2,000 limited to assisting qualified Landlord/Tenant and (909)397-5780 24.0% Montclair $2,000 low-and moderate-income Employment Dispute 300 S.Park Ave. Ste.745 Grand Terrace $1,500 persons including seniors and Pomona CA 91766 South Montclair $1,000 disabled adults.Would Resolution Services IVJC, � require 201 CFR a Colton $1,000 Pomona 24 ( ) Redlands $500 matching funds in proportion 24 CFR 208(a)(2)(i)(C) to non-County CDBG Total $10,000 residents served. 32181 Multi-District Priceless Etiquette Institute N $113,100 Fifth District $5,650 6 Public Service.Would require New-Youth Educational Felita Price,Director $33,900 West Fontana $5,650 documentation of youth to be Program-Priceless Etiquette (909)953-5487 29.0% Colton $5,650 from at least 51%L/M income Institute,Colton 676 West Valley Boulevard Redlands $5,650 households.Proposed that Colton,CA 92324 Loma Linda $5,650 upper room pentecostal 24 CFR 201(e) Grand Terrace $5,650 Holiness Church be the 24 CFR 208(a)(2)(i)(B) Total $33,900 contractor and that Priceless Etiguette Institute be the subcontractor. 32231 Multi-District 'Steelworkers Oldtimers Foundation N $250,000 Muscoy $30,000 6 Public Service. Services would Continuation of Home Repair Gregory Alvarado,Director $82,000 West Fontana $20,000 be limited to the elderly Services for Senior Citizens- (909)829-0384 32.0% South Montclair $15,000 persons.CDH#301- Steelworkers Oldtimers 8572 Sierra Avenue Grand Terrace $7,000 10116/0462 Foundation,Fontana Fontana,CA 92335 Crestline $5,000 24 CFR 201(e) Montclair $5,000 24 CFR 208(a)(2)(i)(A) Total $82,000 -2i1/20069:36:41 AM San-Bernardino-County--- - Page 29-- - ELIGIBLE Proposals Department of Community Development and Housing ELIGIBLE Proposals Grand Terrace 2006-2007 CDBG Proposals by Benefit Area Applicant: Project/ Log Primary Benefit Area/ Activity Eligibility M&O Request/ Community Request Dist Comments No. Description: Benefit Eligibility Commit Percent 32267 Multi-District Fountain of Life,Inc. Y $160,000 Multi-District $25,000 6 Construction to be New-Youth Employment Roosevelt K.Lett,CED/Founder $60,000 Redlands $5,000 accomplished by at-risk youth 909 473-1966 37.0% Montclair $5,000 Training on Sidewalk and ( ) under the supervision of 2555 Glen Helen P #C Loma Linda $5 000 Driveway Improvements at �'Y license contractor.See project San Bernardino,CA 92407 Highland $5,000 Glen Helen Regional Park- Grand Terrace $5,000 #300-29102/2533 24 CFR 201c Fountain of Life/Regional ( ) Colton $5,000 Parks 24 CFR 208(a)(2)(i)(D) Adelanto $5,000 Total $60,000 32274 Multi-District Capstone Fellowship,Inc. N $73,100 Second District $20,000 6 Public Service.Would be New-Crisis Intervention and Robert Squillace,Administrator $50,000 Fourth District $10,000 limited to low/moderate Information Referral Services- (760)887-2486 68.0% Fifth District $5,000 income persons and abused Capstone Fellowship P.O.Box 610 Montclair $5,000 children. Harbor City,CA 90710 Grand Terrace $5,000 24 CFR 201(e) Colton $5,000 24 CFR 208(a)(2)(i)(C) Total $50,000 Totals for Grand Terrace Count: 14 Amount: $587,150 Proj Tot $1,052,900 STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM() COUNCIL ITEM(X) MEETING DATE: February 23,2006 SUBJECT: Fireworks Sub Committee Recommendation �— FUNDING REQUIRED: YES O NO (X) At the City Council meeting of October 27, 2005 the City Council appointed a sub- committee to study and make recommendations to the City Council regarding fireworks in the City of Grand Terrace. The sub-committee consists of the following 11 people: Chairman Kim Hathaway, Grand Terrace Resident Lou Ann Archbold, Grand Terrace Resident Council Member Lee Ann Garcia Tom Schwab, City Manager Phil Spisak, Crime Prevention Committee Lt. Hector Guerra, Sheriffs Dept Mike Huddleston,Fire Prevention, San Bernardino County Fire Dept Gary Bush,Battalion Chief, San Bernardino County Fire Dept. Rick Poe,VP Sales,TNT Fireworks Cheri Freund, Grand Terrace Little League Lisa Curtis, Grand Terrace Soccer The Committee met three times to discuss the fireworks issue and at the end of the third meeting prepared a recommendation for Council. The minutes from each of those meetings are attached to this staff report. RECOMMENDATIONS: 1. The Committee recommended the City continue to allow the sale of safe and sane fireworks. 11 2. Modify the sale period to July 1st—4th,9am—9pm(presently June 28,12 noon—July 5, 11:59pm)and modify the discharge dates July Is'—4th,9am—11pm(presently June 28, 12 noon—July 5, 11:59pm) 3. Increase fines for use of illegal fireworks to the maximum allowable to either$1,000 or $2,000 depending on the City Attorney's interpretation of the maximum allowable by law. i i i I i I i 4. Enforcement as recommended by the Sheriffs Department and the Fire Department: Sheriff s: during the sales period(currently 4 days)provide 1 Supervisor,1 Detective, 2 Deputies,and 1 Evidence Technician; Fire Department: up the staff to 2 engines(8 personnel) on the 3rd considering the day of the week the 4th falls on. i 5. Maintain the current ordinance that allows only youth sports groups to participate in the sale and continue to limit it to one location. '6. Create a no discharge area in Honey Hills and the bluff area north of Grand Terrace Rd. between Mt. Vernon and Barton Rd. 7. Open parks on the evening of the 4th of July if fireworks are banned in the above described areas. 8. Committee to meet after 4th of July to evaluate statistics on number of calls for service and make any new recommendations to Council if appropriate. 9. Inform residents in all possible media outlets of the new rules and fines. 10. Posters of current notices and fines located at the sales booth. 11. Create an internal tip line for the 4th of July to direct law enforcement and fire to fireworks related calls. t 12. Surcharge of 3% on fireworks sales for partial reimbursement for extra law 1 enforcement. 13.Accept TNT's offer to pay for one day of law enforcement's cost and purchase an ad in the newspaper promoting new rules and fines. 14. Copies of the rules and fines to be handed out at the fireworks stand. 15. Create and man a.fireworks booth at GT Days to promote fireworks safety. i STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL CONSIDER RECOMMENDATIONS MADE BY THE FIREWORKS AD HOC- COMMITTEE AND DIRECT STAFF ON WHAT CHANGES ARE DESIRED BY THE COUNCIL AND THE APPROPRIATE AMENDMENTS TO THE ORDINANACE TO REFLECT THOSE CHANGES. Fireworks Ad Hoc Committee Meeting January 23,2006 Discussion of possible alternatives Lee Ann-Council Member • Keep safe and sane fireworks • Strong enforcement • Strong education • Harsh penalties for the use of illegal fireworks • Internet options-for education and residential questionnaire • Posters on firework stand that the 3%surcharge is going to the City to help youth sports. Lisa Curtis-Soccer • Change the amount of days to sale/use fireworks • Put signs on the firework stand with a tip-line phone number and fine amounts for violations Brian Phelps-Little League • Strong fines-$2000 for 1st offense • Strong enforcement for the first 3 years • Anonymous tip line • Strong education • Signs stating the maximum fine amounts • PSA's on what illegal fireworks can do on channel 3 several weeks prior to the 4th of July • Citizens Patrol-maybe given the power to cite people • Open Pico Park and Richard Rollins Park to allow residents to celebrate there o Currently both parks close at dusk and prohibit the use of fireworks on property. Gary Bush-Battalion Chief, San Bernardino County Fire Dept. • Fireworks Prevention &Response Plan(Handout) for which ever way the City decides to vote • Revision of January 12th-up staff two engines on the 4th (also depends on what day of the week) Phil Spisak-Crime Prevention Committee Chairman • Against fireworks when the City decided to allow the sale/use in GT but agrees that sports are important to our children • We need strong education and very strong law enforcement and penalties • Make 2006 a test year- see how it works and how everyone responds i Lou Ann Archbold-Resident • Doesn't think that Fireworks and Youth Sports should be contingent upon each other • Ban all firework: use and sale including safe and sane • Follow-up meeting after July 4,2006 to discuss the effectiveness of the committee's recommendation and consider putting a questionnaire in the Blue Mountain Newspaper to get input from other Grand Terrace residents • Statistics from law enforcement regarding how many calls, complaints, and citations. Rick Poe-TNT Fireworks • Key to education is initiate good enforcement- "Educate those who abide, enforce those that don't" • Assess a developed plan, set a goal, and see how effective it was • A minimal change should be to change the discharge period-i.e. maybe only on the 3`a and 4`h, anything before that is a violation • Change sales period to July lst—0 • Hours of discharge end@ 11pm, sales@ 9pm • Sales issues-if the sales are too restricted: people will go to another city or buy-illegal fireworks • Tougher fine is important-support$2,000. State law maximum is $1,000 • Colton has $2000 fine for violators-scares more than catches • Presence is important • Restitution to the City • Education: o Advertise: Point of sales-firework stand, PSA's,warning signs in water bills, ad in local newspaper o An informative assembly@ local schools with Sheriff and Fire dept.-varying to different age levels • Add a 2Y2%- 3%surcharge to cover a vast majority of the cost of an extra 5 officers, 8 hour shift(est. $2,200 a day) • TNT will pay for one 8 hr. shift(est. $2,200), ad in the newspaper, and point of sale copies to pass out@ firework stand Lt. Hector Guerra-Sheriff s Dept. • Maybe allow Citizens Patrol to hand the firework tip-line Kim Hathaway-Chairperson and Resident • Never thought GT should sell fireworks in the first place,never saw illegal fireworks in GT until safe and sane was allowed, and doesn't like what the fireworks do to our pets • Only let Little League/Soccer sell fireworks • Agrees with Lt. Guerra recommendation for 5 officers/8 hour shift for 5 days. Ban the use of all fireworks on: o Grand Terrace Road and Vista Grande Way(between Mt. Vernon Ave. and Barton Rd.)North of Grand Terrace Rd. o Honey Hill-East of Barton including Glendora, Palm, and Westwood • Minimum fine of$1,500 and/or jail time- supports $2,000 fine • Zero tolerance program • Discharge day of July 4`h only, sales period July 1"-4 h • Getting info out to GT residents Recommendation to Council 1. Selling dates: July I"-4 h 9am- 9pm 2. Discharge dates: July 1"-4 h 9am- I 1pm 3. Fines: $2,000 toughest possible including restitution to the City Revise current ordinance 4. Enforcement as recommended by Sheriff and Fire Dept. 5. Maintain the current ordinance to allow youth groups 6. No fireworks of any kind in the areas of 1.) Grand Terrace Rd. and Vista Grande Way(between Mt. Vernon and Barton Rd.) 2.) Honey Hill area Colored map of these areas 7. Open parks on the evening of the 4 h (if banning fireworks in the above areas) 8. Committee meets in August or September to evaluate statistics provided by law enforcement(Sheriff, Fire Dept., and Code Enforcement) showing the number of calls, complaints, and citations. Possibly a questionnaire in Blue Mtn. Outlook and on website. 9. Inform the residents with notices, newspaper ads, PSA's, flyers in water bills,posters, Sav-On reader board, and on City website. 10. Posters on the firework stand with current ordinance and fines 11. Internal tip-phone line 12. Surcharge of 3% on fireworks to go to the city for enforcement 13. TNT will pay for one day of extra enforcement, ad in newspaper, and point of sale copies to pass out at the firework stand (educational material) 14. Fireworks booth at Grand Terrace Days to help inform about firework safety. Maybe a superhero mascot to go with the Hero Theme of GT Days. ; I I• i Firework Ad Hoc Committee Meeting i January 12,2006 Fireworks Industry Presentation Rick Poe-TNT Fireworks i Statewide • Fireworks are shipped out as hazardous waste. It costs $647 a pound. • Map of Fireworks in America(provided in packet)- Green states allow fireworks in some form. Two of the red states on the map (Georgia and Arizona) are now green. ' 1 • 45 out of 50 states are pro firework. • Half allow full C fireworks. • 14 states sell fireworks for two seasons-New Years and 0,of July. • High Industry standards. Company voluntarily banned 1 type of firework and injuries related to safe n sane went away. California • Safety&Education Program in conjunction with the Fire Marshall. • PSA's shown through out the state. • Started"Private Eyes" • Zero tolerance program in Sacramento. Youth Sports Perspective Lisa Curtis-Soccer • 735 players ages 4-18 • 30-35 players are allowed to play without paying because they don't turn children away. • Charge$70 a player- also offer family discounts • Soccer made just over$10,000 in profit from the sell of fireworks. • League pays: o Light bill $3,000 o Coach's Clinic $600- coach's pay for LiveScan themselves. o Insurance for children on the field$10,000 o Uniforms $1,400 o $5 per player for field to the city-$3,675 last year o Field equipment$800 o Referees $600 • Soccer is just making the budget. Brian Phelps-Little League • 500 players ages 5-18 • Charge$55 a player-also offer family discounts • Other cities charge about$100 a player • Little League received the other half of firework profits-a little over$10,000 Page 1 of 4 • Revenue$11,000-Expenses $16,000 • Budget is in the hole$5,000 • Little League pays: o $20,500 registration o $31,000 snack bar o $10,000 sponsorships-only get a certain percentage o $37,000 winter ball registration o $7,621 field expenses o $7,900 Umps • Little League would be down$15,000 without firework sell profits. • All the work is voluntary-only referees are paid because they couldn't get any volunteers. • There is no recreation/parks department anymore. • Little League went to local business for donations the week before the start of the World Series and received no money. Tom stated that programs such as Gymnastics, Karate, Swim, and Halloween Hunt are back on a voluntary basis. The charge of$5 a player to the city is for the prep and maintenance of the field. Rick Poe added that it is a 60/40 split with expense paid. It costs $5,000 just to set up the firework stand on the Stater Bros property-paid by TNT. Grand Terrace made over$20,000 in profit. Youth sport sells the fireworks and then pays the firework bill. Also pays sales tax and 1%goes to the City. Law Enforcement Budget Issue Lt. Hector Guerra Enforcement options-flexible on the time limits, • During the sales period(currently 7 days)recommendation of • 1 Supervisor • 1 Detective • 2 Deputies • 1 Evidence Tech • Per Day-$2,200 8 hour shift(possibly 6pm-2am) • Strictly to provide enforcement for fireworks • Fireworks are not thrown in the trash or packed in an envelope. • Required to follow department and state procedures (OSHA) • Fireworks are explosives, must be collected as evidence and disposed of accordingly. Page 2 of 4 • In the field,may be a site release but in large quantities it's a felony and are taken to jail. People won't be happy and that is why there is a recommendation for a Supervisor to handle these types of situations. • May be additional court time down the road. • May be restitution but is determined by the courts. • Most effective way of educating people is by strict enforcement and action (fines, penalties, etc.) I Fire Department Presentation Gary Bush-Battalion Chief • Fire Dept. up staffs 2 engines (8 personnel) on July 3ra but it also depends what day the 4t'falls on of the week. • Costs $250 to contract the 2 extra engines. In there operating budget-not the city. • Two purposes: 1. Proactive patrol j • Threats-wood shake roofs and hillsides • Improper disposal • Burned people 2. Working fires • Draw in resources • Control • Presence for another fire Mike Huddleston-Fire Prevention and Investigation Supervisor The official position of the department is they support either way the city decides to vote. Personal opinion safe and sane don't cause fires,misuse does. If you ban safe and sane, it will not get rid of the illegal fireworks. Banning them will increase the use of illegal fireworks. Good people use safe and sane, borderline people use illegal fireworks. • The sell of safe and sane is an excellent money making program for non- profit organizations and it goes back into the community. • In charge of four cities and 3 out of 4 allow safe and sane. There is no difference. • Past Ordinance-$1,000 fines. • Approach the witness,write up a citation, and seize evidence. If it is a grocery bag size amount, it is a felony • 39 extra officers on 4 h of July. Always 2 per car. • Even with an extra 39 officers,they can't get out of Fontana. • Even if they had more personnel and money, it still wouldn't be enough to control it. • Rick and his associates do more year round than everyone else put together. • Education is the key. Page 3 of 4 Other Lou Ann Archbold-Resident • Proposed questionnaire for the Blue Mountain Newspaper for residents to respond to. • Researched online for Soccer/Little League fundraisers and found 41,905 results for Little League and 19,962 for soccer. • Suggests a we-tip phone line to report firework violators. o No shoot zone like in San Bernardino -. . Allow them to sell fireworks whenever but ban the use of them in Grand Terrace. Next meeting: January 239 2006 12 noon-2pm. Page 4 of 4 i I Firework Ad Hoc Committee November 28th 2005 i 1998 - Grand Terrace started the legal sell of fireworks. Prior to 1998 - Colton Terrace Little League in Colton. Committee was assembled to make a recommendation to the City Council on the issue of fireworks in Grand Terrace. Chairperson elected Kim Hathaway Current Ordinance Sellini limitations are based on how the ordinance was written. It sets fourth when(June 28th_ July 5 11:59pm) and who (youth sports-Soccer and Little League) can sell fireworks. Lt. Guerra-Para. 1 Sect. 1 "July 5th 11:59pm" Suggestion to change to July 4 h 10:00pm Also consider shortening sale period. Tom-check if the City of Colton will shorten the length of selling days. Lisa-if Grand Terrace isn't selling and Colton is,people will just drive down the hill and bring them up here. That just takes money away from our kids. Also consider changing the amount of discharge days the people can shot off fireworks. Rick-the ordinance is just a template of the current state law J Lee Ann-in 1998 was against fireworks because of safety,pets, and Blue Mountain. Realized what a difference the firework sales made to Little League and Soccer and that's why she wanted to be part of the.committee. Positive Aspects Tom-Revenue and the freedom to do fireworks legally Lee Ann-positive to youth groups Lisa- Youth sports make $12000 profit from the sell of fireworks from the one booth. Without firework sales, sports couldn't make it without a drastic increase in participation fees. Now it's $75 per person for uniforms,trophies, etc. Besides fundraisers, firework sales are all the kids have. They already lost the Parks &Recreation due to funding. This is what the City has given us. i Lou Ann- Ordinance Sect. 8 Safety concerns about why it is stated that brush and combustible material must be cleared a certain distance from the booth is fireworks are safe and there is no danger. i Tom stated that some cities allow stands in vacant lots so clearing is needed. In Grand Terrace only one stand is permitted and it's on asphalt. Native Aspects Pets &Fires Kim-has had four fires at/near her house (three caused by legal fireworks) 1-2 days prior to the 0' over the years. Two years ago,there,were 12 fire engines fighting a fire on the bluff. Her neighbor was shooting up illegal fireworks. She called the sheriff and fire department and there was no answer. When CDF was around them would sit on her street on the 0 �i because of the potential. Last year no patrol drove by. Used to go to Big Bear on the 4 ' but now they stay home. Doesn't like fireworks because of the fire hazard but doesn't want to take away from the kids or cause families to be unable to afford to participate in sports. Realizes law enforcement are busy on the 4 h taking care of other calls but that adds.to the problem-not enough law enforcement. Lou Ann- emailed all council members. Lee Ann responded and passed on to fire dept. While replacing her shake shingle roof, found a bottle rocket that had been set off. Lives behind The Terrace Assisted Living Wants a ban on all fireworks. • Safe and sane are not safe-they're fire and explosives • Too many complaints and not enough officers Grand Terrace is a hazardous area-dry brush and windy • Disturbing to our pets Suggestions • We Tip phone line • Increase fine amounts • City could provide a free and safe firework show o Fontana- $1000 fine, 538 calls-92 citations-3 from safe and sane fireworks o San Bernardino- charges a 10% surcharge on all fireworks that goes to law enforcement o Colton- $2000 fine o Grand Terrace- since 1998 there has been an increase of illegal fireworks Fireworks are too much of a risk. Find another way to raise money for sports. Lisa-not that easy. When they were trying to send the Girls softball team to the Little League World Series,they went to all the businesses in Grand Terrace and could not get one donation. That won't take away from the problem. Illegal fireworks are the problem. Lt. Guerra- illegal fireworks have progressively been getting worst over the years and Grand Terrace is no exception. • Illegal fireworks are coming from out of town • Task Force(early June) seizing tons of illegal fireworks • San Bernardino has 300+ officers • Grand Terrace contracts 8 officers i I w Very limited law enforcement j • Last year 25 calls on illegal fireworks • Officers were flagged down 3x the amount of call • Officers drive around-inform-ask for corporation • Didn't issue any citations-criminal offense-explosives. Take the evidence and can't just throw it in the trunk and keep patrolling. 2-3 hour turn around on an arrest. Kim- suggests a holding area in Grand Terrace on the 0. rLou.Ann-increase the citation fines and give that money to youth sports Tom- Only a small amount of the citation revenue comes back to the city and even if the city were to write a check to youth sports, it doesn't stop the illegal fireworks. Lee Ann—not just property value,value of education. After a recommendation is made there is still the issue of law enforcement and youth sports. Captain Birchfield • The fire dept has limited resources-2 engines on the streets • By the time they get there people stop doing fireworks. Safe and sane and illegal both cause fires and are dangerous. • The key is educating the public • Need jurisdictional education-people don't know if it's Colton or Grand Terrace Rick Poe • Dozens of cities-Fontana,La Puente, Chino,& San Bernardino developed a template j used by other cities, a strategy to make safe and sane work. • Non-profit organizations were not a factor. • Illegal fireworks are the problem,not safe and sane. Fireworks sold now are safer than what was sold 10-15 years ago. • Can't catch everyone but you can scare them. • Hasn't heard that law enforcement hasn't been told to bring down the hammer whichever way the decision is made. • Reports of illegal fireworks and"war zones"are the same if not more in cities that don't allow fireworks. A straw vote was taken Shall we ban fireworks in Grand Terrace? Yes-4 No-3 Abstain—2 Phil-this should be something positive. Turn the 4th into a Grand Terrace Community day-a way to raise money for the youth sports. I Lt. Guerra-ban all fireworks from a law enforcement point of view. It's easier to tell people that they can't do fireworks at all then tell them that these ones are ok and these ones are not allowed. • 1 officer cost about$3000 for one shift Next meeting: Thursday,January 12�h 2006 @ 10am— 12 noon • Industry Prospective • Youth Sports-the impact on their budget • Fire Dept. from the last two years • Lt. Guerra-budget costs c1TY . o STAFF REPORT ORH"°TERZ ` City Manager's Office CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: February 23, 2006 SUBJECT: CANCELLATION OF COUNCIL MEETING: MARCH 23,2006 FUNDING REQUIRED (X) NO FUNDING REQUIRED () The annual City/County Conference will be held in Lake Arrowhead on March 23 &24,2006. Currently three Council Members and the City Manager have confirmed their attendance. Staff is requesting that Council determine who will be in attendance at the City/County Conference and if appropriate Cancel the meeting on March 23,2006. STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL DISCUSS CANCELLATION OF THE MARCH 23, 2006 MEETING. COUNCPL AGENDA ITEIRfq NO.. BA i County of San Bernardino Administrative Office City Managers Association 385 North Arrowhead Avenue, 5th Floor 8353 Sierra Avenue j San Bernardino, CA 92415-0120 Fontana, CA 92335 909-387-9046 909-350-7600 2006 CITY/COUNTY CONFERENCE DATE: January 12, 2006 TO: Mayors, Councilmembers, and City Managers Members, Board of Supervisors, ACAs, DAOs, and Department Heads SUBJECT: CITY/COUNTY CONFERENCE - MARCH 23-24, 2006 The cities and the County of San Bernardino have selected March 23-24, 2006 for the annual conference at the Lake Arrowhead Resort in Lake Arrowhead. The conference will convene at, 1:00 p.m. on Thursday afternoon, and adjourn at 11:00 a.m. on Friday. An agenda will follow shortly. The conference will include comments by the Chairman of the Board of Supervisors, County Administrative Officer, and the President of the League of California Cities. Panel discussions on Thursday include Building Healthy Communities; and media relations. Friday will include breakfast with the county supervisors, and a legislative panel facilitated by Jim Brulte. I Please fill out and return the attached registration form to Debbie Alban by February 10, 2006 (hard copy, fax, or e-mail is acceptable: dalbanc@-cao.sbcounty.gov or fax to 909-387-5430). We hope to see you on March 23-24. Your attendance will help make the conference a huge success! i If you have questions, please contact Debbie Alban at 909-387-9046. NOTE: If bringing a spouse, attendee need only pay for cost of meals as there is no additional cost incurred for the room. STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM O COUNCIL ITEM (X) MEETING DATE: February 23,2006 SUBJECT: MORATORIUM OR REGULATION ON 'AMATEUR RADIO ANTENNA STRUCTURES FUNDING REQUIRED: YES () NO (X) Council was agendized to hear a resident's appeal of a Planning Commission decision to deny an amateur radio antenna structure on January 12,however,the resident withdrew his appeal and will submit a revised project taking into account the comments that were made at the Planning Commission meeting. Two petitions have been submitted to the City asking for either a moratorium on, or an ordinance regulating,amateur radio antenna structures and copies of those are attached. There are two cities that have regulations of this type regarding antennas and excerpts from their municipal codes are also attached. RECOMMENDATION: STAFF RECOMMENDS COUNCIL CONSIDER THE OPTIONS AVAILABLE TO THE CITY FOR REGULATION OF AMATEUR RADIO ANTENNA STRUCTURES AND GIVE STAFF DIRECTION ON HOW TO PROCEED. i r. I The following is a petition to be presented to the City Council of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council consider a presenting a resolution to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio-operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city of county." i Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. Na Address �J Print ! Signature Name Address Print �C—r —I" - c a 01 Signature Name Addre7w4PIAJ I e Maws Z Z a int _Ira.m der qce Clq. 9Z313 Sig a e Name Address V^I 22- 'e0 keKfC.'eI�( Pr' `�Z R�C i JA N r, -- 2006 UI— The following is a petition to be presented to the City Council of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council consider a presenting a resolution to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city of county." Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. ff-'� Name rw / � Address V1104 du 40r2s CAJE rLE GAOILID / tcE L� Prin L, u,2 a u zs r C12a�vs C�a,�D MUACC C Signature 9 rfZ-3r 3 Name Mk-V Address 9", (s'�S� 1 cw Print _ Signature `�vS Mr- 4- I Na �a Address Jorge ru �r(ecn Print 6" Sign ur C Name PA �'1d K'' Address Z'L-�7-b LOA& P n �erYC(% (A-- qZ3) Sighature I The following is a petition to be presented to the City Council.of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council consider a presenting a resolution to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city of county." Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. Name Address 1 Print IM G"'cam C� C a3 Sig atur _ Name Address CV',)K'o-N cam. Y\e"V�l e d - j� Print � �C1c� C�q Signature Name Address 11/],))ate 7-2g 12IL U) Print09 3l3 o Signature Name Address i Print Signature a1 The following is a petition to be presented to the City Council of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council consider a.presenting a resolution to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county." Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. Name Address 12 P16i Print Sign e Name r,, Address Li'tipA Print i ature Name Address Print Signature Name Address Print Signature � 4 The following is a petition to be presented to the City Council of Grand Terrace, as.follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council consider a presenting a resolution 1 to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: I "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city of county." Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. Nam Address klo Print , Signature . Namp Address os s� G 7r i Print Sigrfafure i Nam v� � Address La S Print D&A Signs ure Name Address Print Signature The following is a petition to be presented to the City Council of Grand Terrace, as follows: We, the undersigned, as citizens and concerned.property owners in the City of Grand Terrace, request that the City Council consider a presenting a resolution to the California State Legislature amending AB 1228, as signed on July 14, 2003 —Zoning ordinances: radio antennas, added as Section 65850.3 to the Government Code, relating to zoning, to include the following provision: "A city or county ordinance based on health, safety or aesthetic considerations that regulated the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city of county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city of county." Reference: State of Oregon: 221.295 Ordinances regulating placement or height of radio antennas. Name Address Print Signature Name Address Print Signature Name Address Print Signature Name Address Print Signature 1 The following is a petition to be presented to the City of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council immediately adopt a resolution placing a moratorium on all current/pending and future applications for the building and installation of those accessory structures on residential property that may be associated with the placement of towers and amateur radio antennas exceeding 20 feet. -- Additionally, we are requesting that a moratorium be placed on issuing conditional-use permits for those amateur radio antennas that may exceed 20 feet when fully extended. We are requesting serious consideration of these moratoriums in response to the application currently pending before the Planning and Development Commission. Name Address _ -J,t3�S 0 Ho2C,4 Print ' a Signat ,I Name Address L-4 ly PrI t _ Si ature • I Name Address Print Signature 1 Name Address Print RECMD IJAN 0 4 2006 CITY OF GRAND TERRACE (� �q C 1., 1V� �F CPf �� 1 CITY CLERK'S DEPARTMENT r �� y�� O'��e� Y� � The following is a petition to be presented to the City of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners,in the City of Grand Terrace, request that the City Council immediately adopt a resolution placing a moratorium on all current/pending and future applications for the building and installation of those accessory structures on residential property that may be associated with the placement of towers and amateur radio antennas exceeding 20 feet. Additionally, we are requesting that a moratorium be placed on issuing conditional-use permits for those amateur radio antennas that may exceed 20 feet when fully extended. We are requesting serious consideration of these moratoriums in response to the application currently pending before the Planning and Development Commission. Name Address a99o5__ 5 , Pri 6U;6_A� Sig ature Narrje Address Z 2;z7 4 s Pri n.,Au dAa Signature Name Address (rFNr ,92rI64_114-c« Print Signature Name Address Print Signature i The following is a petition to be presented to the City of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council immediately adopt a resolution placing a moratorium on all current/pending and future applications for the building and installation of those accessory structures on residential property that may be associated with the placement of towers and amateur radio antennas exceeding 20 feet. Additionally, we are requesting that a moratorium be placed on issuing conditional-use permits for those amateur radio antennas that may exceed 20 feet when fully extended. i We are requesting serious consideration of these moratoriums in response to the application currently pending before the Planning and Development Commission. Name--�i1,P,,Yr1 "3 Address �+ L11'AQ V V o-*-J 2Z57_5 Print CLQr�A G�_a rx'CA o c(Z2✓(3 Signature NanjR Address AJI;P (S 22gLO13 Pi dace c P . 92- 3 Si a re i i Name Address Signature NT e Address Pint , Signature i d The following is a petition to be presented to the City of Grand Terrace, as follows: We, the undersigned, as citizens and concerned property owners in the City of Grand Terrace, request that the City Council immediately adopt a resolution placing a moratorium on all currenttpending and future applications for the building and installation of those accessory structures on residential property that may be associated with the placement of towers and amateur radio antennas exceeding 20 feet. Additionally, we are requesting that a moratorium be placed on issuing conditional-use permits for those amateur radio antennas that may exceed 20 feet when fully extended. We are requesting serious consideration of these moratoriums in response to the application currently pending before the Planning and Development Commission. Name L Address MOZ4-I'� Print I [�a3 3 Sig r atu& Name Address Print Signature Name Address Print Signature Name Address Print Signature t CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 7 of 41 Sec. 13-138. Reserved. , ANTENNAS ARTICLE 2. ANTENNAS Sec. 13-139. Purpose. The purpose of this article is to identify the regulations and permit requirements for antennas . (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-140. Applicability. The regulations of this article shall apply to satellite dish, amateur radio and communication antennas . These antennas are permitted as either accessory uses or conditional uses and are subject to the development standards contained in this article. (a) Exemption. Antennas meeting all of the following criteria are.exempt from the regulations of this article: (1) The antenna and associated support structure are supported primarily by attachment to a building. (2) The antenna , including associated support structure, does not weigh more than eighty (80)pounds. (3) The antenna , excluding associated support structure, does not exceed four and four-tenths (4.4) square feet in effective wind load area. (4) Attachment of the antenna and associated support structure to a building does not require modification or reinforcement of load bearing elements of the building in order to support the antenna and associated support structure at wind speeds up to seventy(70)miles per hour. (5) The environmental radio frequency radiation generated by the antenna does not exceed ANSI/IEEE standards, except as categorically excluded by the Federal Communications Commission. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-141. Permit requirements. Table 13-141 indicates whether a proposed antenna is a permitted accessory use or whether a minor conditional use permit is required,pursuant to section 13-144, Minor conditional use permit requirements. Building permits shall be required prior to installation of any antenna 1 unless the antenna is exempt from this article. TABLE 13-141 ANTENNA REVIEW REQUIREMENTS TABLE INSET: i RESIDENTIAL NONRESIDENTIAL ANTENNA TYPE ONE ZONE i i i Satellite Dish Antenna,Receiving P 1,3 P 1 Satellite Dish Antenna,Transmitting MC 2 MC 2 i ! Amateur Radio Antenna P 1 P 1 I I Communication Antenna,Receiving P 1 P 1 http://library l O.municode.com/gateway.dll/1/99/108?f=templates$fn=document-frame.htm... 1/19/2006 z CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 8 of 41 Communication Antenna,Transmitting P 1 EXCEPTIONS Antennas that meet the following criteria may be processed as a development review: a.Roof-top location; b.Screened from off-site properties by an existing parapet,mechanical screen,or similar structure; .Complies with Section 13-111,DEVELOPMENT STANDARDS,with the exception of the maximum height standard;and J.Antenna is permitted in the zone. 1 Subject to compliance with the development standards in section 13-142,Development standards; proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit. 2 Subject to compliance with the development standards in section 13-142, Development standards. 3 For the purposes of this table, the symbols shall have the following meaning: P=Permitted; MC=Minor Conditional Use Permit; —Prohibited. (Ord.No. 97-11, § 2, 5-5-97; Ord. No. 02-4, § lk, 3-18-02) Sec. 13-142. Development standards. Table 13-142 identifies the-development standards for antennas . Proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit pursuant to section 13-144,Minor conditionaruse permit requirements. TABLE 13-142. ANTENNA DEVELOPMENT STANDARDS TABLE INSET: SATELLITE DISH AMATEURRAD10 COMMUNICATION STANDARDS Maximum Height(measured from the property's grade to he highest point of the antenna) Residential Zone or Nonresidential Zone Adjacent to a Residential 15 feet 75 feet 30 feet Zone: Not to exceed allowable building height Other Nonresidential Zone: Same as above. Same as above. Front Yard Location Permitted N0 Side and Rear Setbacks (setbacks apply to antenna upport structure and to http://librarylO.municode.com/gateway.dll/1/99/108?f—templates$f l=document-frame.htm... 1/19/2006 CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 9 of 41 arrays and projections attached thereto,unless otherwise noted) i Side:Comply with setbacks for accessory structures,with a minimum setback of 5 feet. Rear:Ground-mounted antenna support structures may be located in a required rear yard if located as far Residential Zone: forward as possible from the rear property line,Minimum of 5 feet for arrays and projections attached to the antenna support structure. Side and Rear:Comply with setbacks for main structures,with a minimum setback of 5 feet. Exception:Side and/or Rear,when adjacent to a Residential Zone:Minimum of 5 feet from the residential j Nonresidential Zone: property line.Additionally,the antenna support structure shall be located as far as possible from the j residential property line. Shall be located on the portion of the roof farthest from any adjacent street,residential zone(if applicable), Roof-mounted Location bluff,and/or park,whichever location will result in the least visual impact. Maximum Number One One antenna support structure in Exception:Legally subdivided xcess of 30 feet. residential units in small lot subdivision Residential Zone or One whip antenna in excess of 30 Nonresidential Zone adjacent projects,projects,and units in Planned Unit One antenna support Development projects with individual Note:There is no limit on the number structure. o a Residential Zone: lots,shall each be allowed one satellite dish antenna unless otherwise f antennas which do not exceed 30 prohibited, feet in height. Other Nonresidential Zone: No regulation. No regulation. No regulation, i Maximum Diameter Any dish-shaped element attached to an antenna:2 feet Exception:Any dish-shaped element in excess of 2 feet in diameter Residential Zone or that is attached to an antenna shall require approval of a minor Nonresidential Zone adjacent 10 feet conditional use permit and comply with the satellite dish antenna o a Residential Zone: development standards regarding maximum height(applicable to dish element only)diameter,screening and materials,as applicable. i Dish-shaped elements in excess of 2 feet in diameter shall comply ith the satellite dish antenna development standards regarding � Other Nonresidential Zone: No regulation. P maximum height(applicable to dish element only)and materials. r Screening Required Screening,either partial or total,may be Ground-mounted:No regulation. Ground-mounted:No required by the planning division when Roof-mounted: regulation. he antenna is visible from off-site.The Antennas less than 30 feet in height: Residential Zone or Roof-mounted:Screening may Greening may consist of a solid, No regulation. Nonresidential Zone adjacen be required if necessary to opaque fence,wall,vegetation, Antennas 30 feet or more in height: lessen visual impacts,under o a Residential Zone: landscaping and/or any other material Screening may be required in P he direction of the planning deemed acceptable by the planning Nonresidential Zones if necessary to lessen visual impacts on the adjacentivision. i ivision. P Residential Zone(s),under the ihttD:HlibrarvlO.municode.com/>rateway.dll/1/99/108?f=temnlatesSfn=document-frame.btm___ 1/19/2006 CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 10 of 41 irection of the planning division. Other Nonresidential Zone: No regulation. Same as above. II antennas visible from off-site shall be finished in a color deemed unobtrusive to the neighborhood in which Color it is located,under the direction of the planning division. Signs No sign of any kind shall be posted or displayed on any antenna. No transmitting antenna or facility,except as categorically excluded by the Federal Communication Radiofrequency Commission,shall exceed the radiofrequency(RF)radiation and maximum permissible exposure(MPE)limits or electrical and magnetic field strength and power density established by the National Council on Radiation (RF)Radiation Protection and Measurements(NCRP)and the 1992 ANSI/IEEE for an"uncontrolled environment".It shall be he responsibility of the applicant to provide evidence of compliance with applicable standards. II electrical and antenna wiring shall be encased in tubing or other devices acceptable to the planning Wiring division and/or concealed to the maximum extent feasible to minimize visual impact. When the antenna exceeds 6 feet in height above grade,the dish-shaped Materials element shall be of a mesh construction.Not applicable. Ground-mounted antennas shall not reduce the area required for parking,internal circulation or other development standards in this Zoning Code. Other Requirements All antennas shall be permanently mounted,and no antenna may be installed on a portable or movable structure. (Ord.No. 97-11, § 2, 5-5-97; Ord.No. 98-5, § 23, 3-2-98) antennas Sec. 13-143. Nonconforming antennas . (a) Satellite dish antennas. Any satellite dish antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal non-conforming, and may be maintained, enlarged, expanded or changed in accordance with the provisions of this article. (b) Amateur radio antennas. (1) Any amateur radio antenna that was inexistence as of September 7, 1989,may continue as a nonconforming development and need not comply with the development standards contained in section 13-142, Development standards,provided that a record of its size, location, height and any other information deemed necessary by the development services director is on file with the planning division. In order to secure any right under this section, the amateur radio antenna owner must have established this record by May 7, 1990. The amateur radio antenna owner is responsible for providing the necessary information to the city for inclusion in the record of nonconforming amateur radio antennas . (2) Replacement of an amateur radio antenna support structure shall be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna , including the array, may be replaced without issuance of a new building permit,provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit or record on file with the planning division. (3) Nonconforming amateur radio antennas which have been registered with the city as of May 7, 1990, may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in http://library l O.municode.com/gateway.dll/1/99/108?f=templates$fn=document-frame.htm... 1/19/2006 CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 11 of 41 this article, or with the NCRP and the 1992 ANSUIEEE regulations regarding environmental radiofrequency radiation, except as categorically excluded by the Federal Communications Commission. (4) Nonconforming amateur radio antennas which have not been registered with the city as of May 7, 1990, may be enlarged, expanded, changed in use, increased in power, or relocated provided that the enlargement, expansion, change in use, or increase in power, is in compliance with the NCRP and the 1992 ANSPIEEE regulations regarding environmental radiofrequency radiation, except as categorically excluded by the Federal Communications Commission and the antenna complies with applicable provisions of this article. (c) Communication antennas. (1) Any communication antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal and may be maintained, enlarged, expanded or changed in accordance with the provisions of subsection(2). (2) A nonconforming communication antenna with valid building permits may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in this article, and provided the antenna complies with the NCRP and the 1992 ANSI/IEEE regulations regarding environmental radiofrequency radiation. A nonconforming communication antenna with valid building permits may be changed in use and/or power, and/or converted to a transmitting antenna provided that ANSI/IEEE regulations regarding environmental radiofrequency radiation are complied with in addition to compliance with applicable requirements of this article, including Table 13-141, Antenna Review Requirements. (Ord. No. 97-11, § 2, 5-5-97: Ord. No. 98-5, §§ 24, 25, 3-2-98) Sec. 13-144. Minor conditional use permit requirements. All requests for installation of antennas not satisfying the criteria identified in section 13-142, Development standards, may be approved by minor conditional use permit consistent with the requirements of this section and Chapter III, Planning Applications. (a) Requirements. An application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in Chapter III,Planning Applications, with the following exceptions: (1) The application fee shall not be applicable for amateur radio antennas . (2) Applications for a minor conditional use permit where the proposed antenna(s)will not conform with applicable development standards shall include statements of the reasons why strict conformance with the development standards specified will: a. Unreasonably limit, or prevent,reception or transmission of signals; b. Result in excessive expense in light of the cost of purchase, installation and operation of the antenna (s). (3) When a proposed FCC-regulated transmitting facility will expose the public or workers to levels that exceed ANSI/IEEE RF radiation standards, the FCC-required environmental evaluation must be submitted with the minor conditional use permit application. (b) Findings. In addition to the findings specified in section 13-29(g)(2), Conditional use permit and minor conditional use permit findings, the following findings shall be made: (1) Strict conformance with the development standards specified will unreasonably limit, or prevent,reception or transmission of signals, or result in excessive expense in light of the cost of purchase, installation and operation of the antenna (s): j (2) The deviation from applicable development standards represents the minimum adjustment necessary to prevent unreasonable limitations on the reception or transmission of signals. j (c) Conditions. In approving a minor conditional use permit, the final review authority may impose reasonable conditions necessary to minimize the impact of the installation or operation of the antenna (s) on the public or other properties or improvements within the immediate vicinity http://libraryl 0.municode.com/gateway.dll/1/99/108?f=templates$fa=document-frame.htm... 1/19/2006 CHAPTER IX. SPECIAL LAND USE REGULATIONS Page 12 of 41 of the antenna (s), consistent with this article. (Ord.No. 97-11, § 2, 5-5-97) Sec. 13-145. Compatibility of regulations. Notwithstanding the regulations contained in this article, the provisions of this code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to satellite, amateur radio or communication antennas . A franchisee under the provisions of Title 19 pertaining to cable television franchises shall comply with the regulations in this article. (Ord.No. 97-11, § 2, 5-5-97) ARTICLE 3. CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL Sec. 13-146. Purpose. The purpose of this article is to establish the processing procedures and development standards for the concurrent sale of alcoholic beverages and motor vehicle fuel. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-147. Conditional use permit required; exception. It shall be unlawful to sell any alcoholic beverage on the same building site where motor vehicle fuel is sold unless the concurrent sale of alcoholic beverages and motor vehicle fuel is specifically allowed by a conditional use permit issued for the site. This requirement shall not apply where the dispensing and sale of motor vehicle fuel is separated by at least three hundred (300) feet from the building where alcoholic beverages are sold. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-148. Procedure. A conditional use permit for concurrent sales of alcoholic beverages and motor vehicle fuels shall be granted or denied by the planning commission pursuant to the procedures set forth in Chapter III,Planning Applications. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-149. Conditions, discretionary. A conditional use permit may be granted if the requirements of Chapter III, Planning Applications, are satisfied, and may be made subject to conditions as the final review authority may deem desirable to protect the public health, safety, or general welfare. The conditions may include,but shall not be limited to, the following: (a) Compliance with applicable development standards and other applicable ordinance requirements. (b) Specification of the hours when the business may be in operation. (c) Any other conditions generally applicable to conditional use permits for automobile service stations. (d) Any conditions needed to mitigate potential adverse environmental effects of the use. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-150. Conditions, mandatory. The following conditions shall be imposed on all conditional use permits granted pursuant to this article: (a) As of January 1, 1988, no alcoholic beverage shall be displayed within five(5) feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988. http://library l0.municode.com/gateway.dll/1/99/108?f=templates$fn=document-frame.htm... 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 1 of 9 CHAPTER 9.30. ANTENNA STANDARDS i Sec. 9.30.005. Purpose. The purpose of the regulatory provisions set forth in this chapter is to establish development standards for the installation and maintenance of radio and television antennas and wireless telecommunications antenna facilities within specified land use zones of the city. These standards are 1 intended to ensure that the design and location of those antennas and facilities are consistent with ! previously adopted policies of the city to guide the orderly development of the Mission Viejo Planned Community, to prom ote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to protect property values and enhance the aesthetic appearance of the city by maintaining architectural and structural integrity and by protecting views from obtrusive and unsightly accessory uses and facilities. In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to further the objectives specified above without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable signal quality or may unreasonably delay, prev ent, or increase the cost of installation, maintenance, or use of such antennas.. (Ord. No. 98-193, §§ 1-4, 10-19-98) Sec. 9.30.010. Definitions. (a) As used in this chapter, the following terms and phrases have the meanings set forth - below: (1) Amateur radio station antenna. Any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued or recognized by the FCC. (2) Antenna, antenna array, or wireless telecommunications antenna array. One or more rods, poles, panels, discs, or similar devices used for the transmission or reception j of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (disc), but excluding any.support structure as defined below. (3) Co-location. The use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology. (4) FCC. The Federal Communications Commission. (5) Mast. A support structure that is designed and constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality. (6) Satellite earth station antenna. A parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving radio or television broadcast signals. i i i I Ihttp://library2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 2 of 9 (7) Support structure or wireless telecommunications antenna array support structure. A freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a monopole, a mast, a self- supporting lattice tower, a guy-wire support tower, or other similar structures. (8) Wireless telecommunications antenna facility or wireless communications antenna facility. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures. (9) Wireless telecommunications services or wireless communications services. Any personal wireless services .as defined in the federal Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future. (Ord. No. 98-193, §§ 1--4, 10-19-98) Sec. 9.30.015. Regulation of satellite earth station antennas. (a) Permitted accessory uses. Satellite earth station antennas described below in this paragraph (a) may be installed as permitted accessory uses without obtaining a planned development permit and without obtaining a building permit, provided that they comply with all applicable development standard's set forth in paragraph (b), as well as all applicable building codes, electrical codes, and fire codes: �- (1) An antenna located in any zoning district that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter (39") or less in diameter and that is either building-mounted or, if elevated by a mast, does not extend above the roofline. (2) An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (78") or less in diameter and is either building- mounted or, if elevated by a mast; does not extend above the roofline. (3) An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter (39") or less in diameter or diagonal measurement and which is either building-mounted or, if elevated by a mast, does not extend above the roofline. (4) An antenna located in any zoning district that is designed solely to receive television broadcast signals, which antenna, whether building-mounted or ground- mounted, does not extend above the roofline. (b) Development standards. (1) The following development standards apply in all zoning districts to the siting, construction, and operation of satellite earth station antennas referenced above in paragraph (a), and to all satellite earth station antennas that are subject to the planned development permit review process and to the issuance of a building permit: a. Only one satellite earth station antenna is allowed on any lot or parcel. http://hbrary2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 3 of 9 b. The height of a ground-mounted satellite 'earth station antenna may not extend above the roofline. c. No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility. d. Satellite earth station antennas, whether ground-mounted or building- mounted, including any guy-wires, masts, and accessory equipment, must be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified by the director of community development if th a antenna's reception is impaired. e. Satellite earth station antennas must be finished in a nonmetallic finish or painted in a color that is compatible with the surrounding environment. f. Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials. g. All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the Electrical Code for grounding masts and lightning arrestors. h. All satellite earth station antennas must be located away from utility lines by a 12-foot vertical distance and a six-foot horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards. I i. To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground. j. If footings are required for the installation of a satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or-civil engineer. k. All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of at least 20 pounds. I. No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the city engineer as provided for in this code. m. All satellite earth station antennas must be properly maintained. (2) In addition to the development standards set forth above in subsection (1), the following development standards apply in all residential zones to the siting, construction, and operation of satellite earth station antennas: a. No satellite earth station antenna may be mounted on the roof of a building. b. The height of a ground-mounted satellite earth station antenna may not extend above the roofline. C. The diameter of a satellite earth station antenna that is subject to the i planned development permit procedure may not exceed ten feet. i i �ttp:Hlibrary2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 4 of 9 d. A satellite earth station antenna that is ground-mounted must be located in the side yard or rear yard and at least five feet from any property line. (3) In addition to the development standards set forth above in subsection (1), the following development standards apply in all nonresidential zones to the siting, construction, and operation of satellite earth station antennas: a. All ground-mounted satellite earth station antennas must be located at least five feet from any property line. b. No ground-mounted satellite earth station antenna may be located in the area between the front property line and the.main building or structure. c. If roof-mounted, a satellite earth station antenna must not extend more than six feet above the roofline, and must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development. d. The height of a ground-mounted satellite earth station antenna may not extend above the roofline. (c) Planned development permit required. (1) If a proposed satellite earth station antenna will exceed the applicable height limitations referenced above in subsections (1) through (4) of paragraph (a), or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the one or two meter limitation specified in subsections (1) through (3) of paragraph (a), then an application for a planned development permit must be submitted in accordance with chapter 9.47 (Planned Development Permits), and, if the application is app roved, a building permit must be obtained if required by the city's building code. (2) The city council expressly finds and determines that these regulatory requirements relating to a planned development permit are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted acces sory uses and that do not meet the criteria for exemption from local regulation established by the FCC under the Telecommunications Act of 1996. (3) In addition to the requirements set forth in chapter 9.47, the application for a planned development permit must include the following: a. Construction drawings that show the proposed method of installation, screening, and the manufacturer's specifications. b. A plot plan showing the proposed location of the satellite earth station antenna. c. Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the Building Code. (Ord. No. 98-193, §§ 1-4, 10-19-98) Sec. 9.30.020. Regulation of amateur radio station antennas. (a) Permitted accessory uses. Amateur radio station antennas, located in any zoning district used solely for the purpose of transmitting and receiving radio signals in connection with the http://Iibrary2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 � ' CHAPTER 9.30. ANTENNA STANDARDS Page 5 of 9 operation of an amateur radio station and described below in this paragraph (a) may be installed as permitted accessory uses without obtaining a planned development permit, without following the procedure for architectural and design review found in chapter 9.43, and without obtaining a building permit provided that they comply with the following deve lopment standards: (1) An antenna that is one meter (39 inches) or less in diameter and that is building mounted or, if elevated by a mast, does not extend above the roofline. (2) _ An antenna consisting of only a wire one-fourth inch or less in diameter. If building mounted, the wire shall not extend above the roofline. (3) A single vertical pole or whip antenna not exceeding 42 feet in height as measured from surrounding grade. (b) Planned development permit review process. The proposed installation of an amateur radio station antenna in any zoning district must be preceded by an application for a planned development permit in accordance with chapter 9.47 (Planned Development Permits), and, if the application is approved, a building permit must be obtained if required by the city's building code. (c) Application for planned development permit. In addition to the requirements set forth in chapter 9.47, the application for a planned development permit must include the following: (1) Construction drawings that show the proposed method of installation, screening, and the manufacturer's specifications. (2) A plot plan showing the proposed location and dimensions of the amateur radio station antenna. (3). Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the Building Code. { (4) Copies of all licenses issued or recognized'by the FCC to engage in amateur radio service operations. (d) Factors considered in the planned development permit review process. (1) In conducting the planned development permit review process for a proposed amateur radio station antenna, the reviewing authority must consider the following factors: a. The proposed height ,of the amateur radio station antenna, and the applicant's representations as to the technological necessity of that height to engage in amateur radio service operations of the nature contemplated. b. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures. c. The nature of existing uses on adjacent and nearby properties. d. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna. e. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones. (2) In making any determination during the planned development permit review process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines: ' a. The imposition of conditions or restrictions relating to the placement, http://Iibrary2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 6 of 9 screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection (1), and the reasonable accommodation required under subpa ragraph b. below. b. The planned development permit review process must be conducted so as to (1) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (2) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives. (e) Processing exemption for small antennas. As an exception to the provisions of subsection (b), an amateur radio station antenna, located in any residential zoning district used solely for the purpose of transmitting and receiving radio .signals in connection with the operation of an amateur radio station, having a vertical height not exceeding 42 feet as measured from the ground, having booms not exceeding six feet in length, having all booms within six feet of each other, and having elements not exceeding four feet in length may be processed folio wing the architectural and design review procedure found in chapter 9.43. The procedure for architectural and design review relating to this subsection shall be followed whether or not the antenna requires a building permit. Further, approval of the antenna shall be based upon those findings set forth in the architectural and design review provisions in addition to those factors considered in subsection (d). The architectural and design review process must be conducted so as to (1) reasonably accommodate th a paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, 'particularly with respect to emergency communications; and (2) impose the minimum practical restrictions,' limitations, and conditions in order to achieve the city's legitimate regulatory objectives. (f) Prohibition of antennas in required yards. No amateur radio station antenna may be located in the required front, side, or rear yard setback areas. (Ord. No. 98-193, §§ 1-4, 10-19-98) Sec. 9.30.025. Regulation of wireless telecommunications antenna.facilities. (a) Applicability of regulations. The regulatory provisions of the Development Code are applicable to the siting of wireless telecommunications antenna facilities on all land, buildings and right-of-way located within all zoning districts. The siting and construction of wireless telecommunications antenna facilities in all zoning districts is subject to the planned development permit review process and to approval by the director of community development or, upon referral by the director, by the planning commission. (b) Application For planned development permit. In addition to the requirements set forth in chapter 9.47 (Planned Development Permits), the application for a planned development permit must include the following: (1) A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy-wires, above and below ground wiring and connection cables, ,existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility. (2) A_location map showing existing wireless telecommunications antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city http://library2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 7 of 9 jthat may be required for future area coverage. (3) Detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMF's) from the proposed wireless telecommunications facility will be within the limits approved by the FCC. (4) A preliminary environmental review, with special emphasis placed upon the nature and extent of visual impacts. (5) Evidence of any required licenses and approvals to provide wireless telecommunications services in the city. { (c) Factors considered in the planned development permit review process. The director of community development, or, upon referral, the planning commission, must consider the following factors in determining whether to approve a planned development permit for a wireless telecommunications antenna facility: (1) Height of the proposed facility. (2) Proximity of the proposed facility to residential structures and to boundaries of residentially zoned districts. (3) The nature of existing uses on adjacent and nearby properties. (4) Surrounding topography. (5) Surrounding tree coverage and foliage. (6) Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co- located on an existing building or an existing support structure. (7) Proposed ingress and egress. (8) Availability of suitable existing buildings or support structures, as set forth below in paragraph (d). (d) Development standards. (1) Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must be integrated with the architectural design and coloring of that existing building or support structure. (2) The siting of new support structures is subject to the following additional requirement: No new support structure will be permitted unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following: a. No existing buildings or support structures a're located within the geographic area proposed to be served by the applicant's facility. b. Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements. c. The applicant's proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the- http://Iibrary2.municode.com/mce/DocView/12487/l/153/167 http://Iibrary2.municode.com/mce/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 8 of 9 applicant's proposed antenna array. d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co- locate a new antenna array on an existing building or support structure, or to adapt an existing building or support structure for the location of the new antenna array, are unreasonable. e. There are other limiting factors that render existing buildings and support structures unsuitable for use by the applicant. (3) If co-location of the proposed facility cannot be accomplished, the proposed facility must be sited at least 1500 feet from any existing facility unless the reviewing authority -T determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. (4) If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts. (5) Protective structures housing accessory equipment must not exceed ten feet in height, must comply with all applicable setback 'requirements, and must be screened from public view or be made compatible with the color and architectural design of adjacent structures. (6) If a proposed facility will be visible from a residential area or an arterial street, any required fencing.must be of wrought iron or similar decorative materials. (7) No new support structure may project from the roof of a building. A new, freestanding support structure must be a minimum of ten feet from a building on the same site unless that building,houses equipment accessory to the support structure. (8) A-new support structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that support structure. (9) The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color. (10) Buildings and support structures may not be'illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies. (11) No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached. (12) The applicant and the property owner must sign an agreement, in a form to be provided by the city, that consents to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that co-location. (e) Maintenance and cessation of use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures: (1) The site must be maintained in a condition free of trash, debris, and refuse. .All graffiti must be removed within 72 hours. (2) If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the http://library2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 CHAPTER 9.30. ANTENNA STANDARDS Page 9 of 9 director of community development. The antenna array and, if applicable, the support structure, must be removed within a 90-day period. If such removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the permi ttee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. (Ord. No. 98-193, §§ 1--4, 10-19-98) Sec. 9.30.030. Variances. _ i (a) In accordance with the provisions of chapter 9.46 (Variances), application may be made _ for a variance from the restrictions and limitations imposed by this chapter upon satellite earth station antennas and wireless telecommunications antenna facilities. f (b) A variance may be issued if, in addition to the general variance standards, the following requirements are met: { (1) The applicant submits evidence satisfactory to the reviewing authority that location of the satellite earth station antenna or the wireless telecommunications antenna facility in the manner required by this chapter would (a) obstruct the antenna's reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or (b) the cost of meeting the requirements of this chapter is excessive in relation to the cost of the proposed antenna o r antenna facility. (2) The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the Building Code, including load distributions upon any proposed mast or other support structure. I (c) A variance may be revoked if the applicant or property owner fails to comply with any conditions that are imposed upon the issuance of that variance. (Ord. No. 98-193, §§ 1-4, 10-19-98) Sec. 9.30.035. Nonconforming antennas. Any antenna that is lawfully constructed prior to the effective date of the ordinance implementing this code, and that does not comply with the requirements of this chapter will be deemed a nonconforming use and subject to the provisions of chapter 9.28 (Nonconforming Structures and Uses). As an exception to the foregoing, a nonconforming amateur radio station antenna shall not be subject to the amortization and removal provisions of chapter 9.28. Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or regulation, is subject to immediate abatement. (Ord. No. 98-193, §§ 1-4, 10-19-98) i i http://Iibrary2.municode.com/mcc/DocView/12487/l/153/167 1/19/2006 STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM O COUNCIL ITEM (X) MEETING DATE: February 23, 2006 SUBJECT: JCFA with Riverside Unified School, District Developer Fee Reimbursement Agreement FUNDING REQUIRED: YES () NO (X) In connection with the Spring Mountain Ranch project (the "Project"), SMR Ventures, LLC, a Delaware limited liability company ("SMR"), is working with Riverside Unified School District ("RUSD") to form a community facilities district (a "CFD") under the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") over property located in the unincorporated portion of the County of Riverside. As a condition of development imposed by the County, the Project is obligated to pay a traffic mitigation fee imposed by the City of Grand Terrace to offset the impacts on the City's traffic by the development of the Project. The traffic mitigation fee is currently $550 per unit (the "Traffic Fee"). Once formed, the CFD will issue bonds (the "Bonds") to finance various improvements, including the Traffic Fee (herein,the"Grand Terrace Improvements"). Before RUSD may issue bonds to finance the Grand Terrace Improvements, the City of Grand Terrace and RUSD must enter into a joint community facilities agreement, or "JCFA." Under the Mello-Roos Act, in order to finance the Grand Terrace Improvements, the JCFA must be approved and executed by Grand Terrace prior to formation of the CFD. RUSD would like to form the CFD in the first quarter of 2006, so Grand Terrace's review and approval is necessary prior to that point. The requirement for the JCFA comes from the Mello-Roos Act, specifically Section 53316.2 of the California Government Code, which generally provides (emphasis added): A [CFD] may finance facilities to be owned or operated by an entity other than the agency that created the district...only pursuant to a joint community facilities agreement. Because the facilities financed by the Traffic Fee will be owned by Grand Terrace, a JCFA is required. The JCFA is, at its most basic level, an acknowledgement by Grand Terrace that RUSD is going to issue bonds to finance an improvement that is to be owned by Grand Terrace. Although it is difficult to comprehend, there have been cases where one agency has issued bonds and paid for the construction of an improvement that no agency would agree to accept. Needless to say, such a situation makes for angry bondholders and property owners, as well as lawmakers who do not like to see public bond funds being wasted. To ensure that such a situation does not occur, the JCFA statute was enacted. In addition to satisfying the requirement that Grand Terrace acknowledge the financing of the Grand Terrace Improvements, the proposed JCFA provides additional protections to Grand Terrace, including: I o Grand Terrace is not responsible for the formation of the CFD,the levying of special taxes, the issuance of bonds, or the administration of the CFD. o The CFD is located entirely in the County of Riverside and special taxes will not be levied against the residents of Grand Terrace. Because the development of the Project may proceed faster than the issuance of the bonds by RUSD, there is a distinct possibility that SMR, or a subsequent property owner, may be required to pay the Traffic Fee in order to satisfy the development conditions before I the bonds are issued (herein, the "Pre-Issuance Payments"). In order to finance all of the Traffic Fee, including the Pre-Issuance Payments, an agreement for reimbursement of the Pre-Issuance Payments must be entered into between SMR and the City of Grand Terrace. Under this agreement, once the bonds are issued and the proceeds are used to pay the Traffic Fee, then the Pre-Issuance Payments will be reimbursed to SMR. The City has no obligation to reimburse the Pre-Issuance Payments except from the proceeds of the bonds actually received by the City in payment of the Traffic Fee. Consequently, the City Council is being asked to consider the adoption of a resolution which approves the following two agreements: 1. An agreement entitled "Joint Community Facilities Agreement between Riverside Unified School District and the City of Grand Terrace (Spring Mountain Ranch Community Facilities District)"between the City of Grand Terrace and RUSD; and 2. An agreement entitled "Agreement Providing For Reimbursement Of Development Fees From Bond Proceeds (Tract Nos. 29741, 29597, 29598, 29600, 29740, and 29599)" between the City of Grand Terrace and SMR. STAFF RECOMMENDATION: I STAFF RECOMMENDS COUNCIL ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING (1) JOINT COMMUNITY FACILITIES AGREEMENT WITH RIVERSIDE UNIFIED SCHOOL DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 23) AND (2) AGREEMENT PROVIDING FOR REIMBURSEMENT OF DEVELOPMENT FEES j FROM BOND PROCEEDS. i RESOLUTION N.O. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING (1) JOINT COMMUNITY FACILITIES AGREEMENT WITH RIVERSIDE UNIFIED SCHOOL DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 23)AND (2) AGREEMENT PROVIDING FOR REIMBURSEMENT OF DEVELOPMENT FEES FROM BOND PROCEEDS WHEREAS, SMR Ventures, LLC, the owner and developer of property within Tract Nos. 29597, 29598, 29599, 29600, 29740, and 29741 in the County of Riverside (the "Developer"), has requested that the City of Grand Terrace, California (the "City"), enter into a joint community facilities agreement with Riverside Unified School District (the "District") pursuant to Sections 53316.2 through 53316.6 of the California Government Code whereby the Board of Education of the District will initiate and conduct proceedings for the formation of a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, to be designated "Community Facilities District No. 23 of Riverside Unified School District," for the purpose of, among other things, financing the construction of public facilities for the City which would otherwise be paid financed with certain traffic mitigation fees (the"Traffic Fees"); and WHEREAS, pursuant to said Section 53316.2, a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district pursuant to a joint community facilities agreement if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; and WHEREAS, the City Council has determined that the proposed joint community facilities agreement will be beneficial to the residents of the City and the proposed community facilities district; and WHEREAS, because the development of the project may proceed faster than the issuance of the bonds by the District, there is a possibility that the Developer, or a subsequent property owner, may be required to pay the Traffic Fees in order to satisfy the development conditions before the bonds are issued (herein, the "Pre-Issuance Payments"), and in order to finance all of the Traffic Fees, including the Pre-Issuance Payments, an agreement for reimbursement of the Pre-Issuance Payments must be entered into between the Developer and the City(the"Reimbursement Agreement"); and 20561480 - 1 - l NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AS FOLLOWS: Section 1. The joint community facilities agreement entitled "Joint Community Facilities Agreement Between Riverside Unified School District and the City of Grand Terrace (Spring Mountain Ranch Community Facilities District)" (the "Agreement") will be beneficial to the residents of the City and the proposed community facilities district. Section 2. The Agreement is approved in the form submitted to the City Council at the meeting at which this resolution is adopted and the City Manager, or his designee, and the City Clerk are authorized to execute and deliver the Agreement on behalf of the City. The City Manager, or his designee, and the City Clerk are also authorized to execute and deliver any other agreement which is necessary to implement the Agreement or to accomplish any transaction or matter which is incidental to the Agreement. Section 3. The Reimbursement Agreement entitled "Agreement Providing For Reimbursement of Development Fees From Bond Proceeds (Tract Nos. 29741, 29597, 29598, 29600, 29740, and 29599)" is approved in the form submitted to the City Council at the meeting at which this resolution is adopted and the City Manager, or his designee, and the City Clerk are i authorized to execute and deliver the Reimbursement Agreement on behalf of the City. The City Manager, or his designee, and the City Clerk are also authorized to execute and deliver any other agreement which is necessary to implement the Reimbursement Agreement or to accomplish any transaction or matter which is incidental to the Reimbursement Agreement. Section 4. The City Clerk shall deliver an executed copy of the Agreement to Riverside Unified School District and an executed copy of the Reimbursement Agreement to the Developer. { ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of February, 2006. I i Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace 20561480 - 2 - CERTIFICATION I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California; certify that the foregoing resolution was adopted by the City Council of the City at a regular meeting held on the 23rd day of February, 2006,by the following vote: AYES: NOES: ABSENT: ABSTAINED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Grand Terrace, California, this day of , 2006. City Clerk of the City of Grand Terrace 20561480 - 3 - i JOINT COMMUNITY FACILITIES AGREEMENT BETWEEN RIVERSIDE UNIFIED SCHOOL DISTRICT AND THE CITY OF GRAND TERRACE (SPRING MOUNTAIN RANCH COMMUNITY FACILITIES DISTRICT) THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is entered into as of February 1, 2006, by and between RIVERSIDE UNIFIED SCHOOL DISTRICT, a school district of the State of California (the "School District") and the CITY OF GRAND TERRACE, a municipal corporation(the"City"). RECITALS : A. SMR Ventures, LLC, a Delaware limited liability company (the "Developer"), is the owner of certain real property located in Spring Mountain Ranch, as generally shown on Exhibit A, attached hereto, representing Tract Nos. 29597, 29598, 29599, 29600, 29740, and 29741 (the "Tracts"), that consists of 1,461 proposed single family residential lots (the "Property"). B. The Board of Education of the School District (the "Board of Education") has been requested to initiate proceedings to form a community facilities district for the Spring Mountain Ranch project that is currently identified as Community Facilities District No. 23 of Riverside Unified School District (as however ultimately designated, the "CFD") under the authority of the Mello-Roos Community Facilities Act of 1982 (the "Act") (commencing with Section 53311 of the California Government Code (the "Code")). C. The boundaries of the CFD includes all of the Property. The CFD will contain two or more improvement areas (each, an "Improvement Area"). At different times, the CFD will issue one or more series of bonds (the "Bonds") for each Improvement Area for the jfinancing of the authorized facilities. D. The Developer has requested and proposed that the CFD be formed for the purpose of financing, with the proceeds of the sale of the bonds of the CFD, among other things (i) the design, construction and/or acquisition of certain school facilities of the School District (the "School Facilities"), in satisfaction of the obligation of the Property and the Developer for the payment of school mitigation fees to the School District, and (ii) the design, construction and/or acquisition of certain public facilities of the City (the "City Facilities") in satisfaction of the obligation of the Property for the payment of certain fees to the City. The City Facilities are described in Exhibit"A" attached hereto. E. Pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Government Code, (i) a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to that section; (ii) a party to such an agreement may use the proceeds of any bonds or other indebtedness issued pursuant to the Mello-Roos Act to provide facilities which that party is otherwise authorized by law to provide, even though another party to the agreement does not have the power to provide those facilities; and (iii) no local agency which is a party to a joint community facilities agreement shall have primary responsibility for formation of a community facilities district 600038743 unless it is reasonably expected to have responsibility for providing facilities to be financed by a larger share of the proceeds of bonds and special taxes of the community facilities district created pursuant to the agreement than any other local agency. F. The School District will ensure that the School District will receive the largest share of the proceeds of the sale of the bonds and special taxes of the proposed community facilities district compared with the City and any other local agency that will benefit from the proceeds of the bonds, and the School District is, therefore, the appropriate agency to have primary responsibility for formation of the proposed community facilities district. G. The purpose of this Agreement is to set forth the understandings of the School District and the City with respect to the formation of the proposed community facilities district, if it is established, the authorization of bonded indebtedness and the sale of bonds (in one or more series) for the community facilities district, and the allocation of the proceeds of the sale of such bonds between, among others, the School District and the City for the design, construction and acquisition of the School Facilities and the City Facilities. H. The estimated aggregate principal amount of the bonded indebtedness of the Community Facilities District is $83,000,000 and the estimated amounts of such bonded indebtedness which will be utilized for financing the City Facilities is $803,550. The provisions of this Agreement are intended to apply to each Improvement Area in the CFD. I. By entering into this Agreement, the School District and the City are mutually expressing that this Agreement will be beneficial to the respective residents of the City and the School District. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained,the parties agree as follows: 1. Formation Proceedings. The Board of Education shall conduct proceedings pursuant to the Code for the formation of the CFD which shall include Improvement Areas. The Board of Education shall also conduct proceedings pursuant to the Act to authorize the CFD to incur a bonded indebtedness in an aggregate principal amount determined by the School District to finance the design, construction and acquisition of, among other things, the City Facilities. The Board of Education shall commence such proceedings as soon as is reasonably possible and shall thereafter conduct and complete such proceedings in a timely manner. 2. Issuance of Bonds. Upon completion of the proceedings for the formation of the CFD and the authorization of bonded indebtedness, the School District shall proceed to issue and sell one or more series of Bonds for each Improvement Area in an aggregate principal amount determined by the School District to finance, among other things, the City Facilities. The School District shall proceed with the issuance and sale of such Bonds when it is determined, in the sole discretion of the School District, that all of the conditions which must be satisfied in connection with the issuance and sale of Bonds of a community facilities district such as the CFD, including the requirements of Section 53345.8 of the Government Code, have been satisfied. In making such determination, the School District shall be guided by the advice of its bond counsel and financial advisor and the underwriter of the Bonds. 600038743 -2- i i 3. Construction of the City Facilities. The City shall be responsible for constructing all City Facilities. 4. Allocation of Construction Funds. The fiscal agent agreement or indenture for the Bonds shall provide for the creation of separate account for the City into which amounts of the net proceeds of the sale of the Bonds shall be deposited to finance the construction and acquisition of the City Facilities (the "City Facilities Account"). The School District will create separate accounts for each other local agency (including itself) that will have facilities financed by the proceeds of the Bonds (the "Other Accounts"). Except as provided below, no part of the funds on deposit in the Other Accounts will be available to pay for the City Facilities, and no part of the funds on deposit in the City Facilities Account will be available to the other local agencies. Upon the sale of the Bonds, the School District shall provide for the deposit of amounts of the net proceeds from the sale of the Bonds in the Other Accounts and the City Facilities Account. The amounts to be deposited in the Other Accounts and the City Facilities Account shall be determined by the School District in its discretion. The fiscal agent agreement or bond indenture for the Bonds shall provide that earnings from the investment of the amount of deposit in the City Facilities Account shall be retained in such account. Notwithstanding the preceding provisions of this paragraph, if any portion of the amount deposited in the City Facilities Account will not be disbursed to pay the costs of the construction and acquisition of the City Facilities, the School District and the City shall instruct the fiscal agent or the trustee for the Bonds to transfer such portion to one or more of the Other Accounts. Likewise, the School District may deposit funds from the Other Accounts into the City Facilities Account for the financing of the City Facilities. 5. Requisition of Funds and Credit Against Development Fees. The fiscal agent agreement or the bond indenture for each series of Bonds shall provide that the fiscal agent or trustee for the Bonds shall make payments of funds from the City Facilities Account to the City for the ultimate construction of the City Facilities, upon receipt by the fiscal agent or trustee from the School District or the City of written requisitions that satisfy conditions that shall be set forth in the fiscal agent agreement or bond indenture, and which are usual for the payment of funds by a fiscal agent or trustee for proceeds of Bonds which are held in a construction and acquisition fund under a fiscal agent agreement or bond indenture. Upon receipt of the proceeds of Bonds from the City Facilities Account, the City shall provide a credit against the Development Fees otherwise due from the Tracts identified by the Developer. 6. Governmental Use of City Facilities. The City shall not use or permit the City Facilities to be used for any activity that would constitute a"Private Use." The City understands (i) that the term "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than governmental entities; (ii)that the leasing of the City Facilities or access by persons or entities other than a governmental unit to the City Facilities on a basis other than as a member of the general public ("General Public Use") would constitute a Private Use; and (iii) that the use of the City Facilities in a trade or business would constitute a General Public Use only if the City Facilities are intended to be available and are in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business. The City represents to the School District that the City's employer identification number is 95-6000769. 600038743 -3 - 7. Responsibility and Indemnification. The School District shall have sole responsibility for the design, construction and acquisition of the School Facilities and the City shall have responsibility for the design, construction and acquisition of the City Facilities. The School District agrees to indemnify and hold the City harmless from any and all liability of any nature whatsoever, including attorneys' fees and costs, with respect to the design, construction and acquisition of the School Facilities and the expenditure of the amounts of the proceeds of the Bonds which are deposited in the School Facilities Account pursuant to Section 4 above. The City agrees to indemnify and hold the School District harmless from any and all liability of any nature whatsoever, including attorneys' fees and costs, with respect to the design, construction and acquisition of the City Facilities and the expenditure of the amounts of the proceeds of the bonds which are deposited in the City Facilities Account pursuant to Section 4 above. The School District further agrees to defend, indemnify and hold the City harmless from any responsibility or liability, including attorneys' fees and costs, in the event of any challenge by any person regarding (i) the School District's authority to issue and sell the Bonds of the CFD, (ii) the legal sufficiency of the proceedings for the formation of the CFD or (iii) the authority of the School District to levy special taxes on the land in the CFD to pay the principal of and interest on such Bonds. 8. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 9. Amendment. This Agreement may be amended at any time by a subsequent written agreement signed on behalf of all parties. 10. Beneficiaries. No person or entity shall be deemed to be a third parry beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the School District and the City any rights, remedies, obligations or liabilities under or by reason of this Agreement. 11. California Law. This Agreement shall be governed and interpreted by the laws of the State of California. 12. Counterparts. This Agreement may be executed in counterparts, each which shall be deemed an original, but all of which shall constitute but one agreement. [Remainder of Page Intentionally Left Blank] 600038743 -4- i IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. RIVERSIDE UNIFIED SCHOOL DISTRICT By: Assistant Superintendent, Operations CITY OF GRAND TERRACE i By: City Manager ATTEST: City Clerk i i i i i 600038743 -5- EXHIBIT"A" DESCRIPTION OF CITY FACILITIES 1. Road and traffic improvements financed by the collection of traffic fees, including, but not limited to, street widening, street resurfacing, signal lights installation, and street reconstruction. 6000387430 AGREEMENT PROVIDING FOR REIMBURSEMENT OF DEVELOPMENT FEES FROM BOND PROCEEDS (TRACT NOS. 29741,29597,29598,29600,29740,AND 29599) i THIS AGREEMENT is entered into as of the 1st day of February, 2006, by and between SMR VENTURES, LLC, a Delaware limited liability company ("Developer"), and the CITY OF GRAND TERRACE, a municipal corporation("City"). RECITALS: (A) Developer is the owner and developer of the Spring Mountain Ranch project which includes the land within Riverside County Tract Nos. 29741, 29597, 29598, 29600, 29740, and 29599 (the "Tracts"), located in the unincorporated portion of the County of Riverside(the "County"). (B) City has entered into an agreement with Riverside Unified School District (the "School District") entitled "Joint Community Facilities Agreement Between Riverside Unified School District and the City of Grand Terrace (Spring Mountain Ranch Community Facilities District)," dated as of February 1, 2006 (the "JCFA"). All capitalized terms used herein and not defined shall have the meanings given to such terms in the JCFA. (C) The JCFA provides for the formation by the School District of a community facilities district for the Spring Mountain Ranch project (currently identified as Community Facilities District No. 23 of Riverside Unified School District) (as however ultimately designated, the "CFD") to finance with the proceeds of the sale of the bonds of the CFD, among other facilities, certain facilities of City (the "City Facilities") which would otherwise be financed with development fees which would be paid by the owner of the property in the Tracts. Such development fees (the "Development Fees") — consisting of certain Traffic Mitigation Fees (as set forth in the conditions of development for the project) - are identified in Exhibit"A" attached hereto. The Tracts will be located within the boundaries of the CFD. (D) In order for Developer to obtain approval from City for the recording of the subdivision map for the Tracts and proceed with the construction of improvements within the Tracts, it has been and will be necessary for Developer to pay Development Fees for the Tracts to City before the bonds of the CFD will be sold and City will receive proceeds thereof for financing the construction and installation of the City Facilities. Developer also seeks assurance from City that if Developer has not paid all of the Development Fees for the Tracts before and after the bonds of the CFD are sold, the proceeds of the sale of such bonds which are allocated to City for the City Facilities will also be utilized by City, as hereinafter provided, to reimburse Developer the Development Fees which are thereafter paid or for the construction and acquisition of the City Facilities. The purpose of this Agreement is to memorialize the understanding between Developer and City with respect to the reimbursement of the Development Fees which Developer has paid and may pay to City before and/or after such bonds are sold. (E) The CFD will be formed with two or more improvement areas (each, an "Improvement Area"). At different times, the CFD will issue one or more series of bonds (the 20561482 "Bonds") for each Improvement Area for the financing of the City Facilities financed by the Development Fees. The JCFA authorizes the financing of the City Facilities in each Improvement Area. NOW, THEREFORE, it is agreed as follows: 1. Among other uses, the proceeds from the sale of one or more series of Bonds may be allocated to the payment of the City Facilities (the "Available Proceeds"). Upon receiving the Available Proceeds from any series of Bonds, City shall reimburse Developer for Development Fees which it has paid with respect to Tracts in any Improvement Area. It is estimated by City and Developer that the Available Proceeds from all series of Bonds will be in the approximate amount of$803,550. 2. After a series of Bonds are sold and the Available Proceeds .from that series of Bonds have been allocated to or received by City, City shall as soon thereafter as is reasonably possible reimburse Developer for the Development Fees which have been previously paid for the Tracts in an amount which shall not exceed the Available Proceeds. Any remaining portion of the Available Proceeds, after City has reimbursed Developer, shall thereafter be utilized by City to the extent thereof, together with investment earnings thereon, if any, (i) to reimburse to Developer, for the Development Fees which are thereafter paid by Developer or(ii) for the construction and acquisition of the City Facilities, as City, with a credit against Development Fees otherwise due from the Tracts. 3. The sole source of funds from which Developer will be entitled to receive reimbursement from City for Development Fees paid to City and which will be utilized by City for reimbursing to Developer the Development Fees shall be the Available Proceeds. If the Available Proceeds from all series of Bonds are in an amount which is less than the total amount of the Development Fees which are paid by Developer with respect to the Tracts, upon payment by City to Developer of the total amount of the Available Proceeds for all series of Bonds, City shall have fully satisfied its obligations pursuant to this Agreement. 4. Developer is the master developer of the Tracts, and, as part of its business, plan, may sell all or a portion of the Tracts to merchant builders. In such a case, it is the merchant builders who may pay the Development Fees for the Tracts owned by such merchant builder. Notwithstanding that the merchant builders may have paid the Development Fees, City shall reimburse Developer (and Developer only) from the Available Proceeds. If City requires evidence that the merchant builders who paid the Development Fees have consented to Developer receiving reimbursement from Available Proceeds, Developer shall provide such evidence, which may include a written letter signed by the merchant builder or a copy of the fully-executed purchase agreement containing such consent. City shall not reimburse any party other than Developer for Development Fees from the Available Proceeds without the written direction of Developer. 5. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 2 20561482 i 6. This Agreement may be amended at any time by a subsequent written agreement signed on behalf of both parties. i 7. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement. 8. If either party commences a court action or proceeding against the other party with respect to the rights and obligations of the parties under this Agreement, the prevailing party in such action or proceeding shall be entitled to receive from the losing party reasonable attorney's fees, as determined by the court, and costs incurred by it in prosecuting or defending such action or proceeding. 9. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 10. This Agreement may be executed in counterparts, each which shall be deemed an original, but all of which shall constitute but one agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF GRAND TERRACE By: City Manager i i ATTEST: I I City Clerk I [SIGNATURES CONTINUED ON NEXT PAGE] I i i I 3 20561482 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] SMR VENTURES, LLC, A Delaware limited liability company By: TROXLER RESIDENTIAL VENTURES XII, LLC, a Delaware Limited Liability Company, Managing Member By: Troxler Ventures Partners, Inc., a California corporation, Its: Operating Member By: Name: Bryan P. Troxler Its: President 4 20561482 EXHIBIT A DESCRIPTION OF DEVELOPMENT FEES 1. Traffic Mitigation Fee $550 per unit * These amounts are provided for informational purposes only and are the amounts currently due. Notwithstanding the amounts shown above,the JCFA authorizes the financing of the City Facilities in the amount of the fees that are due at the time of payment of such fees. i I 1 i I STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM() COUNCIL ITEM (X) MEETING DATE:February 23,2006 SUBJECT: SCHEDULE JOINT PLANNING COMMISSION AGENCY AND CITY i COUNCIL MEETING FUNDING REQUIRED: YES Q NO (X) This item serves as a place holder to discuss,if needed,the setting of a joint meeting of the Planning Commission Agency and City Council in the future. COUNCIL Ac-EmDA BTEI 7 NO Cr-,