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01/27/2009 tT F ILE, C p� c Y - , o GROND TERR cE - January 27,2009 ' 22795 Barton Road Grand Terrace California 92313-5295 '.Civic Center '(909)824-6621 _ Fax(909)783-7629 -Fax(909).783-2600 CITY -OF •GRAND-TERRACE Maryetta Ferr6 Mayor CRA/CITY COUNCIL , Lee Ann Garcia_' Mayor Pro Tern REGULAR MEETINGS - - Bea Cortes Jim Miller 2ND AND 4T11, Tuesday - 600 p.m. Walt Stanckiewitz Council Members Steve Berry _ Acting City Manager Cou.ncil.'Chambers Grand, Terrace Civic Center - 22795'Bartou 'Road ' Grand Terrace; CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS January 27,2009 GRAND TERRACE CIVIC CENTER 4:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION 4 PM -ETHICS WORKSHOP 6 PM-CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 01-13-2009 Minutes Approve 2. Approval of a Purchase and Sale Agreement for the Approve Redevelopment Agency Acquisition of a Vacant Parcel in the 22100-22200 Block of Barton Road 3. Extension of Time for the Existing Stormwater Drainage Facility Approve/Appropriate Memorandum of Understanding Between Colton Unified School District and the City of Grand Terrace and a Project Budget Appropriation ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Loma Linda Korean Seventh-Day Adventist Church B. Home of Distinction Award COUNCIL AGENDA 01-27-2009 PAGE 2 Oi .GENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION Special Presentations C. iiinued C. Presentation b� olton Joint Unified School District on the Status of the Nt High School 3. CONSENT CALEN AR i The following Consem Jlendar items are expected to be routine and noncontroversial. The• -ill be acted upon by the Council at one time iwithout discussion. A7. Council Member,Staff Member or Citizen may request removal ' an item from the Consent Calendar for discussion. i A. Approve Check -'.egister Dated January 27,2009 Approve B. Waive Full Reap ng of Ordinances on Agenda C. Approval of 01-. ;-2009 Minutes Approve D. Extension of 1, :te for the Existing Stormwater Drainage Approve/Appropriate Facility Memo! ndum of Understanding Between Colton Unified School �istrict and the City of Grand Terrace and a Project Budget ppropriation E. Treasurer's Rely, rt for Quarter Ending September 30,2008 Approve F. Treasurer's Rep rt for Quarter Ending December 31,2008 Approve 4. PUBLIC COMMEI`: ; This is the opportunit% r members of the public to comment on any items not appearing car the regular agenda. Because of restrictions contained in Califbmn.. .aw,the City Council may not discuss or act on any item not on the. .enda,but may briefly respond to statements made or ask a quest . t for clarification. The Mayor may also i request a brief respon, trom staff to questions raised during public comment or may requt,�a matter be agendized for a future meeting. 5. REPORTS A. Committee Reps,;cs 1. Crime Prever ion Committee a. Minutes o: October 13,2008 Accept B. Council Reports 6. PUBLIC HEARING: A. An Ordinance oi,.ie City of Grand Terrace Amending Chapter Approve 15.09.20 Califon!,to Existing Building Code,Title 15 Chapters 15.09.20 of the band Terrace Municipal Code Relating to Repairs of Dami�;ed Structures COUNCIL AGENDA 01-27-2009 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City of Grand Approve Terrace,Adding Chapter 15.58 Relating to Recycling and Diversion of Construction and Demolition Waste 1 B. Second Reading of an Ordinance of the City Council of the Approve City of Grand Terrace,California Rescinding the Traffic Circulation Fee Schedule(4.104)and Replacing it with a New Fee Structure 8. NEW BUSINESS A. Quarterly Financial Update through December 31,2008 Approve 9. CLOSED SESSION A. Employee Compensation-Acting City Manager ADJOURN r THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,FEBRUARY 10,2009 AT 6:00 P.M. .................................................................................................. IN... ............... AGENDA ITEM REQUESTS MUST BE SUBMITTED WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -JANUARY 13,2009 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 13, 2009 at 6:00 p.m. tJ ; PRESENT: Maryetta Ferrd, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Jim Miller, Agency Member Walt Stanckiewitz, Agency Member Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director Colin Burns, City Attorney's Office ABSENT: Tom Schwab, City Manager John Harper, City Attorney Lt. Mike Newcombe, Sheriff's Department John Salvate, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 12-09-2008 MINUTES CRA-2009-01 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES,CARRIED 4-0-1-0(AGENCY MEMBER MILLER WAS ABSENT),to approve the December 9, 2008 Community Redevelopment Agency Minutes. ADOPT RESOLUTION TO APPROPRIATE AND AUTHORIZE FY 2008-09 ERAF PAYMENT AND PROTEST PAYMENT REQUIREMENT BY STATE CRA-2009-02 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES,CARRIED 5-0,to adopt a Resolution determining that there are sufficient funds available from non-housing Community Redevelopment fund balance reserves to fund the required ERAF transfer payment for FY 2008-09 and direct staff to advise San Bernardino Auditor Controller of the CRA intent to fund ERAF transfer from appropriated funds no later than May 10, 2009, Appropriate $448,211 for ERAF payment from Unreserved, Undesignated available Fund Balance in the CRA Debt Service Fund, and Reserve the right to a refund of the ERAF transfer should such CRA AGENDA ITEM NO. I Community Redevelopment Agency Minutes January 13,2009 Page 2 part of the 2008 State Budget Act be determined improper or illegal at a later date. APPROVE CRA AUDITED FINANCIAL REPORT FY 2007-08 CRA-2009-03 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 5-0, to approve the CRA Audited Financial Report for FY 2007-08. ANNUAL REPORT TO THE LEGISLATIVE BODY CRA-2009-04 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY CHAIRMAN FERRE, CARRIED 5-0, to accept and file the 2007-08 annual report for the Community Redevelopment Agency. CLOSED SESSION-CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) Property-22627 La Paix Street(APN 1178-031-59)&22608 La Paix (APN 1178- 031-62) Agency Ne otiator- Steve Berry Under Negotiation- Price and Terms of Payment Chairman Ferre announced that the Agency met in Closed Session for a Conference with Real Property Negotiators (Government Code Section 54956.8) for property located at 22627 La Paix Street(APN 1178-031-59) & 22608 La Paix (APN 1178- 031-62) and there was no reportable action taken APPROVE PURCHASE AND SALE AGREEMENT FOR THE REDEVELOPMENT AGENCY ACQUISITION OF 22747 BARTON ROAD CRA-2009-05 MOTION BY AGENCY MEMBER CORTES, SECOND BY VICE-CHAIRMAN GARCIA, CARRIED 4-0-0-1 (AGENCY MEMBER MILLER ABSTAINED), to approve the Purchase and Sale Agreement for the Redevelopment Agency Acquisition of 22747 Barton Road. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 8:25 p.m.,in memory of Pauline Huntoon, Chairman Maryetta Ferre's mother, until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, January 27, 2009 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace Community Redevelopment Agency Minutes January 13,2009 Page 3 CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace r STAFF REPORT CRA ITEM (X ) COUNCIL ITEM ( ) MEETING DATE: January 27, 2009 FUNDING REQUIRED: ( X ) NO FUNDING REQUIRED ( ) SUBJECT: APPROVAL OF A PURCHASE AND SALE AGREEMENT FOR THE REDEVELOPMENT AGENCY ACQUISITION OF A VACANT PARCEL IN THE 22100-22200 BLOCK OF BARTON ROAD RECOMMENDATION: Approve the attached Purchase and Sale Agreement between the Redevelopment Agency and Commercial Pacific Holding, Inc. for the acquisition of APN 0275-242-11 and the budget appropriation to complete the project Background: On December 9, 2008, the Agency Board authorized staff in closed session to negotiate the purchase of unimproved real property in the 22100-22200 block of Barton Road, APN 0275-242-11, depicted on the attached map, Exhibit "A". In accordance with that direction, staff has negotiated at purchase. price of $199,836 for the 19,032 square foot (.44 acre) parcel. The property was listed for sale, and the sales price was agreed upon by the seller as a fair market value transaction. Staff recommends purchasing this parcel as an opportunity to begin assembling a larger site for a future commercial/office project or civic uses. The attached Purchase and Sale Agreement and Escrow Instructions has been reviewed and approved by Agency Counsel. Staff requests a budget appropriation from undesignated available 80% (non-housing) Redevelopment Funds of $215,000, to also pay escrow costs and complete the Phase 1 environmental report. . Any appropriated funds _not used for the project will then be available for future redevelopment projects. Fiscal Impact: The requested funds are recommended to be appropriated from the undesignated 80% Redevelopment Fund balance and transferred to a capital project account for this project. Sufficient funds are available for the purchase and Phase 1 report. Recommendations: 1. Approve the attached Purchase and Sale Agreement and Escrow Instructions to be executed by the Chairperson of the Redevelopment Agency. CRA AGENDA ITEM NO. 2. 1 2. Appropriate $215,000 from undesignated available 80% Redevelopment Fund balance to a project account established by the Finance Director to fund related project costs. 3. Authorize the Acting Agency Executive Director to execute the escrow documents and complete all actions necessary to carry out the project. 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'''. t; y2� { i j ,, ' �.,r'�!f$ kat' 1;.'•9a1 *.^ts { ''' "E `+1{ t:'$.- t �, n: `r '{. .a'. . � -r•yJ-�`w,'�� S kr r+�{� i y�lr��Y t(I�,.. ♦ . 4 i Y. ;a �1 1I, t. lT ii:; �j i'l Fill T� ' S Si by - >• i} t f 1'� t }' � X��ai� +f i•>� Y� *4eP T"'!Y. rY � iw," v 5 .: I a'lKrU(-I IIJ.�•+[I Exhibit B Purchase and Sale Agreement r PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions ("Agreement"), dated this day of January, 2009, is entered into by and between the Community Redevelopment Agency of the City of Grand Terrace("B_uyer'), and Commercial Pacific Holding, Inc., ("Seller"). RECITALS A. Seller is the owner of that certain real property("Seller's Property" or"Property") consisting of approximately 19,032 square feet or .44 acres, more particularly described as APN 0275-242-I 1 and attached hereto as Exhibit"A". B. Buyer is a public entity with the power to acquire real and personal property for public uses and purposes. Buyer is engaged in property acquisition that shall be deemed to be for a public purpose for purposes of this Agreement. C. As a consequence of the foregoing, Buyer has agreed to purchase Seller's Property and Seller has agreed to convey it to Buyer pursuant to the following terms and conditions: AGREEMENT ARTICLE I 1.1 Sale and Purchase. Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller. 1.2 Purchase Price. The total purchase price for the Property shall be One hundred ninety-nine thousand eight hundred thirty-six Dollars ($199,836.00), (the"Purchase Price"). 1.3 Paymerit by Buyer. Within three(3) days the Opening of Escrow(as hereinafter defined), Buyer shall deliver Five Thousand Dollars ($5,000.00 ) in cash or other immediately available funds to the Escrow Holder as a deposit (the"D osit"). Until the Close of Escrow (as hereinafter defined) or until Escrow is terminated as herein,provided, Escrow Holder shall invest the Deposit in an interest-bearing account with interest accruing thereon for the account of the Buyer. The remainder of the Purchase Price shall be paid at the Close of Escrow. 1.4 Condition of Title. At Closing, Seller shall convey to Buyer good and marketable title in fee simple to,the Property subject only to all easements,restrictions, or covenants of record which do not interfere with the use of the Property for the purposes, including, without limitation, current, non-delinquent real property taxes (the"Permitted Exceptions"). 1 - c ARTICLE II REPRESENTATIONS AND WARRANTIES 2.1 Representations and Warranties of Seller True and Correct. Seller hereby represents and warrants to Buyer that the following facts are true and correct as of the date hereof. The truth and accuracy of the following representations and warranties shall constitute a condition precedent to the Close of Escrow for the benefit of Buyer. These representations and warranties shall survive the-Close of Escrow and the recording of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. (a) Power and Authority. Seller has the legal power, right and authority to enter into this Agreement and the instruments, referenced herein, and to consummate the transactions contemplated hereby. The individuals executing this Agreement and the instruments referenced herein on behalf of the Seller have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. Furthermore, Seller warrants that it has good and marketable title to the Property. (b) Requisite Action. All requisite action has been taken by Seller in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated hereby. (c) Validity. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms subject only to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting or limiting the rights of contracting parties generally. Neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions contemplated herein, conflict with or result in the material breach of any terms or provisions of any contract, loan, or other agreement or instrument to which Seller is a party or affecting the Property. All consents, approvals and authorizations necessary for the execution of this Agreement and the consummation of the transactions contemplated herein by Seller have been or will be obtained. Seller has not sold, conveyed or entered into any contract for the sale of all or any portion of the Property or any rights incident thereto, nor do there exist any rights of first refusal or options to purchase the Property or any rights incident thereto. (d) Recitals. The information contained in the Recitals,is true and correct. (e) Lawsuits and Claims. To Seller's actual knowledge, without any duty of inquiry or investigation, there are no pending actions, lawsuits, claims or judicial, municipal or administrative proceedings affecting all or any portion of the Property or in which Seller is a party by reason of Seller's ownership of the Property. To Seller's-knowledge, there are no threatened or contemplated actions, lawsuits, claims or proceedings nor the existence of any facts which might give rise to such actions, lawsuits, claims or proceedings. During the Escrow period, Seller will not commence or defend any action with respect to the Property except upon such terms as are mutually acceptable to Seller and Buyer. 2 (� Condition of Property. Seller has not received notice of any violation of applicable governmental regulations relating to the Property, any existing or contemplated plan to widen or modify any street or highway contiguous to the Property (other than the Grading and Improvements contemplated by this Agreement) or any other plan, study or effort of any applicable governmental authorities relating to the Property. (g) Taxes and Assessments. Seller has provided to Buyer all relevant information in its possession concerning real property taxes and any special assessments or bonds which may be levied against the Property as a result`of any existing public improvements or work, activities or improvements done to the Property by Seller. (h) Hazardous Materials. To Seller's actual knowledge, without any duty of inquiry or investigation, all operations or activities upon, or use or occupancy of the Property by Seller or any current occupant or user thereof are in compliance with all state, federal and local laws and regulations governing or in any way relating to�the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are commonly defined or employed in accordance with applicable federal, state or local laws, codes, ordinances, rules and regulations). To the Seller's actual knowledge, without any duty of inquiry or investigation, there is not present upon the Property, or on any portion thereof, underground storage tanks, any hazardous material or any structures, fixtures, equipment or other objects or, materials containing any hazardous material in violation of any applicable environmental law. (i) Leases and Contracts. To Seller's knowledge, there are no oral or written leases, subleases, licenses, occupancies, or tenancies in effect pertaining to the Property, and no persons or entities occupy or have'the right to occupy or use all or any portion of the Property. To Seller's knowledge, except as disclosed by Seller to Buyer, there.are no service or maintenance contracts, warranties, guarantees,bonds, insurance policies or other agreements (whether oral or written) which will affect or be obligations of Buyer or the Property after the Close of Escrow. At the Close of Escrow, Seller shall deliver possession of the Property to Buyer free of actual occupancy and any right of occupancy,by the party. 0) Changes. Seller shall promptly notify Buyer of any material, adverse change in any condition with respect to the Property or of any event or circumstance which makes any representation of warranty of Seller under this Agreement untrue or any covenant of Buyer under this Agreement incapable or less likely of being performed, it being understood that Seller's obligation to provide notice to Buyer shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement. (k) General Representation. No representation, warranty or statement of Seller in this Agreement or in any document, certificate of schedule prepared by Seller and to be furnished to Buyer pursuant to the terms of this Agreement,contains any untrue statement of material fact. Except for the representations and warrantees explicitly set forth above, Buyer hereby releases Seller, Seller's affiliates, officers, directors, partners, employees, and agents, and their 3 r respective heirs, successors, personal representatives and assigns, from and against any and all claims which Buyer may have and which arise out of or are in any way connected with this Agreement and the Property, including, without limitation, every physical and environmental condition of the Property. BUYER EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND UNDER ANY PROVISION OF LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS AGREEMENT TO RELEASE SELLER. BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO-CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCI4ANGE FOR,SELLER'S PERFORMANCE UNDER THIS AGREEMENT. BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. Initials: Buyer: Seller: 2.2 Representations of Buyer. Buyer is validly existing as a California Community Redevelopment Agency and has performed all acts and obtained all approvals and consents, in each case as necessary to offer to purchase and to purchase the Property. Buyer has the full authority and power to comply with all of its obligations set forth in this Agreement. ARTICLE III COVENANTS OF SELLER AND BUYER AND INSPECTION PERIOD 3.1 License to Enter. Seller hereby agrees that Buyer and/or its agents, representatives,contractors and subcontractors may, following the Opening Date and prior to the Closing Date, conduct its own reasonable engineering studies, environmental assessment, soil and compaction tests and other tests and studies on the Property provided that(i) such activities do not impair the drainage of the Property; and(ii) Buyer shall be responsible for any damage caused thereby to the Property. Buyer shall be responsible for any liability, cost, claim, damage or injury caused by such entry and shall keep the Property free of any and all liens arising therefrom. Buyer shall indemnify and hold Seller harmless and defend Seller from and against such liability, loss,judgment, cost, claim, damage or injury, including but not limited to attorneys' fees and costs, arising out of or in connection with entry or testing on the Property by Buyer or its agents, representatives, contractors or subcontractors. 4 4 3.2 Inspection Review Period. Buyer shall have a period of forty-five (45) days from the opening of Escrow, which shall mean the date on which Buyer& Seller execute a Contract for Sale and Purchase, to approve at its sole discretion, the following, which shall be provided by Seller to Buyer within five(5) days from opening of escrow, and include, but not be limited to: 1) Preliminary Title Report and related documents. 2) Plat Map 3) Hazardous Substance Condition report. 4) Size and description of the property. 5) ALTA Survey. 6) Geotechnical Report, if any. Additionally, any or all items requested above that are in the Seller's possession shall be submitted to Buyer for its review. Seller shall also deliver reliance letters to Buyer from each of the consultants who have produced the Third Party reports,referenced above. 3.3 Property Condition. Buyer shall inspect the Property during the Inspection Review Period. Should Buyer determine that there are any;defects; Seller shall provide a credit to the purchase price in an amount sufficient to repair the defects. This acquisition is subject to, and conditioned upon, acceptable soil conditions of the absence of toxic or hazardous substances or any other kind of soil or water contamination. Buyers are hereby grant a right-of-entry for the purpose of conducting any necessary soils, toxic and hazardous substances investigations of the - property at the expense of the Buyer. Thereafter, the Property will be sold "As is" with Seller making no additional representations or warranties concerning the Property. ARTICLE IV ESCROW 4.1 Agreement to Constitute Escrow Instructions. This Agreement together with any General Provisions of Escrow Holder(the"General Provisions") collectively shall constitute escrow instructions and a copy hereof shall be deposited with Escrow Holder for this purpose. In the event of any inconsistency between the terms of the General Provisions and this Agreement, the provisions of this Agreement shall prevail to the extent,of any such inconsistency. 4.2 Escrow Holder. The escrow (the "Escrow") shall be Chicago Title with or other escrow company upon mutual agreement of the Parties. 4.3 Opening of Escrow. Escrow shall open on the date on which a copy of this Agreement, properly executed by the parties hereto, has been deposited with Escrow Holder(the "Opening of Escrow"), which copy the parties hereto agree shall be delivered to Escrow Holder immediately following execution. Escrow Holder shall notify the parties immediately upon receipt of a copy of this Agreement as so executed as to the date of the Opening of Escrow. 5 4.4 Close of Escrow. The Closing shall occur not later than sixty(60) days after Opening of Escrow (the "Scheduled Closing Date"), unless extended by mutual written agreement of the parties. For purposes of this Agreement, the terms "Closing Date" and the "Close of Escrow" mean the date on which the Closing occurs and the term "Closins" means the recordation of the Grant Deed. 4.5 Certain Obligations of Buyer. (a) In addition to any other obligations contained in this Agreement, Buyer shall have deposited the Deposit into Escrow as required pursuant to Section 1.3 or before the " time set forth in such Section. (b) Not later than one (1)business day prior to the Scheduled Closing Date, Buyer shall deposit into Escrow: (i) The total Purchase Price, less the Deposit, as provided in Section 1.3, in cash or by wire transfer. (ii) All other sums and documents required by Escrow Holder to be deposited by Buyer to carry out this Escrow. 4.6 Certain Obligations of-Seller. In addition to any obligations contained in this Agreement, not later than one(1) business day prior to the Scheduled Closing Date; Seller shall deposit with Escrow Holder: (a) A grant deed in the Title Company's usual form, duly executed, acknowledged and in recordable form conveying Seller's interests,in the Property to Buyer(the "Grant Deed"). (b) All other sums and documents required by Escrow Holder to be deposited by Seller to carry out this Escrow. 4.7 Conditions to Seller's Obligation to Sell. Seller's obligation to sell the Property is expressly conditioned upon each of the following: (a) Buyer shall have deposited with Escrow Holder all sums and documents required pursuant to Section 4.5. (b) Buyer'shall have timely performed each obligation and covenant of Buyer required pursuant to this Agreement. (c) All representations and warranties of Buyer hereunder are materially true and correct. 4.8 Conditions to Buyer's Obligation to Buy. Buyer's obligation to buy the Property is expressly conditioned upon each of the following: 6 11 (a) Seller shall have deposited with Escrow Holder all sums and documents required pursuant to Section 4.6. (b) Seller shall have timely performed each obligation and covenant of Seller required pursuant to this Agreement. (c) Escrow Holder holds for issuance the Title Policy(as hereinafter defined). (d) All representations and warranties of Seller hereunder are materially true and correct. (e) No material adverse change shall have occurred to the condition of the Property or the improvements thereon. 4.9 Title Policy. Escrow Holder is hereby instructed to deliver to Buyer through Escrow a Standard ALTA owner's policy of title insurance from Chicago Title Insurance Company with regional exceptions dated the date and time of Closing with liability in the amount of the Purchase Price (the"Title Policy'). The Title Policy shall insure Buyer(or its nominee) as owner of good, marketable and indefeasible fee title to the Property subject only to (i) the standard printed title company exceptions and (ii) the Permitted Exceptions and any other exceptions approved by or created by Buyer. 4.10 Recordation of the Grant Deed and Delivery of Funds. Upon receipt of the documents and sums described in this Article IV, Escrow Holder shall cause the Grant Deed to be recorded (with documentary transfer tax information to be affixed after recordation) in the office of the County Recorder of San Bernardino County, California, and shall deliver the proceeds of the Escrow less appropriate charges to Seller. A conformed copy of the recorded Grant Deed shall be delivered to Buyer immediately following the Closing. All sums to be disbursed to Seller by Escrow Holder shall be by certified or cashiers check of Escrow Holder or by wire transfer if Escrow Holder is so advised by Seller. (a) Prorations. Real property taxes and any other assessment payment, shall be prorated as of Close of Escrow. (b) Costs of Escrow. (i) Seller shall pay one-half(1/2) of the Escrow fee, and cost of a CLTA standard coverage title policy, together with all documentary transfer tax. (ii) Buyer shall pay all costs not described as Seller's costs in Section 4.10(b)(i). 4.11 Broker's Commission. Buyer represents that it was not represented by a broker and will indemnify Seller from any claims, damage, or expense for any and all commission fees. 4.12 Default. Time is of the essence in this Agreement and if Buyer or Seller(the -Defaulting Party") fails to deposit any of the amounts due pursuant to this Agreement, or to perform any other act when due, then the other party (the `Non-Defaulting Party") may initiate 7 A" any of its rights under this Agreement, in law or in equity by notice in writing to the Defaulting Party and Escrow Holder. Should Buyer default, Seller shall be entitled to retain Buyer's deposit as liquidated damages. If the Defaulting Party has not fully cured the default within seven(7) calendar days after receipt of said notice by the Defaulting Party, Escrow Holder may be instructed by the Non-Defaulting Party to cancel this Escrow and the Non-Defaulting Party shall thereupon be released from its obligations under this Agreement. 4.13 Buyer's Remedies. Buyer and Seller agree that if the sale contemplated by this Agreement is not completed as herein provided solely by reason of any material default of Seller, Buyer shall have the right.to pursue any remedy available at law or in equity for such default of Seller, including, without limitation, the specific performance of this Agreement. 4.14 Statement of Buyer and Seller Concerning Executory Terms. Buyer and Seller acknowledge that the consummation of the Escrow is contingent upon compliance with some or all of the executory terms and provisions this Agreement and that the parties hereto are the sole persons or entities entitled and authorized to determine whether all executory terms and provisions required to be performed prior to the close of Escrow have been satisfied or deemed satisfied prior to the close of Escrow. Accordingly, prior to the Scheduled Closing Date, Buyer and Seller shall each deposit with Escrow Holder a written statement acknowledging that all executory terms and provisions of this Agreement, insofar as the same relate to each party respectively and any obligation of Escrow Holder relating thereto, have been satisfied, deemed satisfied or waived. Deposit of such statement with Escrow Holder shall constitute each party's authorization to close Escrow. 4.15 Termination of Agreement. In the case of termination of this Agreement in accordance with its terms and cancellation of the Escrow, all documents and funds.(together with any interest accrued thereon)previously deposited into the Escrow shall be promptly returned to the depositing party by the person or entity then holding such documents and funds, and all rights and obligations of the parties existing hereunder shall thereafter terminate and be of no further force and effect except for the indemnification of Buyer in Recital B, and in Sections 3.1, and 4.11, all of which shall survive the termination of this Agreement and except as provided in Section 4.6. 4.16 Escrow Cancellation Charges. In the event that this Escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the event that the Escrow shall fail to close for any other reason, each party shall be liable for one-half(1/2) of all Escrow cancellation charges. 4.17 Delay in Closing: Authority to Close. If Escrow Holder cannot close the Escrow on or before the Scheduled Closing Date, it will, nevertheless, close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has not been timely performed, unless after the Scheduled Closing Date and prior to the close of the Escrow, Escrow Holder receives a written notice to terminate the Escrow and this Agreement from a party who, at the time such notice is delivered, is not in default hereunder. The exercise of such right, and the return of moneys and documents, shall not affect the right of the permitted in this Agreement for the other party's breach of this Agreement. In addition, the giving of such notice, the failure to object to termination of the Escrow or the return of moneys and documents shall 8 1� not affect the right of the other party to pursue other remedies permitted hereunder for the breach of the party who gives such notice. ARTICLE V MISCELLANEOUS PROVISIONS" 5.1 Incorporation of Exhibits. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 5.2 Attorneys' Fees. In any legal proceeding between Buyer and Seller seeking r ` enforcement of or attempting to construe any of the terms and provisions of this Agreement, or in connection with any of the property described herein, including, without limitation, insolvency, bankruptcy, arbitration, declaratory relief or other litigation, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, service of process, filing fees, court and court reporter costs, investigation costs, expert witness fees and the cost of any bonds, and reasonable attorneys' fee. 5.3 Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person (by hand delivery or professional messenger service) to either party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service guaranteeing overnight delivery, charges prepaid, addressed as follows: If to Buyer at: Community Redevelopment Agency of the City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Attn: City Clerk With a copy to: John R. Harper Harper&Burns LLP 453 S. Glassell Street Orange, California 92866 If to Seller at: Commercial Pacific Holding, Inc. P O Box 2247 Hawthorne, CA 90250 9 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received,seventy-two (72) hours after the same is so addressed and mailed in Los Angeles, Orange, San Bernardino or Riverside Counties with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four(24)hours after delivery of the same, charges prepaid, to the U.S. Postal Service or private courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this Section by giving notice to the other party and to Escrow Holder as herein provided. 5.4 Successors and Assigns. This Agreement shall be binding upon and shall inure to ? the benefit of each of the parties hereto and their respective successors and permitted assigns. 5.5 Assi ent. This Agreement may not be assigned by either party without the express written consent of the other party first had_and obtained. Except as provided in the preceding sentence, any assignment of delegation of rights, duties or obligations hereunder made without the prior written consent of the other party or parties hereto shall be void and of no effect. No such assignment shall be deemed to relieve the assigning party from any liability or responsibility hereunder. 5.6 Relationship of Parties. The relationship of the parties to this Agreement shall be solely that of Buyer and Seller, and nothing herein contained shall be construed otherwise. 5.7 Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California. 5.8r Entire Agreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 5.9 Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require. 5.10 Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy;or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 10 1� 5.13 Further Assurances. Seller and Buyer each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the sale or any other agreement contained herein in the manner contemplated hereby. 5.14 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. 5.15 Time.of Essence. Time is of the essence in this Agreement as to all dates and time periods set forth herein. 5.16 Eminent Domain Proceedings. Seller shall promptly notify Buyer of any condemnation proceeding commenced prior to the Close of Escrow. If any such proceeding relates to or may result in the loss of any material portion of the Property, Seller or Buyer may, at its option, elect either to (i) terminate this Agreement, in-which event all funds deposited into Escrow by Buyer or released to Seller shall be returned to'Buyer, all instruments shall be returned to the respective parties who deposited the same, and neither party shall have any further rights or obligations hereunder except as provided,in Section 4.15, or(ii) continue the Agreement in effect, in which event upon the Close of Escrow, Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 5.17 Recitals. The provisions of the recitals of this Agreement shall constitute operative and enforceable provisions of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates set forth under their respective signatures below,notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. BUYER: SELLER: COMMUNITY REDEVELOPMENT C AGENCY CITY OF GRAND TERRACE By: By: By: Chairperson Dated: January�, 2009 Dated: January , 2009 Approved as to Form: John R. Harper, City Attorney 11 A EXHIBIT "A" LEGAL DESCRIPTION Lot 17 of Tract 2966, in the County of San Bernardino, State of California as per map recorded in book 40 page 46 of maps, in the office of the county recorder of said county. t 12 17 C Par Grand Terrace Tract d s �� M.B. 1114 Grand Role-Terrace Are city 275-2 Tax7'p4 4/' ''� Po,Y Pon or r ��p al G. / 4, / IOR LOT 1 ® ® ® Q fLRE Lor n PORL12T Par..l}�� ►- - CJCLARR*EN Z90 r wl STREET-f- -� 1 2 g 4 5 6 7 89 10 00 roR.LOris 1 1 eLK.E- C � 4 ? A h r' k Mg?1 a �uQ 19 18 17 16 roR LOT 1 15© lr ® G) 09.F O Q3 e2 11 z � O O O 1--1—�BARYON (PALM AVENUE) ROAD REVI9 I Tract No.15149,M.B.247/1-2 3 032091 Iw 00+ Parcel Map No.660,P.M. 6/54 Assessor's Map .3132192 �' O.M.Curris Tract, Tract No. 2966, M.B.40146 Book 275 Page 24 as 2699° K e.rl► loan San Bernardino County 8118199 K, STAFF REPORT CRA (X) COUNCIL ITEM (X) JANURAY 27, 2009 FUNDING REQUIRED (X) SUBMITTED BY: Public Works and Community Development Departments ` SUBJECT: EXTENSION OF TIME FOR THE EXISTING STORMWATER DRAINAGE FACILITY MEMORANDUM OF UNDERSTANDING BETWEEN COLTON UNIFIED SCHOOL DISTRICT AND THE CITY OF GRAND TERRACE AND A PROJECT BUDGET APPROPRIATION RECOMMENDATIONS: Listed below BACKGROUND: On December 12, 2006, the City Council entered into a Memorandum of Understanding (MOU) with Colton Joint Unified School District (CJUSD) to install a 48 inch storm drain pipe in Pico Street starting at the school district's property and ending at City-owned property near Taylor Street. Currently, storm flows generated from upstream properties -%` are conveyed through the school site via Pico Street. The original MOU has now expired. To keep the storm drain facility project moving forward, staff recommends that the MOU term be extended to March 1, 2010. CJUSD staff is also requesting an extension of time from the CJUSD board. The attached MOU, Section E, 2.2, reflects the new expiration date. The original MOU also included a City funding commitment of $130,000.00 toward the $377,487.50 Storm Drain Project, which has not yet been budgeted. Staff recommends that the City's portion be funded through the RDA undesignated available fund balance. Community Redevelopment Law allows the use of redevelopment funds for public improvements provided findings are approved documenting the public benefit derived from the project. Staff and the City Attorney have prepared the attached Resolutions as required for the Council and Agency Board approval. RECOMMENDATIONS: City Council: 1. Approve the attached MOU between CJUSD and the City to install a new stormwater drainage facility in Pico Street, extending the term to March 1, 2010. 2. Approve the attached City Council Resolution making certain findings and authorizing the use of RDA Funds for the project. CRA AGENDA ITEM NO. 1 Redevelopment Agency: 1. Approve the attached Redevelopment Agency Resolution making certain findings and authorizing the use of RDA Funds for the project. 2. Approve a $130,000 budget appropriation from the RDA undesignated available fund balance to fund the project as proposed. FISCAL IMPACT: There are sufficient funds in the RDA undesignated available fund balance to fund the project as proposed. ATTACHMENTS: 1. Stormwater Drainage Facilities Memorandum of Understanding 2. City Council Resolution 3. Redevelopment Agency Resolution STORMWATER DRAINAGE FACILITIES MEMORANDUM OF UNDERSTANDING This STORMWATER DRAINAGE FACILITIES MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into by and between THE CITY OF GRAND TERRACE, a California municipal corporation ("City") and COLTON JOINT UNIFIED SCHOOL DISTRICT, a California public school district ("District"). The City and District are sometimes referred to herein individually as "Party" and collectively as "Parties." RECITALS: A. District and Community Redevelopment Agency of the City of Grand Terrace ("Agency") are parties to that certain School Site Purchase Agreement and Escrow Instructions dated as of January 12, 2006 ("School Site Purchase Agreement") pursuant to which District is to acquire certain real property located within the City upon which District intents to locate school facilities. The proposed school site is located north of Main Street, south of Van Buren Avenue, east of Taylor .Street, west of Michigan Street in the City of Grand Terrace, State of California(the"School Site"). B. Currently, stormwater flows generated from upstream properties are - conveyed through the School Site via Pico Street. However, the construction of school facilities on the School Site will require the vacation of Pico Street and will therefore create the need for a stormwater drainage facility to convey stonnwater flows through the School Site to historic flow areas (the "Stormwater Drainage Facilities"). The Storm Water Drainage Facilities consists of the following major components: (1) inlet structures at the upstream end of the School Site to capture stormwater flows from upstream properties; (2) a forty-eight (48) inch pipe("Pipe") to convey stormwater flows collected at the inlet structures below the surface of the School Site; (3) outlet structures located at the downstream end of the School Site; and (4) a retention basin ("Retention Basin") into which the outlet structures shall discharge. The Retention Basin will be located on a portion of certain real property located immediately adjacent to the School Site and commonly known as Assessor's Parcel No. 1167-151-58. Said parcel is currently owned by the Agency, a portion of said parcel is to be conveyed the Agency to the District pursuant to the School Site Purchase Agreement, and the Retention Basin will be located on that portion of said parcel retained by the Agency after such conveyance. C. District shall, in conjunction with its construction of a school on the School site, pay for the costs of designing and constructing the Stormwater Drainage Facilities. The City shall reimburse the District, in the manner hereinafter set forth, for a portion of the costs of constructing the Stormwater Drainage Facilities. D. As more fully described in that certain "Preliminary Construction Cost Estimate — Pico Storm Drain" prepared by Epic Engineers dated August 2006, a copy of 3 which is attached hereto as EXHIBIT A and incorporated herein by reference, the current estimated costs for construction of the Stormwater Drainage Facilities is Three Hundred Twenty-Eight Thousand Two Hundred Fifty Dollars and No Cents ($328,250.00) plus a fifteen percent (15%) contingency amount of Forty-Nine Thousand Two Hundred Thirty- Seven Dollars and Fifty Cents ($49,237.50), for a total estimated cost of Three Hundred Seventy-Seven Thousand Four Hundred Eighty Seven Dollars and Fifty Cents ($377,487.50) ("Total Estimated Construction Costs"). E. The Parties desire to enter this Agreement for the purpose of developing an understanding between the City and District for the design, construction, and funding of the Stormwater Drainage Facilities. NOW, THEREFORE, IN CONSIDERATION of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT: 1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and District have entered into this Agreement. City and District each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2 Effective Date. The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date ("Effective Date")all of the following are true: 2.1 This Agreement has been approved by the Parties respective governing boards or delegated representatives and signed by all Parties; and 2.2 Fee title to the School Site has been conveyed to District pursuant to the School Site Purchase Agreement. If the Effective Date has not occurred by March 1, 2010, then this Agreement shall be null and void and of no force and effect. 3. Design. 3.1 Stormwater Drainage Facility and Retention Basin. Within thirty (30) days of the Effective Date, and subject to approval by District's Board of Education, District agrees to enter into a contract with Epic Engineer to begin design of the Stormwater Drainage Facilities. The contract with Epic Engineers will require Epic Engineers to design the Stormwater Drainage Facilities under the existing WLC Architects, Inc. contract for the School Site, and based on the City of Grand Terrace Stormwater Layout, as prepared by Kicak and Associates (Work Order No. 12.428, 1989), in accordance with all applicable federal, state, and local laws, rules and regulations. The contract with Epic Engineers shall specify that Epic,Engineers shall take into consideration the depth of the future San Bernardino 48-inch water supply pipeline to be installed in Taylor Street and shall design the Stormwater Drainage Facility so that they may be extended downstream in the fiiture without impact to the water supply pipeline. 3.2 Costs of Design and Construction. Subject to reimbursement from the City as described in Section 5.2, District shall .advance all, costs and expenses associated with the design and construction of the Stormwater Drainage Facilities. 4. Issuance of License Approvals and Permits. Subject to .the provisions of this Agreement, City agrees 'to issue all licenses, permits and approvals required to construct and/or install the Stormwater Drainage Facilities, including, without limitation, approvals necessary for the Stormwater Drainage Facilities to outlet onto the Retention Basin, upon normal and typical review of applications for such matters. The City shall not require the District to pay any fees or charges for the issuance of such licenses, approvals or permits. 5. Construction. 5.1 Stormwater Drainage Facilities. Subject to reimbursement from the City as described in Section 5.2, District shall be responsible for the construction of the Stormwater Drainage Facilities. District shall secure appropriate bids and award the contract to a qualified contractor for the construction of the Stormwater Drainage Facilities in compliance with all applicable, federal, state, and local laws, rules and regulations. District shall complete construction of the Stormwater Drainage Facilities before removal of existing flood way and public right-of-way. 5.2 Costs of Construction., At the completion of the construction of the Stormwater Drainage Facilities, District shall provide to City an invoice ("Invoice") for all costs related to construction of the Stormwater Drainage Facilities, together with supporting documentation for all item(s) shown thereon, including bills and copies of cancelled checks (front and back) evidencing District's payment of such costs. Within thirty (30) calendar days following City's receipt of the Invoice, City shall pay to District the amount of One Hundred Thirty Thousand Dollars and No Cents ($130,000.00). 6. Indemnification. 6.1 Indemnification bXCity: City hereby agrees to defend, indemnify and hold free and harmless District and District's elected and appointed officals, officers, and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury," personal' injury, death or property damage, arising from or connected with City's actions under this Agreements, including any Worker's Compensations suits, liability or expense, arising from or connected with services performed on behalf of City by any persons pursuant to this Agreement, whether such 5 claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. City's duty to indemnify District shall survive the termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its termination. 6.2 Indemnification by District: District herby agrees to defend, indemnify, and hold free and harmless City and City's elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with the District's actions under this Agreement, including any Worker's Compensation suits, liability, or expense, arising from or connected with services performed on behalf of District by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. District's duty to indemnify City shall survive the termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its termination. 6.3 Tort Indemnification: The Parties recognize that this Agreement is subject to the provisions of Section 895 et seq. of the Government Code. Pursuant to Section 895.4 of the Government Code, the Parties as part of this Agreement will provide for contribution or indemnification upon any liability arising out of the performance of this Agreement. Each Party shall defend, indemnify, and hold harmless the other Party, its directors, elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or administrative action of any federal, state, or local governmental body or agency, arising out of or incident to the performance of the Agreement and resulting from the negligence or wrongful act of that Party, its directors, elected officials, officers, employees, and agents. This indemnification includes, without limitation, the payment of all penalties, fines,judgments, awards, decrees, attorney's fees, and related costs and expenses relating to this section. 7. Termination for Cause. In the event that either Party defaults in the performance of this Agreement, the other Party shall have the option to terminate this Agreement upon thirty(30) days prior written notice to the defaulting Party. 8. Delivery of Notices an Other Communications. All notices and other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii)- sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile .transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third c business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To City: City of Grand Terrace 22795 Barton Road Grand Terrace, California 92313-5295 Attn: City Manager Telephone: (909) 824-6621 Facsimile: (909) 783-7629 With a Copy to: Harper& Burns 453 South Glassell Street Orange, California 92866-1906 Attn: John R. Harper, Esq. Telephone: (714) 771-7728 Facsimile: (714) 774-3350 To District: Colton Joint Unified School District 1212 Valencia Drive _J Colton, California 92324-1798 Attn: Dennis Byas, Superintendent Telephone: (909) 580-5000 (x 6642) Facsimile: (909)433-9468 With a Copy to: Best Best& Krieger LLP 3750 University Avenue Post Office Box 1028 Riverside, CA 92502 Attn: Kendall H. MacVey Telephone: (951) 686-1450 Facsimile: (951)682-7308 9. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, or partnership or joint venture, or any association between City and District, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein with respect to the matters contained herein, not shall this Agreement be construed, except as expressly provided herein, to authorize either Party to act as the agent for the other Party. 10. Resolution Without Arbitration. In the event any dispute arises over the terms of this Agreement, City and District Representatives shall meet and confer with the object of resolving such disputes within forty-eight (48) hours of the request of either Party. If, within seven (7) days, or such longer period as my be agreed upon by the Parties, the dispute cannot be resolved by the City and District Representatives to their mutual satisfaction, the City and District Representatives shall then convene a committee composed of themselves and two (2) members each of the City Council of City and Board of Education of District, selected by such legislative bodies, in their discretion. The committee shall meet as soon as possible to attempt to resolve the dispute to the mutual satisfaction of City and District. 11. Arbitration of Disputes. If the committee convened pursuant to Section 11 is unable to resolve any dispute between City and District within fourteen (14) days, or such longer period as may be agreed upon by the Parties, such disputes shall be decided by arbitration in accordance with the then current rules of the American Arbitration Association, unless the Parties mutually agree in writing otherwise. No arbitration shall include any party other than City and District and any other person substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in the arbitration. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of a demand for arbitration shall be filed with the other Party and with the American Arbitration Association within a reasonable time and in no event after the date on which legal or equitable proceedings based on such claim, dispute or matter in question would be barred by the applicable statute of limitations. 12. Severability. If any terms or provisions of this Agreement shall be held invalid or enforceable, the remainder of this Agreement shall not be affected. 13. Construction, This Agreement shall be interpreted in accordance with and governed by the laws of the State of California. The language contained herein shall be construed according to its,fair meaning and not strictly for or against either Party. The paragraph headings are for purpose of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 14. Attorney's Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs an any other relief, the prevailing party shall be entitled to reasonable attorney's fees and costs. 15. Entire Agreement. The Agreement contains the entire agreement of the Parties with respect to the matters contained herein. No prior agreement or understanding of the Parties with respect to the matters referred to herein shall be valid or of any force or effect. 16. Assignment. This Agreement shall not be assigned without the written consent of the Parties, any assignment without such written consent shall be void and ineffective. 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns to the Parties hereto. 18. Amendment to Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) set forth next to their respective signatures below. CITY OF GRAND TERRACE a California Municipal Corporation Date: By: Maryetta Ferre' Mayor ATTEST: City Clerk 7 A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace ("Agency") desires and intends to construct and install public infrastructure improvements consisting of a storm water drainage facility, including a storm water retention basin, in the Grand Terrace Community Redevelopment Project(the"Project Area") with funding provided by the Redevelopment Agency of the City of Grand Terrace("Agency"); and WHEREAS, the lack of infrastructure improvements along Pico Street in the Project Area creates a blighting influence at the area and causes a deterrent to the physical and economic health of area by deterring new development in the Project Area, thereby constituting blight; and WHEREAS, the Pico Street Storm Water Drainage Facility Improvements will improve the utility of the surrounding land area,.thereby benefiting the Project Area; and WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace hereby: Section 1. That the Pico Street Storm Water Drainage Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means of financing the entire Improvements available to the community because the Pico Street Improvement Project is not within the budget of the City. Section 3. That consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490, the payment of funds for the Storm Water Drainage Facility Improvements will assist in the elimination of visual and economic blight and promote and �t enhance the revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. Section 4. The City Council hereby consents to the Redevelopment Agency of the City of Grand Terrace paying for all or part of the costs of the installation and construction of the Pico Street Storm Water Drainage Facility Improvements. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 27th day of January 2009 by the following vote: 1 ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and the City Council thereof and the City Council thereof Resolution No. 2009- I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 271h day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John R. Harper, City Attorney 11 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY ': REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace ("Agency") desires and intends to construct and install public infrastructure improvements consisting of a . storm water drainage facility, including a storm water retention basin, in the Grand Terrace Community Redevelopment Project (the "Project Area") with funding provided by the Redevelopment-Agency of the City of Grand Terrace ("Agency"); and WHEREAS, the lack of infrastructure improvements along Pico Street in the Project Area creates a blighting influence at the area and causes a deterrent to the physical and economic health of area by deterring new development in the Project Area, thereby constituting blight; and WHEREAS, the Pico Street Storm Water Drainage Facility Improvements will improve the utility of the surrounding land area, thereby benefiting the Project Area; and WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the Community Redevelopment Agency of the City of Grand Terrace hereby: Section 1. That the Pico Street Storm Water Drainage Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means,of financing the entire Improvements available to the community because the Pico Street Improvement Project is not within the budget of the City. Section 3. That consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490, the payment of funds for the Storm Water Drainage Facility Improvements will assist in the elimination of visual and economic blight and promote and enhance the revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Grand Terrace, California at a regular meeting held on the 27th day of January 2009 by the following vote: ATTEST: Secretary of the Community Redevelopment Chairperson of the Community Agency of the City of Grand Terrace Redevelopment Agency of the City of Grand Terrace Resolution No. 2009- I, Brenda Mesa, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 27`h day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John R. Harper, City Attorney 12 Check Register Dated January 27, 2009 vchlist Voucher List Page: 1 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62870 1/12/2009 010164 GREAT-WEST 01082009 Dec Loan Payments-Deferred Comp 10-022-64-00 1,326.22 Total : 1,326.22 62871 1/12/2009 010982 SBCCD 01122009 Food worker certs for child care staff 10-440-228-000-000 96.00 Total : 96.00 62872 1/13/2009 005452 PACIFICARE OF CALIFORNIA 1002061167 JAN. EMPLOYEE HEALTH INS - 10-120-142-000-000 1,52777 10-125-142-000-000 777.83 10-140-142-000-000 1,570.52 10-172-142-000-000 203.97 10-175-142-000-000 141.87 10-180-142-000-000 1,786.98 10-370-142-000-000 544.48 10-380-142-000-000 531.84 10-440-142-000-000 2,003.45 10-450-142-000-000 532.56 21-572-142-000-000 76389 32-370-142-000-000 155.57 34-400-142-000-000 618.82 34-800-142-000-000 35504 10-022-61-00 10,606 61 Total : 22,12-1.20 62873 1/14/2009 004587 MANAGED HEALTH NETWORK 3200002271 JANUARY EMPLOYEE INSURANCE Page: 1 COUNCIL AGENDA ITEM NO.2 vchlist Voucher List Page: 2 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62873 1/14/2009 004587 MANAGED HEALTH NETWORK (Continued) 10-125-142-000-000 12.80 10-140-142-000-000 1920 10-172-142-000-000 2.88 10-175-142-000-000 1.92 10-180-142-000-000 29.44 10-370-142-000-000 19.20 10-380-142-000-000 640 10-440-142-000-000 147.20 10-450-142-000-000 9.60 21-572-142-000-000 9.60 32-370-142-000-000 448 34-400-142-000-000 992 34-800-142-000-000 896 10-185-142-000-000 6.40 10-120-142-000-000 19.20 Total : 307.20 62874 1/14/2009 006772 STANDARD INSURANCE COMPANY Jan 00 607869 C JANUARY EMP LIFE/DISABILITY INS 10-120-142-000-000 2085 10-125-142-000-000 1390 10-140-142-000-000 2085 10-172-142-000-000 313 10-175-142-000-000 2.09 10-180-142-000-000 3071 10-370-142-000-000 17.84 10-380-142-000-000 695 10-440-142-000-000 5435 10-450-142-000-000 10.43 21-572-142-000-000 9.18 32-370-142-000-000 437 34-400-142-000-000 1052 34-800-142-000-000 973 10-185-142-000-000 6.95 10-022-66-00 1,284.30 Total : 1,506.15 Page. 2 i vchlist Voucher List Page: 3 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62875 1/14/2009 010764 SAFEGUARD DENTAL&VISION 2310824 JANUARY EMPLOYEE VISION/DENTAL INS 10-022-61-00 390.81 Total : 390.81 62876 1/14/2009 006772 STANDARD INSURANCE COMPANY Jan160-513170- JANUARY EMPLOYEE DENTAL INS 10-022-61-00 1,24868 Total : 1,248.68 62877 1/14/2009 010737 WESTERN DENTAL SERVICES INC. Jan 2009 JAN EMPLOYEE DENTAL INSURANCE 10-022-61-00 55.75 Total : 55.75 62880 1/15/2009 005584 PETTY CASH 01152009 Replenish petty cash 10-010-01-00 501.86 Total : 501.86 62881 1/21/2009 010626 MONTES, MARIA 01212009 Animal Clinic Cash Box 10-200-15 20000 Total : 200.00 62882 1/21/2009 010986 CA. CITY MANAGEMENT FOUNDATION 02052009 CCMF Dinner-S Berry 10-120-270-000-000 50.00 Total : 50.00 62883 1/27/2009 001001 AA EQUIPMENT CO. INC. 8305692 Lawnmower maint/repair 10-450-246-000-000 1,123.28 Total : 1,123.28 62884 1/27/2009 001024 ACCENT PRINT& DESIGN 253623 SR. NEWLETTER PRINTING EXPENSE 10-805-222-000-000 77.58 Total : 77.58 62885 1/27/2009 001045 ADVANCED COPY SYSTEMS 22929A1 Refurbished toner cartridge 10-440-219-000-000 16161 Total : 161.61 62886 1/27/2009 010878 AMOS, FABRIENNE 4TH QTR 2008 4th Quarter Medical Reimbursement 10-440-139-000-000 500.00 Page. 3 vchlist Voucher List Page: 4 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62886 1/27/2009 010878 AMOS, FABRIENNE (Continued) Total : 500.00 62887 1/27/2009 010293 AVAYA, INC. 2728314026 PHONE/VOICEMAIL SYSTEM MAINT 10-190-246-000-000 183.46 Total : 183.46 62888 1/27/2009 001683 CA. STATE DEPT OF CONSERVATION 4TH QTR 2008 SMIP FEES 10/1-12/31/08 10-700-01 -3.22 23-200-21-00 64.40 Total : 61.18 62889 1/27/2009 010991 CANELA, ADRIAN 01052008 Construction Encroachment agrmnt 44-200-623-000-000 2,000.00 Total : 2,000.00 62890 1/27/2009 010990 CARPET CARE PLUS 011609 Community Room Steam Cleaning 10-180-245-000-000 27000 Total : 270.00 62891 1/27/2009 001739 CENTRAL CITY SIGN SERVICE FC-58 Finance charge on balance due 16-900-220-000-000 5 12 Total : 5.12 62892 1/27/2009 010726 CHAMBERS GROUP INC. 23787 EIR FOR GENERAL PLAN UPDATE 10-370-250-000-000 36,799.59 Total : 36,799.59 62893 1/27/2009 010988 CHAVEZ, ARTHUR 1788 Altered Dog charge refund 10-200-15 2500 Total : 25.00 62894 1/27/2009 001840 CITY OF COLTON 811 Wastewater lab testing 21-570-802-000-000 2,648.80 874 Wastewater lab testing 21-570-802-000-000 2,47840 Total : 5,127.20 62895 1/27/2009 010101 CORDERO, DINORAH 4TH QTR 2008 4th qtr Medical Reimbursement Page. 4 vchlist toucher List Page: 5 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62895 1/27/2009 010101 CORDERO, DINORAH (Continued) 10-440-139-000-000 208.67 Total : 208.67 62896 1/27/2009 010147 CORTES, BEA JANUARY January Stipend/Auto Allowance 32-200-120-000-000 150.00 10-110-120-000-000 250.00 10-110-273-000-000 200.00 Total : 600.00 62897 1/27/2009 001907 COSTCO#478 2207 C CARE SUPPLIES 10-440-228-000-000 132.26 10-440-220-000-000 44.08 2212 C. CARE SUPPLIES 10-440-228-000-000 95.29 10-440-220-000-000 31 76 Total : 303.39 62898 1/27/2009 001930 DAILY JOURNAL CORPORATION B1490941 PUBLIC HRG PUBLICATIONS 10-370-230-000-000 110.88 B1497281 PUBLIC HRG PUBLICATIONS 10-370-230-000-000 142.56 Total : 253.44 62899 1/27/2009 010711 DANKA FINANCIAL SERVICES 68691275 FY 08/09 TOSHIBA COPIER LEASE 10-172-246-000-000 63.24 10-175-246-000-000 3162 34-400-246-000-000 63.24 Total : 158.10 62900 1/27/2009 001950 DATA QUICK B1-1417534 December Subscription Svc 21-572-246-000-000 29.11 34-800-220-000-000 29.11 10-380-250-000-000 29.10 Total : 87.32 62901 1/27/2009 001942 DATA TICKET INC 25857 FY 08/09 PARKING CITE PROCESSING 10-140-255-000-000 10000 Page: 5 vchlist Voucher List Page: 6 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62901 1/27/2009 001942 DATA TICKET INC. (Continued) Total : 100.00 62902 1/27/2009 003210 DEPT 32-2500233683 012519/301357,' MAINT SUPPLIES 10-450-246-000-000 ' 211.77 Total : 211.77 62903 1/27/2009 010987 DEPT. OF INDUSTRIAL RELATIONS, STA 0105455-SB Annual Elevator Inspection 10-180-246-000-000 210.00 Total : 210.00 62904 1/27/2009 010989 DURDLE, RICK 1402 Renewal overpayment refund 10-200-15 15.00 Total : 15.00 62905 1/27/2009 002301 FEDEX 904710808 Overnight delivery charges 10-120-210-000-000 37.12 Total : 37.12 62906 1/27/2009 002450 FERRE', MARYETTA JANUARY January Stipend/Auto Allowance 32-200-120-000-000 150.00 10-110-120-000-000 25000 --10-110-273-000-000- - -200.00 Total : 600.00 62907 1/27/2009 002740 FRUIT GROWERS SUPPLY 90229165 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 3.66 90230569 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 5.80 90230593 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 6230 Total : 71.76 62908 1/27/2009 002795 GARCIA, LEE ANN JANUARY January Stipend/Auto Allowance 32-200-120-000-000 150.00 10-110-120-000-000 67.79 10-110-273-000-000 200.00 Total : 417.79 ;y Page: 6 vchlist V`biicher List Page: 7 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62909 1/27/2009 010425 GOLDEN TIGER MARTIAL ARTS 010209 January Contract Class dues 10-430-27 189.00 Total : 189.00 62910 1/27/2009 010181 GOPHER PATROL 171065 GOPHER CONTROL SERVICES 10-450-245-000-000 46500 Total : 465.00 62911 1/27/2009 003020 GREENWOOD'S UNIFORM COMPANY 63778 UNIFORMS 10-180-218-000-000 112.00 63875 UNIFORMS 34-800-218-000-000 15.07 Total : 127.07 62912 1/27/2009 003152 HARPER & BURNS LLPN 01132009 December Legal Services 10-160-250-000-000 8,595.75 32-200-251-000-000 8,595.75 Total : 17,191.50 62913 1/27/2009 010632 HIGH TECH SECURITY SYSTEMS 85373 SECURITY CAMERA MAINT AGREEMENT 10-180-246-000-000 20.00 10-450-246-000-000 6000 Total : 80.00 62914 1/27/2009 003213 HONEYWELL ACS SERVICE 928761 System Maint/Repair 10-180-247-000-000 48094 Total : 480.94 62915 1/27/2009 003217 HOSE MAN INC. 6111679-0001-0 Misc Maintenance Dept Supplies 10-180-218-000-000 32.86 Total : 32.86 62916 1/27/2009 003216 HOUSTON & HARRIS PCS, INC. 09-15165 SEWER MAINT& HYDROWASHING 21-573-602-000-000 90000 09-15181 SEWER MAINT& HYDROWASHING 21-573-602-000-000 393.75 Total : 1,293.75 Page. 7 vchlist Voucher List Page: 8 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62917 1/27/2009 003224 HYDRO-SCAPE PRODUCTS INC. 05779547-00 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 29.37 Total : 29.37 62918 1/27/2009 010290 KAISER PERMANENTE 00-0005559630 February Health Ins. Benefit-L. Garcia 10-110-142-000-000 36399 10-110-120-000-000 241 01 Total : 605.00 62919 1/27/2009 004350 LEAGUE OF CALIFORNIA CITIES, INLANC 01082009 IE Division Dinner-S. Berry 10-120-270-000-000 45.00 Total : 45.00 62920 1/27/2009 010984 MERRILL, LYNN 122008 CIWMB Mtg Document Prep. 10-180-255-000-000 49500 Total : 495.00 62921 1/27/2009 010446 MILLER, JIM JANUARY January Stipend/Auto Allowance 32-200-120-000-000 15000 10-110-120-000-000 25000 10-110-273-000-000 200.00 Total : 600.00 62922 1/27/2009 004989 NATIONAL NOTARY ASSOCIATION 15806118 Insurance renewal. #15806118 10-125-265-000-000 8500 Total : 85.00 62923 1/27/2009 010097 NEXTEL COMMUNICATIONS 410575025-075 Oct/Nov Nextel Usage 10-440-244-000-000 50.22 10-180-240-000-000 608.05 Total : 658.27 62924 1/27/2009 010851 PARADIGM PRESSURE WASHING 12312008 FY 08/09 GRAFFITI CLEAN UP 10-180-255-000-000 50000 Total : 500.00 62925 1/27/2009 005586 PETTY CASH 01152009 Petty Cash Replenishment Page: 8 l vchlist Voucher List Page: 9 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62925 1/27/2009 005586 PETTY CASH (Continued) 10-440-221-000-000 42.24 10-440-223-000-000 12812 10-440-228-000-000 80.26 Total : 250.62 62926 1/27/2009 010787 PRO PLANET INDUSTRIAL SUPPLY 21209 RITE AWAY GEL 10-450-246-000-000 401.02 10-450-246-000-000 29.30 Total : 430.32 62927 1/27/2009 010171 REPUBLIC ELECTRIC 1208111 SIGNAL MAINT& DAMAGE REPAIR 16-510-255-000-000 1,544.87 1208112 SIGNAL MAINT& DAMAGE REPAIR 16-510-255-000-000 376.40 Total : 1,921.27 62928 1/27/2009 010723 RICHARD POPE &ASSOCIATES 3827 ORANGE GROVE PKWY CONSTRUCTION PLAN 13-445-710-000-000 1,105,65 Total : 1,105.65 62929 1/27/2009 006242 RIVCOMM LLC 120696 Antenna Installation-Senior Center 10-805-246-000-000 824.88 Total : 824.88 62930 1/27/2009 006310 ROADRUNNER STORAGE 8953 February Storage Charges 10-140-241-000-000 119.00 34-500-726-000-000 139.00 Total : 258.00 62931 1/27/2009 010249 ROGERS, ANDERSON, MALODY ET AL 25655 07/08 CITY AND CRA AUDIT 32-200-250-000-000 91.61 33-300 250-000-000 .91.61 10-140-250-000-000 765.17 34-400-255-000-000 91 61 Total : 1,040.00 62932 1/27/2009 006341 ROSENOW SPEVACEK GROUP INC. 0022263 FY 07-08 TAX INCREMENT, PASS THROUGH, Page: 9 vchlist Voucher List Page: 10 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62932 1/27/2009 006341 ROSENOW SPEVACEK GROUP INC (Continued) 34-400-251-000-000 3,18500 Total : 3,185.00 62933 1/27/2009 006557 S.B. COUNTY DEPT PUBLIC WORKS FC 110-09 ANNUAL FLOOD AGREEMENT 12-903-701-000-000 2,991 00 Total : 2,991.00 62934 1/27/2009 006531 S.B. COUNTY SHERIFF 8776 FY 08/09 CONTRACT LAW ENF. SERVICES 10-410-255-000-000 4,307.04 10-410-256-000-000 130,679.17 14-411-256-000-000 24,181 79 Total : 159,168.00 62935 1/27/2009 010664 SHELL FLEET MANAGEMENT 8000209687901 December Maint Vehicle Fuel 10-180-272-000-000 190.08 Total : 190.08 62936 1/27/2009 007005 SO CAL LOCKSMITH 6910 Keys for Park 10-450-245-000-000 16.15 Total : 16.15 62937 1/27/2009 006720 SO.CA.EDISON COMPANY 01272009 December Street Light Utility Charges 16-510-238-000-000 5,231 34 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 Total : 5,380.74 62938 1/27/2009 006730 SO CA.GAS COMPANY 01082009 December Utility/CNG Charges 10-190-238-000-000 85495 10-440-238-000-000 168.71 10-180-272-000-000 30.40 10-440-272-000-000 10.13 34-800-272-000-000 1013 Total : 1,074.32 62939 1/27/2009 010974 STANCKIEWITZ, WALT JANUARY January Stipend/Auto Allowance Page: 10 vchlist Voucher List Page: 11 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62939 1/27/2009 010974 STANCKIEWITZ, WALT (Continued) 32-200-120-000-000 150.00 10-110-273-000-000 200.00 10-110-120-000-000 25000 Total : 600.00 62940 1/27/2009 006778 STAPLES CREDIT PLAN 1519132001 Misc Office/Filing Supplies 34-400-210-000-000 156.08 1521047001 Toner Supplies 34-400-210-000-000 6895 18416 Misc Office Supplies/Data Storage 34-400-210-000-000 108.39 8321865001 City Hall Copy Paper/Office Supplies 10-140-210-000-000 6505 10-190-212-000-000 84.72 8805917001 City Hall Copy Paper Supply 10-190-212-000-000 176.02 8892785001 Ink/Toner Supplies 10-140-210-000-000 279.07 89748 Misc Office Supplies/Storage 10-180-210-000-000 10354 10-140-210-000-000 3239 Total : 1,074.21 62941 1/27/2009 010136 SWRCB FEES 20249 07/-06/30/08 Wastewater Disp Fees 10-631-255-000-000 900.00 Total : 900.00 62942 1/27/2009 006898 SYSCO FOOD SERVICES OF L.A. 901070597 C. CARE FOOD & SUPPLIES 10-440-220-000-000 21.43 901070598 C. CARE FOOD &SUPPLIES 10-440-220-000-000 67018 901140430 C CARE FOOD & SUPPLIES 10-440-220-000-000 597.88 Total : 1,289.49 62943 1/27/2009 007102 T.Y.LIN INTERNATIONAL 0812312 CHG ORD#4 BARTON BRIDGE Page: 11 vchlist Voucher List Page: 12 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62943 1/27/2009 007102 T.Y LIN INTERNATIONAL (Continued) 47-100-250-001-000 1,734.74 Total : 1,734.74 62944 1/27/2009 010712 TASO TECH, INC. 28 Barracuda Spamfilter renewal 10-380-249-000-000 43912 Total : 439.12 62945 1/27/2009 010590 TERRA LOMA REAL ESTATE JANUARY 2009 Jan Prop Mngt Fees-21974 De Berry 32-600-05 9600 Total : 96.00 62946 1/27/2009 010934 THE SATELLITE WORKS INC. 3008190023 FY 08/09 MONTHLY ACCESS FEE 10-808-235-000-000 43.71 Total : 43.71 62947 1/27/2009 010949 UNIQUE CREATIONS 49352 EMERGENCY SUPPLIES 10-808-221-000-000 230.70 10-808-221-000-000 17.88 Total : 248.58 62948 1/27/2009 007539 VALLEY TIRE COMPANY 88041 Flat repair-Maintenanace Vehicles 10-180-272-000-000 1500 Total : 15.00 62949 1/27/2009 007795 WAXIE 71046172 MAINT SUPPLIES 10-180-245-000-000 69.29 71047950 City hall maint/janitorial supplies 10-180-245-000-000 1,32887 Total : 1,398.16 62950 1/27/2009 007854 WESTERN EXTERMINATORS CO 407908 PEST CONTROL 34-400-246-000-000 3850 10-805-245-000-000 33.00 10-180-245-000-000 8650 10-440-245-000-000 7500 Total : 233.00 Page. 12 vchlist Voucher List l Page: 13 01/21/2009 3:58:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 62951 1/27/2009 010455 WESTERN HIGHWAY PRODUCTS INC 634315 GT.Business Advertising Signs 10-180-230-000-000 464.37 Total : 464.37 62952 1/27/2009 007920 WILLDAN 062-10028 Mt. Vernon Street Improvements 44-200-623-000-000 1,170.00-- Total : 1,170.00 62953 1/27/2009 010842 WILLIAMS, ALLAN S. 4TH QTR 2008 4th Qtr 2008 Medical Reimbursement 10-370-139-000-000 44.76 Total : 44.76 62954 1/27/2009 007938 WIRZ& COMPANY 55837 Community Svcs Receipt Books 10-180-210-000-000 31786 Total : 317.86 62955 1/27/2009 007987 XEROX CORPORATION 037761318 CC 55 COPIER LEASE- 10-190-212-000-000 130.14 10-190-700-000-000 29.43 10-190-212-000-000 6.56 10-190-700-000-000, 33449 037761319 CC265 COPIER LEASE 10-190-700-000-000 270.66 10-190-212-000-000 141.76 10-190-700-000-000 31.96 Total : 945.00 1/15/2009 007400 U S. BANK TRUST N.A. JANUARY 2009 '97 COP MONTHLY LEASE PAYMENT 33-300-206-000-000 22,563.56 Total : 22,563.56 85 Vouchers for bank code : bofa Bank total : 311,703.60 85 Vouchers in this report Total vouchers : 311,703.60 Page: 13 vchlist Voucher List Page: 1 01/15/2009 8:38:09AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount ►lISCoQ VOID OR&C-le DOCTO INGo,ZrZrccr AOOrL6,sso4&. 10-190-250-001-000 103,000 00 Total : . 62879 1/15/2009 010983 JARA BROTHERS CONSTRUCTION 01152009 Claim Settlement Payment 10-190-250-001-000 103,000 00 Total : 103,000.00 2 Vouchers for bank code : bofa Bank total : 206,000.00 2 Vouchers in this report Total vouchers : 206,000.00 `� Page. 1 vchlist Voucher List Page: 14 01/21/2009 3:68:36PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community -Redevelopment Agency liabilities have been audited by me and_ are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director Page: 14 City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS& LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS& DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES& EQUIPMENT � 1 CITY OF GRAND TERRACE PEN�NG S TY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING -JANUARY 13,2009 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 13, 2009, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director Colin Burns, City Attorney's Office ABSENT: i Tom Schwab, City Manager John Harper, City Attorney Lt. Mike Newcombe, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE Acting City Manager Steve Berry indicated that item 3E. Authorization for Council Member Bea Cortes to attend the League of California Cities Community Services Policy Committee Meeting, January 21,2009, in Sacramento, California needs to be deleted from the agenda and that item 3J. Approve Purchase and Sale Agreement for the Redevelopment Agency Acquisition of 22747 Barton Road needed to be removed from the City Agenda and placed under the Community Redevelopment Agency for action of the Board. SPECIAL PRESENTATIONS 2A. SANBAG Presentation COUNCIL AGENDA ITEM NO.� Council Minutes 01/13/2009 Page 2 Gary Coh, Director of Freeway Construction,Caltrans,indicated that he along with William Nascimer: �, P.E. Project Manager, LAN Engineering and Gilbert Betancourt, P.E. Project Manager altrans, will be giving a presentation on the need, purpose and project history of the Barto Zoad I215 Interchange. They explained the project goals, alternatives and costs and state( ..iat they will continue to keep the City updated as the process moves along. CONSENT CA '.NDAR CC-2009-02 IVY 'ION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER N, LER, CARRIED 5-0, to approve the following Consent Calendar Items: 3 Approve Check Register Dated January 13, 2009 3;• Waive Full Reading of Ordinances on Agenda 3 Authorization for Council Member Walt Stanckiewitz and Acting City Manager Steve Berry to Attend the League of California Cities,New Mayors and Council Members Academy, January 21-23, 2009, in Sacramento, California 3: Resolution Approving Support for the Green Valley Initiative 31 Resolution of Intention to Vacate a Portion of Britton Way and Set a Public Hearing Date as Required by the Streets and Highways Code, State of California 3 Reject Liability Claim GTLC-08-13 (Shively) ITEMS REMO'• :,�D FROM THE CONSENT CALENDAR 3 Approval of 12-09-2008 & 01-06-2009 Minutes CC-2009-03 A-,' 'TION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER Ci iZTES, CARRIED 5-0,to approve the 12-09-2008 City Council Minutes. CC-2009-04 TO, !T'ION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM G.`:RCIA, CARRIED 4-0-0-1 (COUNCILMEMBER CORTES ABSTAINED), to api,rove the 01-06-2009 Minutes of the City Council with the addition of Cynthia B,:,ney's comments. 3 U 30"Anniversary Event Report and Approve all Community Related Expense Accounts to Begin in 2009 with a Zero Balance. CC-2009-05 INIOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GA RCIA,CARRIED 5-0,to approve the 30"Anniversary Event Report and Approve al I Community Related Expense Accounts to Begin in 2009 with a Zero Balance. Council Minutes 01/13/2009 Page 3 3G. Resolution Establishing aNew 6:00 p.m. Start Time for Planning Commission Meetings CC-2009-06 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, FAILED 0-5, to table this item and request that staff bring back a report on the work load for the Planning Commission on the upcoming calendar year giving specifically how often they will have to meet and an approximate time of the meetings. CC-2009-07 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 5-0,that this item be taken back to the Planning Commission for a formal vote on their start time. PUBLIC COMMENT Charles Hornsby, 22656 Brentwood Street, stated that there were a couple of interesting articles in the paper last week. He read the articles two or three times because it was local and it had to do with the child care center. The two points that were made was that the care of the children would not suffer. The point that was also made was that only the administration would be affected. Administrative employees would be picking up some extra work. He feels ` -that the just of what she said is that they have more people than they needed. He feels that the economy is going to get a lot worse before it gets better. REPORTS 5A. Committee Reports 1. Emergency Operations Committee a. Minutes of November 4, 2008 &December 2, 2008 CC-2009-08 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to accept the November 4, 2008 and December 2, 2008 Minutes of the Emergency Operations Committee. b. Accept Resignation of Emergency Operations Committee Member - Robert Stewart CC-2009-09 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to accept the Resignation of Emergency Operations Committee Member Robert Stewart 2. Historical & Cultural Activities Committee a. Minutes of December 1, 2008 Council Minutes O1/13/2009 Page 4 CC-2009-10 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 5-0, to accept the December 1, 2008 Minutes of the Historical and Cultural Activities Committee. 5B. Council Reports Mayor Pro Tern Lee Ann Garcia,wished everyone a happy new year. She reported that there were a couple of ribbon cuttings that the Chamber of Commerce held. Market night is coming up on Monday January 19, 2009. She attended the SANBAG meeting on behalf of Councilmember Cortes. Deborah Marmack gave a wonderful report on where the legislative work is. She feels that it is important to track legislation to know how the changes will impact the City. They did a RFP for the creation of a Consolidated Transportation Service Agency within the San Bernardino Valley. This is going to be primarily for social services and senior services. This will be important for our new senior center and feels that if there is going to be aboard we should be apart of it. The Omnitrans Board had a presentation on the SBX Project. This project is trying to get more people to get on transit as part of their everyday work life. This project will go from Cal State San Bernardino through E Street all the way down over by Loma Linda Hospital and the Veterans Hospital,running every 10 minutes. She indicated that with the recent earthquake, C.E.R.T. is on the ball and ready to go. She requested that Acting City Manager Berry share some information on the AM radio station. Acting_City Manager Berry, stated that this item will be brought to the City Council for approval on January 27, 2009. He indicated that it is an AM radio station that will be used as GT Radio. 24 hours a day information will be available in the event of an emergency we will be able to go live to distribute information. Mayor Pro Tern Garcia, reported that the next training for C.E.R.T. will be held in March. Information will be available on the website. She also reported that they take donations. Councilmember Bea Cortes, reported we received a letter indicating that we received the $100,000.00 grant for the bike lane. Building&Safety/Public Works Director Richard Shields,thanked Councilmember Cortes for her help. A lot of time and effort was put into this effort and he is thankful for getting the funds. Councilmember Cortes,thanked Building&Safety/Public Works Director Shield for all of his efforts as well as Craig Neustaedter. She requested that the meeting be adjourned in memory of Pauline Huntoon. Councilmember Jim Miller, reported that at the end of this month the Lion's Club will be celebrating their 35`"year in existence and they will be celebrating that at the Calimesa Golf Council Minutes 01/13/2009 Page 5 Course. Councilmember Walt Stanckiewitz, encouraged everyone to shop your local businesses. Relationships will develop and people will go the extra mile to give you more service than you can ever ask for. He is very supportive of C.E.R.T. He stated that he looked at Grand Terrace's list of priorities that was done last year and the number one item was a neighborhood % watch program. It appears that it didn't get off the ground and he would suggest that in the interim until there is a better way of getting it launched,that each person adopt a neighbor. He reported that he got to tour the Senior Center Housing project and feels that it is going to be a show piece for Grand Terrace. He can't wait to see it finished and feels that they are doing an excellent job. Mayor Maryetta Ferre,reported that she was out of town when we had the last earthquake. She appreciated that the Acting City Manager called her on her cell to keep her apprised of what was going on and that the C.E.R.T. group had gotten together and that everything was fine. PUBLIC HEARINGS 6A. An Ordinance of the City of Grand Terrace, Adding Chapter 15.58 Relating to Recycling and Diversion of Construction and Demolition Waste t Lynn Merrill, Lynn Merrill Consulting to Municipal Governments, San Bernardino, gave an overview of the proposed Ordinance. He indicated that AB 939 mandates that cities divert 50% of the solid waste going to landfills. This can be accomplishes through a variety of programs including curbside residential recycling and green waste programs, commercial recycling and waste reduction activities. This Ordinance will require construction and/or demolition projects to reduce the solid waste going to landfills. The CIWMB is strongly recommending the adoption of a C&D Ordinance as a continuing good faith effort to comply. Staff will continue to explore any and all programs for applicability to the City's effort to reach the 50% diversion goal. Mayor Ferre opened the Public Hearing for discussion, there being none, she returned discussion to the Council. CC-2009-09 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the first reading of an Ordinance of the City of Grand Terrace, Adding Chapter 15.58 Relating to Recycling and Diversion of Construction and Demolition Waste 6B. An Ordinance of the City Council of the City of Grand Terrace,California Rescinding the Traffic Circulation Fee Schedule(4.104)and Replacing it with a New Fee Structure Council Minutes 01/13/2009 Page 6 Craig N;., -Laedter,Consulting Traf fic Engineer,gave an overview of the proposed ordinance. He indic °d that the City currenL!y collects fees on new development to fund the cost to construe urastructure improvem�:tits needed to support the new development. The City has authorit, collect such development impact fees pursuant to Chapter 5,Section 66000 of the Californ Government Code. G ?e of the fees collected by the City is to fund arterial improve nts needed to complete the Circulation element for the City General Plan. The Arterial provement Fee was init: •11y adopted by the City in November 2005. On December 9, 2008 ti Council approved an adjustment to this fee to account for construction cost increase t order to remain in con,oliance with SANBAG eligibility requires for Measure I. Recentl: ity Staff has identified�.;-,'ditional arterial street improvements warranted due to new develop: of proposals, but not cc Bred by the current Arterial Improvement Fee. As such, a supple =.ntal fee is being recornmended to cover these additional improvements. He recomm led that the Council approve the first reading of the Ordinance. Mayor 1 -re opened the Public Hearing for discussion, there being none, she returned discussi( to the Council. CC-2009-10 b )TION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM C .RCIA, CARRIED 5-0, to approve the first reading of an Ordinance of the City C. ._incil ofthe City of Grand Terrace,California Rescinding the Traffic Circulation Fee �edule (4.104) and Replacing it with a New Fee Structure UNFINISHED USINESS 7A. S_ and Reading of an Ordinance of the city Council of the City of Grand Terrace, ( :ifornia Rescinding the Traffic Circulation Fee Schedule (4.104) and Replacing it N: li a New Fee Structure CC-2009-11 N )TION BY COUNCILMEMBER MILLER, SECOND BY COUNCILMEMBER C' 'RTES, CARRIED 5-0,to approve the Second Reading of an Ordinance of the city C ancil of the City of Grand Terrace,California Rescinding the Traffic Circulation Fee c 3edule (4.104) and Replacing it with a New Fee Structure NEW BUSINE`3: 8A. Rc view and Assign Representatives/Alternates to Various Organizations It was thu_ consensus of the Council to approve the following list of Organizations and Represen-,atives: Oninitrans: Representative: Lee Ann Garcia Alternate: Maryetta Ferre SLAG: Representative: Lee Ann Garcia Council Minutes 01/13/2009 Page 7 Alternate: Bea Cortes San Bernardino Valley Representative:Don Hough,Riverside Highland Water Water District Advisory Company Committee League of California Representative: Walt Stanckiewitz Cities Inland Empire Alternate: Maryetta Ferre Division SANBAG Representative: Bea Cortes Alternate: Maryetta Ferre Solid Waste Task Force: Representative: Maryetta Ferre Alternate: Steve Berry California Joint Powers Representative: Jim Miller Insurance Authority Alternates: Steve Berry, Tom Schwab (Board of Directors) San Bernardino County Representative: Maryetta Ferre Gang&Drug Task Force 8B. Consideration for a New Ad Hoc Advisory Subcommittee for the Economic Development Program CC-2009-12 MOTION BY COUNCILMEMBER STANCKIEWITZ,SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to establish a New Ad Hoc Advisory Subcommittee for the Economic Development Program comprised of two members of the City Council to review and discuss staff suggestions on Redevelopment and Economic Development (RED Team) programs for referral to the full City Council/Agency Board. CC-2009-13 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to appoint Councilmember Walt Stanckiewitz and Mayor Pro Tem Lee Ann Garcia to the Redevelopment and Economic Development (RED Team) Ad Hoc Advisory Subcommittee and Mayor Maryetta Ferre as the alternate. 8C. Budget Calendar for FY 2009-2010 CC-2009-13 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to accept staffs recommendation to hold the Prioritization Council Minutes O1/13/2009 Page 8 Workshop on February 24, 2009 at 4:00 p.m. in the Community Meeting Room prior to the regularly scheduled meeting and hold the Budget Workshop on May 12, 2009 at 4:00 p.m. in the Council Chambers prior to the regularly scheduled meeting . Mayor Ferre adjourned the meeting at 8:25 p.m., in memory of Pauline Huntoon, Mayor Ferre's mother,until the next CRA/City Council Meeting which is scheduled to be held on Tuesday,January 27, 2009 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace STAFF REPORT CRA (X) COUNCIL ITEM (X) JANURAY 27, 2009 FUNDING REQUIRED (X) SUBMITTED BY: Public Works and Community Development Departments SUBJECT: EXTENSION OF TIME FOR THE EXISTING STORMWATER DRAINAGE FACILITY MEMORANDUM OF UNDERSTANDING BETWEEN COLTON UNIFIED SCHOOL DISTRICT AND THE CITY OF GRAND TERRACE AND A PROJECT BUDGET APPROPRIATION RECOMMENDATIONS: Listed below BACKGROUND: On December 12, 2006, the City Council entered into a Memorandum of Understanding (MOU) with Colton Joint Unified School District (CJUSD) to install a 48 inch storm drain pipe in Pico Street starting at the school district's property and ending at City-owned property near Taylor Street. Currently, storm flows generated from upstream properties are conveyed through the school site via Pico Street. The original MOU has now expired. To keep the storm drain facility project moving forward, staff recommends that the MOU term be extended to March 1, 2010. CJUSD staff is also requesting an extension of time from the CJUSD board. The attached MOU, Section E, 2.2, reflects the new expiration date. The original MOU also included a City funding commitment of $130,000.00 toward the $377,487.50 Storm Drain Project, which has not yet been budgeted. Staff recommends that the City's portion be funded through the RDA undesignated available fund balance. Community Redevelopment Law allows the use of redevelopment funds for public improvements provided findings are approved documenting the public benefit derived from the project. Staff and the City Attorney have prepared the attached Resolutions as required for the Council and Agency Board approval. RECOMMENDATIONS: City Council: 1. Approve the attached MOU between CJUSD and the City to install a new stormwater drainage facility in Pico Street, extending the term to March 1, 2010. 2. Approve the attached City Council Resolution making certain findings and authorizing the use of RDA Funds for the project. COUNCIL AGENDA ITEM NO. Redevelopment Agency: 1. Approve the attached Redevelopment Agency Resolution making certain findings and authorizing the use of RDA Funds for the project. 2. Approve a $130,000 budget appropriation from the RDA undesignated available fund balance to fund the project as proposed. FISCAL IMPACT: There are sufficient funds in the RDA undesignated available fund balance to fund the project as proposed. ATTACHMENTS: 1. Stormwater Drainage Facilities Memorandum of Understanding 2. City Council Resolution 3. Redevelopment Agency Resolution STORMWATER DRAINAGE FACILITIES MEMORANDUM OF UNDERSTANDING This STORMWATER DRAINAGE FACILITIES MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into .by and between THE CITY OF GRAND TERRACE, a California municipal corporation ("City") and COLTON JOINT UNIFIED SCHOOL DISTRICT, a California public school district ("District"). The City and District are sometimes referred to herein individually as "Party" and collectively as "Parties." RECITALS: A. District and Community Redevelopment Agency of the City of Grand Terrace ("Agency") are parties to that certain School Site Purchase Agreement and Escrow Instructions dated as of January 12, 2006 ("School Site Purchase Agreement") pursuant to which District is to acquire certain real property located within the City upon which District intents to locate school facilities. The proposed school site is located north of Main Street, south of Van Buren Avenue, east of Taylor Street, west of Michigan Street in the City of Grand Terrace, State of California(the"School Site'). B. Currently, stormwater flows generated from upstream properties are conveyed through the School Site via Pico Street. However, the construction of school facilities on the School Site will require the vacation of Pico Street and will therefore create the need for a stormwater drainage facility to convey stormwater flows through the School Site to historic flow areas (the "Stormwater Drainage Facilities"). The Storm Water Drainage Facilities consists of the following major components: (1) inlet structures at the upstream end of the School Site to capture stormwater flows -from upstream properties; (2) a forty-eight (48) inch pipe ("Pipe") to convey stormwater flows collected at the inlet structures below the surface of the School Site; (3) outlet structures located at the downstream end of the School Site; and (4) a retention basin ("Retention Basin") into which the outlet structures shall discharge. The Retention Basin will be located on a portion of certain real property located immediately adjacent to the School Site and commonly known as Assessor's Parcel No. 1167-151-58. Said parcel is currently owned by the Agency, a portion of said parcel is to be conveyed the Agency to the District pursuant to the School Site Purchase Agreement, and the Retention Basin will be located on that portion of said parcel retained by the Agency after such conveyance. C. District shall, in conjunction with its construction of a school on the School site, pay for the costs of designing and constructing the Stormwater Drainage Facilities. The City shall reimburse the District, in the manner hereinafter set forth, for a portion of the costs of constructing the Stormwater Drainage Facilities. D. As more fully described in that certain "Preliminary Construction Cost Estimate — Pico Storm Drain" prepared by Epic Engineers dated August 2006, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference, the current estimated costs for construction of the Stormwater Drainage Facilities is Three Hundred Twenty-Eight Thousand Two Hundred Fifty Dollars and No Cents ($328,250.00) plus a fifteen percent(15%) contingency amount of Forty-Nine Thousand Two Hundred Thirty- Seven Dollars and Fifty Cents ($49,237.50), for a total estimated cost of Three Hundred Seventy-Seven Thousand Four Hundred Eighty Seven Dollars and Fifty Cents ($377,487.50) ("Total Estimated Construction Costs"). E. The Parties desire to enter this Agreement for the purpose of developing an understanding between the City and District for the design, construction, and funding of the Stormwater Drainage Facilities. NOW, THEREFORE, IN CONSIDERATION of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT: 1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and District have entered into this Agreement. City and District each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Effective Date. The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date ("Effective Date") all of the following are true: 2.1 This Agreement has been approved by the Parties respective governing boards or delegated representatives and signed by all Parties; and 2.2 Fee title to the School Site has been conveyed to District pursuant to the School Site Purchase Agreement. If the Effective Date has not occurred by March 1, 2010, then this Agreement shall be null and void and of no force and effect. 3. Design. 3.1 Stormwater Drainage Facility and Retention Basin. Within thirty (30) days of the Effective Date, and subject to approval by District's Board of Education, District agrees to enter into a contract with Epic Engineer to begin design of the Stormwater Drainage Facilities. The contract with Epic Engineers will require Epic Engineers to design the Stormwater Drainage Facilities under the existing WLC Architects, Inc. contract for the School Site, and based on the Citv of Grand Terrace Stormwater Layout, as prepared by Kicak and Associates (Work Order No. 12.428, 1989), in accordance with all applicable federal, state, and local laws, rules and regulations. The contract with Epic Engineers shall specify that Epic Engineers shall take into consideration the depth of the future San Bernardino 48-inch water supply pipeline to be installed in Taylor Street and shall design the Stormwater Drainage Facility so that they may be extended downstream in the future without impact to the water supply pipeline. 3.2 Costs of Design and Construction. Subject to reimbursement from the City as described in Section 5.2, District shall advance all costs and expenses associated with the design and construction of the Stormwater Drainage Facilities. 4. Issuance of License Approvals and Permits. Subject to the provisions of this Agreement, City agrees to issue all licenses, permits and approvals required to construct and/or install the Stormwater Drainage Facilities, including, without limitation, approvals necessary for the Stormwater Drainage Facilities to outlet onto the Retention Basin, upon normal and typical review of applications for such matters. The City shall not require the District to pay any fees or charges for the issuance of such licenses, approvals or permits. 5. Construction. 5.1 Stormwater Drainage Facilities. Subject to reimbursement from the City as described in Section 5.2, District shall be responsible for the construction of the Stormwater Drainage Facilities. District shall secure appropriate bids and award the contract to a qualified contractor for the construction of the Stormwater Drainage Facilities in compliance with all applicable federal, state, and local laws, rules and regulations. District shall complete construction of the, Stormwater Drainage Facilities before removal of existing flood way and public right-of-way. 5.2 Costs of Construction. At the completion of the construction of the Stormwater Drainage Facilities, District shall provide to City an invoice ("Invoice") for all costs related to construction of the Stormwater Drainage Facilities, together with supporting documentation for all item(s) shown thereon, including bills and copies of cancelled checks (front and back) evidencing District's payment of such costs. Within thirty (30) calendar days following City's receipt of the Invoice, City shall pay to District the amount of One Hundred Thirty Thousand Dollars and No Cents ($130,000.00). 6. Indemnification. 6.1 Indemnification by ity: City hereby agrees to defend, indemnify and hold free and harmless District and District's elected and appointed officals, officers, and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with City's actions under this Agreements, including any Worker's Compensations suits, liability or expense, arising from or connected with services performed on behalf of City by any persons pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. City's duty to indemnify District shall survive the termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its termination. 6.2 Indemnification by District: District herby agrees to defend, indemnify, and hold free and harmless City and City's elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with the District's actions under this Agreement, including any Worker's Compensation suits, liability, or expense, arising from or connected with services performed on behalf of District by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. District's duty to indemnify City shall survive the termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its termination. 6.3 Tort Indemnification: The Parties recognize that this Agreement is subject to the provisions of Section 895 et seq. of the Government Code. Pursuant to Section 895.4 of the Government Code, the Parties as part of this Agreement will provide for contribution or indemnification upon any liability arising out of the performance of this Agreement. Each Party shall defend, indemnify, and hold harmless the other Party, its directors, elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or administrative action of any federal, state, or local governmental body or agency, arising out of or incident to the performance of the Agreement and resulting from the negligence or wrongful act of that Party, its directors, elected officials, officers, employees, and agents. This indemnification includes, without limitation, the payment of all penalties, fines,judgments, awards, decrees, attorney's fees, and related costs and expenses relating to this section. 7. Termination for Cause. In the event that either Party defaults in the performance of this Agreement, the other Party shall have the option to terminate this Agreement upon thirty (30) days prior written notice to the defaulting Party. 8. Delivery of Notices an Other Communications. All notices and other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third Ic business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To City: City of Grand Terrace 22795 Barton Road Grand Terrace, California 92313-5295 Attn: City Manager Telephone: (909) 824-6621 Facsimile: (909) 783-7629 With a Copy to: Harper&Burns 453 South Glassell Street Orange, California 92866-1906 Attn: John R. Harper,Esq. Telephone: (714) 771-7728 Facsimile: (714) 774-3350 To District: Colton Joint Unified School District 1212 Valencia Drive Colton, California 92324-1798 Attn: Dennis Byas, Superintendent Telephone: (909) 580-5000 (x 6642) Facsimile: (909)433-9468 With a Copy to: Best Best&Krieger LLP 3 750 University Avenue Post Office Box 1028 Riverside, CA 92502 Attn: Kendall H. MacVey Telephone: (951) 686-1450 Facsimile: (951)682-7308 9. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, or partnership or joint venture, or any association between City and District, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein with respect to the matters contained herein, not shall this Agreement be construed, except as expressly provided herein, to authorize either Party to act as the agent for the other Party. 10. Resolution Without Arbitration. In the event any dispute arises over the terms of this Agreement, City and District Representatives shall meet and confer with the object of resolving such disputes within forty-eight (48) hours of the request of either Party. If, within seven (7) days, or such longer period as my be agreed upon by the Parties, the dispute cannot be resolved by the City and District Representatives to their mutual satisfaction, the City and District Representatives shall then convene a committee composed of themselves and two (2) members each of the City Council of City and Board of Education of District, selected by such legislative bodies, in their discretion. The committee shall meet as soon as possible to attempt to resolve the dispute to the mutual satisfaction of City and District. 11. Arbitration of Disputes. If the committee convened pursuant to Section 11 is unable to resolve any dispute between City and District within fourteen (14) days, or such longer period as may be agreed upon by the Parties, such disputes shall be decided by arbitration in accordance with the then current rules of the American Arbitration Association, unless the Parties mutually agree in writing otherwise. No arbitration shall include any party other than City and District and any other person substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in the arbitration. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of a demand for arbitration shall be filed with the other Party and with the American Arbitration Association within a reasonable time and in no event after the date on which legal or equitable proceedings based on such claim, dispute or matter in question would be barred by the applicable statute of limitations. 12. Severability. If any terms or provisions of this Agreement shall be held invalid or enforceable, the remainder of this Agreement shall not be affected. 13. Construction. This Agreement shall be interpreted in accordance with and governed by the laws of the State of California. The language contained herein shall be construed according to its fair meaning and not strictly for or against either Party. The paragraph headings are for purpose of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 14. Attomey's Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs an any other relief, the prevailing party shall be entitled to reasonable attorney's fees and costs. 15. Entire Agreement. The Agreement contains the entire agreement of the Parties with respect to the matters contained herein. No prior agreement or understanding of the Parties with respect to the matters referred to herein shall be valid or of any force or effect. 16. AssigpMent. This Agreement shall not be assigned without the written consent of the Parties, any assignment without such written consent shall be void and ineffective. S 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns to the Parties hereto. 18. Amendment to Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) set forth next to their respective signatures below. CITY OF GRAND TERRACE a California Municipal Corporation Date: By: Maryetta Ferre' Mayor ATTEST: City Clerk 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION AND . INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace ("Agency") desires and intends to construct and install public infrastructure improvements consisting of a storm water drainage facility, including a storm water retention basin, in the Grand Terrace Community Redevelopment Project(the"Project Area") with funding provided by the Redevelopment Agency of the City of Grand Terrace("Agency"); and WHEREAS, the lack of infrastructure improvements along Pico Street in the Project Area creates a blighting influence at the area and causes a deterrent to the physical and economic health of area by deterring new development in the Project Area, thereby constituting blight; and WHEREAS, the Pico Street Storm Water Drainage Facility Improvements will improve the utility of the surrounding land area, thereby benefiting the Project Area; and r-� WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace hereby: Section 1. That the Pico Street Storm Water Drainage Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means of financing the entire Improvements available to the community because the Pico Street Improvement Project is not within the budget of the City. Section 3. That consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490, the payment of funds for the Storm Water Drainage Facility Improvements will assist in the elimination of visual and economic blight and promote and a! enhance the revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. Section 4. The City Council hereby consents to the Redevelopment Agency of the City of Grand Terrace paying for all or part of the costs of the installation and construction of the Pico Street Storm Water Drainage Facility Improvements. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 27th day of January 2009 by the following vote: ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and the City Council thereof and the City Council thereof Resolution No. 2009- I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at,a regular meeting of the City Council of the City of Grand Terrace held on the 271h day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John R. Harper, City Attorney RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace ("Agency") desires and intends to construct and install public infrastructure improvements consisting of a storm water drainage facility, including a storm water retention basin, in the Grand Terrace Community Redevelopment Project(the"Project Area") with funding provided by the Redevelopment Agency of the City of Grand Terrace ("Agency"); and WHEREAS, the lack of infrastructure improvements along Pico Street in the Project Area creates a blighting influence at the area and causes a deterrent to the physical and economic health of area by deterring new development in the Project Area, thereby constituting blight; and WHEREAS, the Pico Street Storm Water Drainage Facility Improvements will improve the utility of the surrounding land area, thereby benefiting the Project Area; and WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the Community Redevelopment Agency of the City of Grand Terrace hereby: Section 1. That the Pico Street Storm Water Drainage Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means lof financing the entire Improvements available to the community because the Pico Street Improvement Project is not within the budget of the City. Section 3. That consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490, the payment of funds for the Storm Water Drainage Facility Improvements will assist in the elimination of visual and economic blight and promote and 1" enhance the revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Grand Terrace, California at a regular meeting held on the 27th day of January 2009 by the following vote: ATTEST: �l Secretary of the Community Redevelopment Chairperson of the Community Agency of the City of Grand Terrace Redevelopment Agency of the City of Grand Terrace Resolution No. 2009- I, Brenda Mesa, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 27`h day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John R. Harper, City Attorney 1'� 1 CALIFORNIA Staff Report Finance Department CRA ITEM( ) COUNCIL ITEM(IQ MEETING DATE: January 27, 2009 AGENDA ITEM To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Treasurer's Renort for Ouarter Ending September 30,2008 FUNDING REQUIRED NO FUNDING REQUIRED XXX L BACKGROUND; Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. INFORMATION I have attached the Quarterly Cash and Investments Report as of September 30, 2008. 1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council. 2. The City has the ability to meet its budgeted expenditures for the next six months. 3. The market values for funds held in money market funds and banking institutions do not change. The amounts listed as market value for these items are the same as the book value. 4. The book value for the LAIF Pool is the withdrawal value provided by the State Treasurer. 5. The market value of the funds held by the State LAIF Pool equates to the City's pro-rata share of the market value of the entire LAIF investment pool. 6. The fiscal agent provided the market values for investments held in their accounts. FISCAL IMPACT: There is no fiscal impact. Staff Recommends that Council: 1) Approve Quarterly Treasurer's Report for September 30, 2008 Enclosures: Treasurer's Report for September 30, 2008 COUNCIL AGENDA ITEM NO. City of Grand Terrace Cash a Investment Report 30-Sep-08 FUNDS IN INVESTMENT POOLS Book Par Market Yield Maturity California Asset Management Program 3,814,084 3,814,084 3,814,084 2.570% n/a State Treasurer-LAW City Account 51,326 51,326 51,326 2.770% n/a CRA Account 8,613,267 8,613,267 8,613,267 2.770% n/a TOTAL 12,478,677 12,478,677 12,478,677 INDIVIDUAL INVESTMENT INSTRUMENTS Financial Investors Trust 1,551,565 1,551,565 1,551,565 0.370% n/a US Bank Safekeeping FHLMC 0 .0 0 0.000% First American Treas Oblig Fnd 1,070,634 1,070,634 1,070,634. 1.420% n/a First American Govt MM/First Financial Equity 9,223 9,223 9,223 1.760% n/a TOTAL 2,631,422 2,631,422 2,631,422 Account Insured Other Total FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Maturity Bank of America General 0 1,297,063 1,297,063 0.000% n/a Bank of America Savings 100,165 0 100,165 1.900% n/a Bank of America Payroll 0 5,199 5,199 0.000% n/a Citibank CD 101,949 0 101,949 2.790% 8/6/09 Bancomer(formerly Valley Bank) CD 94,000 0 94,000 3.200% 6/8/0; TOTAL 296,114 1,302,262 1,598,376 GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 15,306,048 15,306,048 4.54 2.397% CASH 1,402,427 1,402,427 TOTAL 16,708,475 16,708,475 Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 97 COPS 388,505 388,505 388,505 1.420% n/a First American Treasury Obligations 04 TAB 1,301,637 1,301,637 1,301,637 1.420% n/a TOTAL TOTAL FISCAL AGENT 1,690,142 1,690,142 1,690,142 a 1 CALIFORNIA Staff Report Finance Department CRA ITEM O COUNCIL ITEM(X) MEETING DATE: January 27, 2009 AGENDA ITEM To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Treasurer's Report for Ouarter Ending December 31, 2008 FUNDING REQUIRED NO FUNDING REQUIRED XXX if BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. INFORMATION I have attached the Quarterly Cash and Investments Report as of December 31, 2008. 1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council. 2. The City has the ability to meet its budgeted expenditures for the next six months. 3. The market values for funds held in money market funds and banking institutions do not change. The amounts listed as market value for these items are the same as the book value. 4. The book value for the LAIF Pool is the withdrawal value provided by the State Treasurer. 5. The market value of the funds held by the State LAIF Pool equates to the City's pro-rata share of the market value of the entire LAIF investment pool. 6. The fiscal agent provided the market values for investments held in their accounts. FISCAL IMPACT: There is no fiscal impact. Staff Recommends that Council: 1) Approve Quarterly Treasurer's Report for December 31, 2008 Enclosures: Treasurer's Report for December 31, 2008 COUNCIL AGENDA ITEM NO.`- City of Grand Terrace Cash&Investment Report 31-Dec-08 FUNDS IN INVESTMENT POOLS Book Par Market Yield Maturity California Asset Management Program 3,834,989 3,834,989 3,834,989 1.740% n/a State Treasurer-LAW City Account 51,851 51,851 51,851 2.540% n/a CRA Account 11,052,379 11,052,379 11,052,379 2.540% n/a TOTAL 14,939,219 14,939,219 14,939,219 INDIVIDUAL INVESTMENT INSTRUMENTS - Financial Investors Trust 1,551,593 1,551,593 1,551,593 0.020% n/a US Bank Safekeeninca FHLMC 0 0 0 0.000% n/a First American Treas Oblig Fnd 1,071,595 1,071,595 1,071,595 0.270% n/a First American Govt MM/First Financial Equity 9,255 9,255 9,255 0.820% n/a TOTAL 2,632,443 2,632,443 2,632,443 Account Insured Other Total FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Maturity Bank of America General 0 188,468 188,468 0.000% n/a Bank of America Savings 10,098 0 10,098 1.100% n/a Bank of America Payroll 0 10,990 10,990 0-.000% n/a Citibank CD 101,949 0 101,949 2.790% 816109 Bancomer(formerly Valley Bank) CD 94,000 0 94,000 3.200% 6/8/09,r TOTAL 206,047 199,458 405,505 GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 17,767,611 17,767,611 3.37' 2.015% CASH 2O9,556 209,556 TOTAL 17,977,167 17,977,167 Financing FUNDS WITH-FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 97 COPS 374,469 374,469 374,469 0.270% n/a First American Treasury Obligations 04 TAB 1,305,265 1,305,265 1,305,265 0.270% n/a TOTAL TOTAL FISCAL AGENT 1,679,734 1,679,734 1,679,734 it '-a'?L(C!,J EC." b V E D CITY OF GRAND TERRACE ,JAN , ?.009 CRIME PREVENTION COMMITTEE Regular Meeting CITY OF GRAND TERRACE MINUTES CITY CLEF?► ; F"PARTMENT October 13, 2068 The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to order at 4:04 p.m. by Chairperson, Philomene Spisak. MEMBERS PRESENT were Chairperson, Philomene Spisak, Don Bennett, Peggy Reagan, Debra Hurst and JoAnn Johnson. MEMBERS ABSENT— Pat Smith, Lew Neeb and Marjorie Owens. CITY STAFF/SHERIFF'S DEPT.—None. GUESTS PRESENT—Steve Esmond, Citizen Patrol. INTRODUCTIONS—None. AGENDA was approved with motion by Debra Hurst and second by Don Bennett. �1 MINUTES for the meeting of September 8, 2008 were approved with motion by Debra Hurst and second by Don Bennett. PUBLIC COMMENT—None. CORRESPONDENCE—None. UNFINISHED BUSINESS A. Criminal Activities—No Report. B. Neighborhood Watch Program a. Grand Royal Estates had a presentation on October 6th. b. There will be a program on October 291h from 6:30 to 8:30 pm in the Community Room at City Hall. c. Philomene indicated that she would like to see local area Neighborhood Watch programs get started. d. She will talk to Steve Berry to see if he wants to pursue that possibility or not. e. There was considerable discussion on individual members of this committee who have informal programs in their own neighborhoods. NEW BUSINESS A. Crime Prevention Planning— Nothing new. COUNCIL AGENDA ITEM NO.�� REPORTS A. Summary of Law Enforcement Activity— Nino Mendoza—No report due to absence. B. Other Community Programs a. Debra reported on the new CERT class being given at Loma Linda Fire Station. There are five or six people from Grand Terrace who will probably be joining. b. CERT will be having a booth at the Halloween Haunt but will not be participating at the Country Fair the next day. c. CERT had a community rummage sale this past week end and made over$500. There is also a special collection of Delft ware that will be sold on e-Bay for additional funds. d. JoAnn indicated that the American Red Cross Traveling Gift Shop will be at the Senior Center on October 23`d from 9 to noon. e. She also reported the Gold and Silver recognition will be held at 11:30 on November 11 th. f. The Seniors will be hosting the Colton High School Jazz Band on November 141h at 10 o'clock C. Member Reports a. Debra reported that mail boxes are being pilfered during the evening. It is not believed that anything has been taken. b. Peggy reported on a little different purse snatching scheme. The purse is taken but rather soon a phone call is received indicating that the purse has been found. The purse is returned with only some of the money missing and all ID and credit cards are intact. Seemingly, nothing is wrong. However, weeks or months later charges are made on the credit cards. The purse snatcher has recorded all the numbers to be used later. c. Philomene said she will ask Steve Berry to attend a meeting so that some of our questions can be answered. ADJOURNMENT -There being no further business to discuss, the meeting was adjourned at 5:00 p.m. Secretary, JoAnn Johnson STAFF REPORT (CRA) COUNCIL ITEM(X-) JANUARY 13, 2009 SUBJECT: REPAIR AND RECONSTRUCTION ORDINANCE RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY COUNCIL HOLD FIRST READING OF ORDINANCE NO. BY TITLE ONLY,AND SCHEDULE.THE ORDIANCE FOR A SECOND READING AND ADOPTION AT THE REGULAR COUNCIL MEETING OF JANUARY 27,2009. NO FUNDING REQUIRED: ' (X') BACKGROUND: Currently, the 2007 California Building Code Chapter 34, Existing Buildings, does not provide for damaged structures to be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic standards. The inability to repair structures based upon the most recent industry knowledge, thus preventing or mitigating future —' unnecessary.damage or injury, is not in the best interest of the citizens we are tasked with assisting. This ordinance would authorize the Federal Emergency- Management Association (FEMA) to fund the repair and restoration of eligible government, non-profit facilities as well as privately funded structures.damaged in a presidentially declared disaster. The following model Ordinance has been drafted by a consortium of concerned organizations (CALBO, CA OES, CA State Seismic Commission, and other intersected stakeholders) that will assist building owners in repairing their structures to reasonably safe levels based upon current industry standards, which helps preserve our communities by preventing future losses. FEMA looks at certain criteria listed in the Stanford Act of Federal Regulations when reviewing and funding presidentially declared disasters which are as follows: 1. Apply the type of repair or restoration required (standards may be different for new construction and repair work); 2. Be appropriate to pre-disaster use of the facility; COUNCIL AGENDA ITEM NO* 3. Be found reasonable, in writing and formally'adopted and implemented by the state and local government applicable to the type of restorations; 4. Apply uniformly to all similar types of facilities within the jurisdiction of the owner of the facility; 5. For any standard in effect, at time of a disaster, it must have been enforced during the time it was in effect. More recently, FEMA has 'issued several interpretations on the above regulations paraphrased below: 1. Repair ordinances must apply "uniformly"to all occupancies regardless of the funding source, the owner, or the regulator. FEMA intends to play one disaster grant applicant off the other if regulations are not entirely applicable or enforced uniformly. FEMA insists that repair ordinances apply to both natural and man-made damage repairs for funding eligibility. 2. Repair ordinances must also apply both before and after disaster regardless of whether or not it is a federally declared disaster. 3. The reasonableness clause of FEMA''s regulations has also been the subject of FEMA's interpretations. If FEMA deems that a local or state-generated regulation is unreasonable, FEMA reserves the right to initially deny requests for Public Assistance funds on that basis. After recent disasters, some applicants have then been forced to appeal in these cases, creating delays and uncertainty about funding and repairs. In conclusion, for the provisions of this ordinance to be accepted by FEMA as the basis for funding of upgrades it must be demonstrated that as written and in actuality, as enforced, it meets the five criteria and has brought about implementation of predisaster mitigation measures, not just on the part of disaster damaged facilities, but all facilities and all work,including repairs and renovations. RECOMMENDATIONS: Staff recommends that the City Council approve the attached ordinance that amends Chapter 34 of the 2007 California Building providing criteria for accounting for upgrades in wind-and seismic standards insuring structural safety. FISCAL IMPACT: In the event of a natural and or manmade disaster the financial impact for the federal government and the state could go well into the millions of,dollars. The amount would depend on the size and scope of the event. Without this ordinance, the City of Grand P Terrace and its citizens may not be eligible for FEMA funding for repairs or reconstruction of existing damaged buildings. i REPAIRS AND RECONSTRUCTION MODEL ORDINANCE (Amending the 2007 California Building Code [based upon the 2006 IBC]) ORDINANCE NO. AN ORINANCE OF THE CITY OF GRAND TERRACE AMENDING CHAPTER , 15.09.20 CALIFORNIA EXISTING BUILDING CODE, TITLE 15 CHAPTERS 15.09.20 OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO REPAIRS OF DAMAGED STRUCTURES. - The City Council of the City of Grand Terrace, State of California, does ordain as follows: Title 15, Chapter 15.09.20 of the City of Grand Terrace Municipal Code is amended to read as follows: Chapter 15.09.20, AMENDMENTS TO THE CALIFORNIA EXISTING BUILDING CODE. Chapter 15.0930,ADOPTION AND INTENT This chapter establishes regulations as amended to the building code for the expeditious repair of damaged structures. In the event an amendment to the California Building Standards Code result in differences between these building standards and the California Building Standards Code, the text of these building standards shall govern. In accordance with California Health and Safety Code Section 17958.7 express findings that modifications to the California Building Standards Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to the effective date of ordinance codified in this article. In accordance with California Government Code Section 50022.6, at least one true copy of the California Building Code has been on file with the City Clerks office fifteen (15) days prior to enactment of the ordinance codified in this Article. While this Article is in force, a true copy of this Chapter shall be kept for public inspection in the office of the City Clerk. A reasonable supply of this Chapter shall be available in the office of the City Clerk for public purchase. Chapter 15.09.40,DEFINITIONS For the purpose of this chapter, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2007 California Building Code(CBC): Substantial Structural Damage. A condition where: 1. In any story, the vertical elements of the lateral-force-load resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or 1 2. The capacity of any vertical gravity load-carrying component, or any group of such components, that support more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose,and location. �) Chapter 15.09.50 REPAIRS For the purpose of this chapter, the following repair requirements are hereby added as a new Subsection 3403.5 to 3403 Additions, Alterations or Repairs in the 2007 California Building Code (CBC). 3403.5.1 Repairs.Repairs of structural elements shall comply with this section. 3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 3403.5.1.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings' (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in -� Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3. 3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level,they shall be one of the following: 1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Intermediate"or"special". 2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ACSE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2. 2 TABLE 3403.5.1.1.2 ASCE 41 AND ASCE 31 PERFORMANCE LEVELS OCCUPANCY CATIGORY PERFORMANCE LEVEL FOR USE WITH PEFORMANCE LEVEL FOR USE (BASED ON IBC TABLE ASCE 31 AND WITH ASCE 41 BSE-1 WITH ASCE 41 BSE -2 1604.5) EARTHQUAKE EARTHQUAKE HAZARD LEVEL HAZARD LEVEL _ I Life Safety(LS) Collapse Prevention(CP) 11 Life Safety(LS) Collapse Prevention(CP) III Note(a) Note(a) IV Immediate Occupancy(IO) Life Safety(LS) a.Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category H and Occupancy Category IV. 3403.5.1.13 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced code levels,they shall be one of the following: 1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor used for factor as specified in Section 3403.5.1.1.2. 2. In accordance with the applicable chapters in Appendix A of the International r Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or l portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code forces levels. 2.1 The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter Al. 2.2 Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I and II are permitted to be based on the procedures specified in Appendix Chapter A2. 2.3 Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-framed wood construction in Occupancy Category I and II are permitted to be based on the procedures specified in Appendix Chapter A3. 2.4 Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I and H are permitted to be based on the procedures specified in Appendix Chapter A4. 2.5 Seismic evaluation and design of concrete buildings and concrete with masonry inf111 buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3 3. In accordance with ASCE 31 based on the,applicable performance level as shown in Table 3403.5.1.1.2. . . 4. Those associated with BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sxi-shall not be less than 75 percent of the respective design, spectral response acceleration parameters Sns'and 91)1 defined by the International Building Code and its reference standards. - 3403.5.1.2 Wind design. Wind design of existing buildings shall be based on the procedures specified in'the building code. 3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section. 3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 3403.5.2.2 Substantial structural damage to vertical elements of the force-resisting systems. A building that has sustained substantial structural damage to the vertical elements of its lateral-force-resisting system shall- be evaluated and' repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. 3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to.the code official. The evaluation shall establish whether the damaged building,if repaired to its pre- damaged state, would comply with the provisions of the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in the code Section 3403.5.1.1.3. 34035.2.2.2 Extent of repair for compliant buildings. If the evaluation established compliance of the pre-damaged building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre_ damaged state,using materials and strengths that existed prior to the damage. 3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does not establish compliance of the pre-damage building in accordance,with Section 3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind or seismic forces. The wind design level for the repair shall be as required by the building-code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the of the original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the predamaged building, but not less than the reduced 4 level seismic forces specified in Section 3403.5.1.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings and similar structure, purpose, and location. 3403.5.2.3 Substandard structural damage to vertical load-carrying components. Vertical load-carrying components that have sustained substantial damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load-carrying components that receive dead or live loads of the rehabilitation components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure,purpose, and location. 3403.5.23.1 Lateral force-resisting elements. .Regardless of the level of damage to vertical elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non-compliant, rehabilitated in accordance with Section 3403.5.2.2.3. ' 3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damaged r� state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure,purpose,and location. 3403.5.3 Referenced Standards Standard Referenced Reference In Code Number Title Section Number ASCE 31-03 Seismic Evaluation of Existing Buildings 3403.5.1.1.1, Table 3403.5.1.1.2, 3403.5.1.1.3 ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1, 3403.5.1.1.2, 3403.5.1.13 5 ORDINANCE NO. ORDINANCE OF THE CITY OF GRAND.TERRACE, ADDING CHAPTER 15.58 RELATING TO RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE The City Council of the City of Grand Terrace does hereby enact as follows: Chapter 15.58 Recycling and Diversion of Construction and Demolition Waste is hereby added to the City of Grand Terrace Municipal Code to read as follows: Chapter 15.58 Recycling and Diversion of Construction and Demolition (C&D) Waste Section 15.58.010 Findings and Statement,of Intent Section 15.58.020. Definitions Section 15.58.030. Diversion Requirement Section 15.58.040. Diversion Requirement Exemption Section 15.58.050. Threshold Section 15.58.060. Waste Management Plan Section 15.58.070. Performance Security Required Section 15.58.080. On-Site Practices Section 15.58.090. Reporting Section 15.58.100. Violations Section 15.58.110. Appeals Section 15.58.010 Findings and Statement of Intent RESOLVED, by the City Council of the City of Grand Terrace, California, that: WHEREAS, under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.),-the City of Grand Terrace is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day; 1 of 12 COUNCIL AGENDA ITEM NO. -7v,) WHEREAS, in order to meet these goals it is necessary that the City promote the reduction of solid waste, and reduces the stream of solid waste going to landfills; and WHEREAS, waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City of Grand Terrace and much of this waste is particularly suitable for recycling and reuse; WHEREAS,the City's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition(C&D) waste; WHEREAS, certain types of projects are exempt from these requirements; NOW,THEREFORE, THE CITY OF GRAND TERRACE, CALIFORNIA, ORDAINS THAT: Chapter 15.58 is added to the City of Grand Terrace Municipal Code. Section 15.58.020 Definitions (a)"Applicant" means any individual, firm, limited liability company, association, partnership,political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City. (b)"C&D Recycling Center" means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual(disposed) amount of waste in the material is less than 10% of the average weight of material separated for reuse received by the facility over a one month period. (c)"City-sponsored project" means a project constructed by the City or a project receiving twenty-five percent or more of its financing from the City. (d)"Class III Landfill" means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting'from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Integrated Waste Management Board (CIWMB) and is regulated by an Enforcement Agency (EA). (e)"Construction" means the building of any facility oristructure or any portion thereof including any tenant improvements to an existing facility or structure. (f)"Construction and Demolition Material" (C&D Material) means building materials and solid waste resulting from constriction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations. Title 22 Section 66261.3 et sea. This term includes, but is not limited to, asphalt, concrete, t J�,-� �s.-: Ph 1 k.�i. �✓'d a1.r�3�J .. 2 of 12 Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development proj ects. (g) "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in the Waste Management Plan. r y (h)"Covered Project" shall mean the following: (1) "Private Projects" - All construction, renovation and demolition Project where the total square footage is 1,000 square feet or greater and which require the submission of plans, drawings or specifications to any City Department for review and approval. (2) "City-Sponsored Projects"- All City-sponsored construction, demolition and renovation Projects, including any project in which at least twenty-five percent of the project funding is provided by or through the City. (i)"Deconstruction" means the careful dismantling of buildings and structures in order to salvage as much material as possible. 0)"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. (k)"Disposal' means the final deposition of construction and demolition or inert material, including but not limited to: (1) - stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days, or, (2) - stockpiling onto land of construction and demolition material that has been sorted for further processing,or resale, if such stockpiling is for a period of time greater than one year, or, (3) - stockpiling,onto land of inert material that is for a period of time greater than one year, or, (4) - disposal of construction and demolition or inert material to a landfill. (1)"Diversion Requirement" means the projected diversion, by weight, of the total Construction and Demolition Material generated by a Project via reuse or recycling. (m) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. 3of12 (n)"Enforcement Agency (EA)" means an enforcement agency as defined in Public Resources Code 40130. (o)"Inert Backfill Site" means any location other than an inert landfill or other disposal facility to which inert materials are taken for the purpose of filling an excavation, shoring, or other soils engineering operation. (p)"Inert Disposal Facility/Inert Waste Landfill" means a disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal, (q)" Inert waste" means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt. "Inert waste" does not include any waste that meets the definition of"designated waste," as defined in Section 13173 of the Water Code', or "hazardous waste" as defined in Section 40141 of the Public Resources Code. (r)"Mixed Material" means loads that include commingled recyclables and non- recyclable materials generated at the project site. (s)"Mixed Material Recycling Facility" means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering re-usable and recyclable materials and disposing the non-recyclable residual materials (t)"Performance Security" means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or restricted bank account, provided to the City pursuant to Section 15:58.07. (u)"Post-Consumer Material as defined in Public Contract Code Section 12200(b) means "a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes." Post-Consumer Material is generally any product that was bought by the consumer, used, and then recycled into another product. (v)"Project" means any activity which requires an application for a building or demolition :permit or any similar permit from the City. (w)"Recycled Product" as defined in Public Contract Code Section 12200(a) means "all materials, goods, and supplies with no less than 50 percent of the total weight of which consists of secondary and Post-Consumer Material with not less than 10 percent of its total weight consisting of Post-Consumer Material." This definition applies to paper products, plastic products, compost and co-compost, glass products, lubricating oils, paints, solvents, retreaded tires, tire-derived products, and steel products. A recycled product also includes products that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form. (x)"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a 4 of 12 new product. Recycling does not include burning, incinerating, or thermally destroying solid waste. (y)"Renovation" means any change, addition or modification in an existing structure. (z)"Reuse" means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded. (aa)"Salvage" means the controlled removal of Construction and Demolition Material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse. (bb)"Sanitary Wastes" means materials that require special handling procedures such as liquid wastes including domestic sanitary sewage. (cc) "Secondary Material" as defined in Public Contract Code section 12200(c) means "fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes Post- Consumer Material, but does not include excess virgin resources of the manufacturing process." This material did not,reach the consumer prior to being recycled. (dd)"Sediment" means soil and other material that has been eroded and transported by storm'or well production runoff water. (ee)"Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid.waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted - products which meet the quality standards necessary to be used in the marketplace, and includes-Source Separated Materials. (ff)"Solid Waste" as per Public Resources Code Section 40191 means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid Waste" does not include any of the following wastes: (1) Hazardous waste, as defined in PRC Section 40141. (2) Radioactive waste regulated pursuant to the Radiation Control Law [Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code]. (3) Medical waste regulated pursuant to the Medical Waste Management Act [Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code]. (gg) Source Separated Materials" means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the purpose of 5of12 recycling i.e. loads of concrete that are source-separated for delivery to a recycling facility. (hh)"Virgin Material" means the portion of the product made from non-recycled material, that is, the material that is neither post-consumer nor secondary material. (ii) "Waste Hauler" means a company that possess a valid permit from the City of Grand Terrace to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Grand Terrace's name. Oj)"Waste Management Plan" (WMP) means a completed Waste Management Plan form, approved by the City for the purpose of compliance with this Article, submitted by the Applicant for any Covered or Non-covered Project. (kk)"Waste Management Plan Compliance Official" means the Director of Public Works or his or her designee. Section 15.58.030 Diversion Requirement It is required that at least sixty percent of the estimated tonnage of Construction and Demolition Material generated from each Covered Project shall be Diverted from Disposal. The sixty percent of the estimated tonnage of Construction and Demolition Material shall not include any Inert Materials that are disposed in an Inert Backfill Site. Section 15.58.040 Diversion Requirement Exemption A. Application: If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for a diversion requirement exemption at the time that he or she submits the WMP required under Section 15.58.060. (Waste Management Plan) of this Ordinance. B. Meeting with Compliance Official: The WMP Compliance.Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss feasible ways of meeting the diversion requirement. Based on the information supplied by the Applicant,the WMP Compliance Official shall determine whether it is feasible for the Applicant to meet the Diversion Requirement. C. Granting of Exemption: If the WMP Compliance Official determines that it is infeasible for the Applicant to meet the Diversion Requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement that the Applicant shall be required to meet, and will inform the Applicant in writing of the new requirement. The Applicant shall then have 15 days to resubmit another WMP, which is in compliance with the new diversion requirement. If the Applicant fails to resubmit, or if the resubmitted WMP does not comply with Section 15.58.060 (Waste 6of12 Management Plan), the WMP Compliance Official shall disapprove the WMP in accordance with Section 15.58.060 (Waste Management Plan). D. The following are categorically exempt from the requirements of this Chapter: 1. Work for which a building or demolition permit is not required. 2. Roofing projects that do not include tear-off of existing roof. 3. Work for which only a plumbing, electrical, or mechanical permit is y required. 4. Seismic tie-down projects. 5. Projects where no structural building modifications are required. 6. Emergency demolition required to protect the public health and safety. 7. Other work as determined by the City Manager or his designee based on their review of the record or facts. Section 15.58.050 Thresholds for Covered Proiects A. Covered Projects (Construction and Renovation): All construction and renovation projects within the City that are five hundred square feet or greater shall comply with Chapter 15.58, and shall submit a Waste Management Plan prior to beginning any construction or demolition activities, and shall be subject to the provisions of this Chapter. Failure to comply with any of the terms of Chapter 15.58 shall subject the Project Applicant to the full range of enforcement mechanisms set forth in Section 15.58.100 (Fines/Penalties) below. B. Covered Projects (Demolition): All demolition projects within the City that are five hundred square feet or greater shall comply with Chapter 15.58, and shall submit a Waste Management Plan prior to beginning any demolition activities, and shall be subject to the provisions of this Chapter. Failure to comply with any of the terms of Chapter 15.58 shall subject the Project Applicant to the full range of enforcement mechanisms set forth in Section 15.58.100(Fines/Penalties) below. C. Non-Covered Projects(Construction and Renovation): Applicants for construction and renovation projects within the City whose projects that are less than five hundred square feet are not required, but shall be encouraged, to divert at least sixty percent of all project-related construction and demolition waste. D. Non-Covered Projects (Demolition): Applicants for demolition projects within the City whose projects are less than five hundred square feet are not required, but shall be encouraged, to divert at least sixty percent of all project-related demolition waste. E. City-sponsored Projects (Construction and Renovation): All City-sponsored construction and renovation projects shall submit a Waste Management Plan prior to beginning any construction or demolition activities, and shall be subjected to the provisions of this Chapter. 7of12 F. City-sponsored Projects (Demolition): All City-sponsored demolition projects shall submit a Waste Management Plan prior to beginning any demolition activities, and shall be subjected to the provisions of this Chapter. G. Deconstruction/Salvage Interval for Covered Demolition Projects - Every Covered Project that involves demolition shall be made available for Deconstruction and/or Salvage prior to Demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. In order to provide sufficient time for Deconstruction and/or Salvage, no demolition may take place until a period of 10 working days has elapsed from the date of issuance of the demolition permit. Recovered and salvaged material from every project shall qualify to be counted in meeting diversion requirements of Section 15.58.030 (Diversion Requirement). Recovered or salvaged recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale. The Applicant shall provide written supporting documentation such as letters of donation, bills of sale or other information with the final submission of the Waste Management Plan results that shall clearly document the final destination of the recovered or salvaged materials, the quantity or items that were recovered or salvaged, and the recipient of those materials. H. Compliance with this Chapter shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project. Section 15.58.060 Waste Management Plan Prior to starting the project, every Applicant shall submit a properly completed"Waste Management Plan" (WMP) to the WMP Compliance Official, in a form as prescribed by that Official, as a portion of the building or demolition permit process. The completed WMP shall contain the following: A. The square footage of the proposed project; B. The estimated weight of project waste to be generated by material type; C. The maximum weight of such materials that can feasibly be diverted via Reuse or Recycling by material type; D. The vendor(s) that the applicant proposes to use to haul the materials; E. The facility(s)that the materials will be hauled to, and their expected diversion rates by material type; F. Estimated weight of construction and demolition waste that will be disposed. Because actual material weights are not available in this stage, estimates are used. In estimating the weight of materials as identified in the WMP, the Applicant shall use the standardized conversion rates approved by the City of Grand Terrace for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above, and finds the rate does not meet the diversion 8of12 S goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete. a. APPROVAL: No building or demolition permit shall be issued for any Covered Project unless and until the WMP Compliance Official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. The WMP Compliance Official shall only , approve a WMP if he or she determines that all of the following conditions have been met: 1. The WMP provides all of the information set forth in this section. 2. The WMP indicates that sixty percent of all C&D waste generated by the project shall be diverted(or new diversion goal set in accordance with the Applicant's approved Diversion Exemption request); and 3. The Applicant has submitted an appropriate Deposit for the project. b. NON-APPROVAL: If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that at least sixty percent (or new diversion goal set in accordance with the Applicant's approved Diversion Exemption request) of all C&D waste generated by the project will be diverted, he or she shall either: 1. Return the'WMP to the Applicant marked"Disapproved", including a statement of reasons, and will notify the building department, which shall then.immediately stop processing the building or demolition permit application, or 2. Return the WMP to the Applicant marked"Further Explanation Required." Section 15.58.070 Performance Securitv Required As a condition precedent to the issuance of any permit for construction or demolition for a Covered Project, the Applicant shall post a Performance Security(cash, letter of credit, performance or surety bond, money order) in the amount of one dollar for each estimated square foot, but not less than fifty dollars. The Performance Security shall be returned, without interest, in total or pro-rated, upon proof of satisfaction by the WMP Compliance Official that no less than the required percentage of Construction and Demolition Material tonnage generated by the Covered Project has been diverted from Disposal and has been Recycled or Reused or stored for later reuse or recycling. If a lesser percentage of Construction and Demolition Material tonnage than required is diverted, a proportionate share of the Performance Security shall be returned. The Performance Security shall be forfeited entirely or to the pro-rated extent that there is a failure to comply with the requirements of this chapter. The City may, by formal resolution, modify the amount of the required Performance Security. Section 15.58.080 On-site Practices 9 of 12 0 During the term of the Covered Project, the Applicant shall recycle and reuse the required percentage of waste, and shall keep records of the tonnage or other measurements approved by the City that can be converted to tonnage amounts. The WMP Compliance Official will evaluate and may monitor each Covered Project to determine the percentage of Construction and Demolition Materials salvaged, recycled or reused from the Covered Project as well as the tonnage of materials that was subject to Disposal. For Covered Projects including both Construction and Demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition r projects, on-site separation shall include salvageable materials(e.g., appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete and corrugated cardboard. Under no condition shall the on-site practices, including but not limited to the process of separating materials on-site, storage of separated materials or other activities under this Chapter violate the Areawide Urban Storm Water Runoff Permit for San Bernardino County and the Incorporated Cities, NPDES Permit No. CAS618036 or subsequent Permits as adopted by the Santa Ana Regional Water Quality Control Board. Section 15.58.090 Reporting Within 15 calendar days following the completion of the Demolition phase of a Covered Project, and again within 15 calendar days following the completion of the Construction phase of a Covered Project, the applicant shall, as a condition precedent to final inspection and to issuance of any Certificate of Occupancy or final approval of project, submit documentation to the WMP Compliance Official that proves compliance with the requirements of Sections 15.58.060 (Waste Management Plan) and 15.58.030 (Diversion Requirement). The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. In addition, where materials were recovered or salvaged recyclables and reusable materials were given away or sold on the premises, or removed to a reuse facility for storage or sale,,the Applicant shall provide written supporting documentation such as letters of donation, bills of sale or other information that shall clearly document the final destination of the recovered or salvaged materials, the quantity or items that were recovered or salvaged, and the recipient of those materials. Receipts and weight tags will be used to verify whether waste generated from the Covered Project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing'is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City for this purpose. 10 of 12 A R' If a Covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP Compliance Official before issuance of a building permit for the Construction phase of a Covered Project. In the event that a Covered Project does not generate any waste or recyclable materials, the applicant may submit a letter stating that no waste or recyclable materials were generated from the Covered Project, in which case this statement shall be subject to ' > verification by the WMP Compliance Official. Said letter shall contain the following statement: "The undersigned hereby certifies that, to the best of his/her knowledge, that the above provided information is correct; that the undersigned understands that the submission of any known false statements regarding the generation of no waste or recyclable materials from the project shall be subject to civil penalties as set forth in Chapter 15.58 of the City of Grand Terrace Municipal Code." Section 15.58.100: Violation Violation of any provision of this Chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorney's fees and costs from an Applicant who is determined by a court of competent jurisdiction to have violated this Chapter. In the event that an Applicant who would be subject to the requirements set forth in this Chapter, fails to comply with Section 15.58.060 (Waste Management Plan), prior to commencement of work on a Covered Project, shall be fined the equivalent of three times the amount of deposit that would have been required under Section 15.58.070 (Deposit Required), and shall be subject to a "Stop Work" order issued by the City until such WMP is submitted as required. Such fine shall be separate from the deposit required under Section 15.58.070 (Deposit Required) and in addition to the fines set forth herein Section 15.58.100 (Violations). At minimum, any deposit posted pursuant to Section 15.58,070 (Deposit Required) shall be forfeited if the applicant does not meet the timely reporting requirements of Section 15.58.090 (Reporting), or does not comply with any other requirements of this Chapter. Section 15.58.110 Appeals Any decision issued by the Waste Management Plan Compliance Official may be appealed by submission of a written appeal to the City Manager within 10 calendar days from the date of the decision. 11 of 12 1 1 This ordinance is hereby PASSED and ADOPTED by,the City Council of the City of Grand Terrace at a regular meeting of the City Council on the day of , 2009. Mayor City Clerk ............................ ............................................................... ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE ORDINANCE NO. ...................................,........................................................... 1 I, City Clerk of the City of Grand Terrace do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council, held on the day of 2009 and adopted thereafter at a regular meeting of the City Council, held on the day of 2009 by the following vote: Ayes: Noes: Abstained: Absent: City Clerk Published: (insert date) 12 of 12 Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA RESCINDING THE TRAFFIC CIRCULATION FEE SCHEDULE (4.104) AND REPLACING IT WITH A NEW FEE STRUCTURE. WHEREAS, Grand Terrace is continuing to experience new development of its vacant parcels as well as additions to and some replacement and remodeling of existing buildings; and WHEREAS, the rate of construction and growth continues to drive the demand for municipal services which in turn generate the need for expansion of the City's public facilities in order to provide these services; and WHEREAS, the City of Grand Terrace master facilities plan indicates that in order to accommodate future growth capital projects are needed including street and traffic signal improvements; and WHEREAS, the City of Grand Terrace in cooperation with San Bernardino Associated Governments (SANBAG) has conducted an extensive analysis in accordance with Chapter 5, Section 66000 of the California Government Code of potential new development, identified anticipated capital improvements needed to accommodate future growth, estimated the cost of these improvements, and identified a potential beneficiaries of these improvements; and WHEREAS, the City of Grand Terrace wishes to supplement the current Arterial Improvement Fee to fund additional operational improvements not identified in the original SANBAG Nexus Study; and WHEREAS, notice of public hearing has been provided per Government Code Section 6062a, oral and written presentation made and received, and the required public hearing held; and WHEREAS, pursuant to California Government Code Section 60623a, a general explanation of the hereinafter contained in schedule of fees and charges has been published as required; and WHEREAS, all requirements of California Government Code Section 6600 et. seq. are hereby found to have been complied with; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAINED AS FOLLOWS: Rescinding the fees and Table "B" in Chapter 4.104.050 and replace with the following: COUNCIL AGENDA ITEM NO. A Arterial Improvement Fee Single-Family Homes and Multi-Family Homes (per Unit) 1. Detached Dwelling Units $4511.70 2. Attached Dwelling Units $2762.82 Retail 1. Retail (TSF-GLA) $10127.93 (per thousand square feet of gross leasable area) Industrial/warehouse 1. Industrial/warehouse (TSF-GFA) $3284.54 (per thousand square feet of gross floor area) Office 1. Office (TSF-GLA) $5193.80 (per thousand square feet of gross leasable area) See attached new Table "B" ATTEST: City Clerk of the City of Mayor of the City of Grand Terrace Grand Terrace and of the and of the City Council thereof City Council thereof I, BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: U} City Clerk Brenda Mesa Approved as to form: City Attorney John Harper TABLE B ARTERIAL IMPROVEMENT COST ESTIMATES Item Street: From: To: Estimated Cost Local Growth Fee Component Chargeable 1 Barton Road 1-215 overcrossing $5,746,082.00 0.40 $2,298,433.00 2 Barton Road S.P.R.R. 1-215 overcrossing $1,796,485.00 0.40 $718,594.00 3 Barton Road(e.b.) Honey Hill Drive N.E.City Limits $1,013,642.00 0.40 $405,457.00 4 Barton Road(w.b.) Honey Hill Drive N.E.City Limits $1,520,462.00 0.40 $608,185.00 5 Michigan Street Barton Road Commerce Way $462,844.00 0.40 $185,138.00 6 Michigan Street Commerce Way De Berry Street $742,297.00 0.40 $296,919.00 7 Main Street S.F.R.R. S.P.R.R. $226,224.00 0.40 $90,490.00 8 Mt.Vernon Avenue Barton Road 700 ft. North of Minona Drive $616,294.00 0.40 $246,518.00 - 9 Mt.Vernon Avenue Canal Street N.City Limits $578,036.00 0.40 $231,214.00 10 lCommerce Way 900 ft.North of De Berry St. Pico Street $10,820,161.00 1.00 $10,820,161.00 11 lCommerce Way Pico Street Main Street $3,568,351.00 1.00 $3,568,351.00 SUBTOTAL $27,090,878.00 $19,469,460.00 OPERATIONAL IMPROVEMENT PROGAM COST ESTIMATES Item Street: From: To: Estimated Cost Local Growth Fee Component Chargeable 1 Barton Road Vivienda Avenue Mt.Vernon Avenue $333,870.00 0.82 $273,773.00 2 Mt.Vernon Avenue @ Pico Street lAdd NB Right turn lane $201,282.00 0.82 $165,051.00 3 Mt.Vernon Avenue @ Barton Road lAdd NB and EB Right turn lanes $696,163.00 0.82 $570,854.00 SUBTOTAL $1,231,315.00 $1,009,678.00 TOTAL FEE CHARGEABLE $20,479,138.00 1 w CALIFORNIA Staff Report Finance Department CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: January 27, 2009 AGENDA ITEM To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Ouarterly Financial Uudate through December 31, 2008 FUNDING REQUIRED NO FUNDING REQUIRED XXX BACKGROUND: Council has requested that staff provide a quarterly financial update. The first quarterly update for the current fiscal year 2008-09 was completed through December 31, 2008 and such results are presented for your review. INFORMATION The financial data of Revenue and Expenditures has been summarized and categorized for your convenience due to the large amount of raw data Total Revenue by Fund and Total Expenditures by Fund through December 31, 2008 and December 31, 2007 are presented for comparative purposes. Historically, most revenues are received in the second half of the fiscal year. General Fund Revenues through December 31, 2008 amounted to $1,216,943 compared to$1,760,355 for the six months ended December 31 in the previous fiscal year. The major difference can be attributed to a one time$500,000 franchise transfer payment in the previous fiscal year. General Fund Expenditures through December 31,.2008 amounted to $2,562,727 compared to $3,153,670 for the six months ended December 31 in the previous fiscal year. The major difference can be attributed to the posting of half the estimated overhead cost allocation, amounting to a credit of$399,157 to the General Fund, which was not done in the previous fiscal year until June when the entire overhead cost allocation was posted. COUNCIL AGENDA ITEM NO. w 2 Analysis of General Fund Revenues Revenue Budget Est. Budget Received Revenue Est. Through Rev % 12-31-08 Property Taxes 1,492,946 27.3% 180,382 Franchise Fees 410,000 7.4% 73,261 Sales Tax/Triple Flip 971,383 17.7% 1 303,769 r MVLF 63,617 1.1% 15,750 Child Care 1,126,797 20.5% 442,283 Bldg/Plan Fees 87,576 1.6% 41,843 Use of Money Property 393,150 7.1% 82,841 Other Fees 430,406 7.8% 64,515 Cap Lease 300,000 5.4% 0 Other 194,283 4.1% 12,299 Total 5,470,158 100% 1,216,043 General Fund Revenue has been summarized above by major types. It has been noted that revenues from state subventions have been coming in very slowly. Staff also noted that property tax revenue received for the city is down at December 31, 2008, however the CRA property tax increment revenue received through the same period is much greater than the previous year. - The financial information was compiled from the EDEN financial accounting system at December 31, 2008 and has not been audited or reconciled. FISCAL IMPACT: There is no fiscal impact. Staff Recommends that Council: 1) Approve Quarterly Financial Update through December 31, 2008 Enclosures: 1) City and CRA Revenues for Six Months ended 12-31-08 2) City and CRA Expenditures for Six Months ended 12-31-08 City of Grand Terrace Revenues {1 and Community Redevelopment Agency Revenues Budget Year FY 2008-09 For Six Months FYTD 12-31 -2008 City of Grand Terrace Revenue Report for Six Months July 1, 2008 through December 31,2008 50.0%of FY Completed %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Deco) FUND Adiusted Received Balance 96 Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12131107 GENERAL FUND TOTAL 5,470,158 1,216,943 4,747,457 22.2% 1,760,355 -30 W,, STREET FUND TOTAL 817,590 44,250 773,340 0.0% 83,887 -07d STORM DRAW FUND TOTAL 37,430 1,490 35,940 4.0% 1,518 4.89ro PARK FUND TOTAL 35,847 8,295 27,562 23.1% 14,230` -41.8% SLESF(AB3229 COPS)TOTAL 299,045 0 299,045 0.0% 0 0.0% AIR QUALITY IMPROVEMENT FUND TOTE 16,485 834 15,651 5.1% 578 44.3% GAS TAX FUND TOTAL 391,879 86,845l 305,034 22.2% 77,824 11.6% TRAFFIC SAFETY FUND TOTAL 57,031 25,608' 31,423 48.5% 15,433 65.90A FACILITIES FUND TOTAL 28,781 3,530' 25,251 12.3% 3,722 -5.2% MEASURE"I"FUND TOTAL 196,364 75,945 120,409 38.7% 72,737' 4.4% WASTE WATER DISPOSAL FUND TOTAL 1,629,559 589,922 1,039,637 36.2% 697,432 -15.4% LNDSCP a LGTG ASSESSMNT DIST TOTAL 12,325 5,745 6,580 46.6% 4,713 21.9% PUB FIN AUTH DEBT SERVICE FUND TOT, 276,019 0 276,019 0.0% 0 0.0% CAPITAL PROJECT-BIKE LANE TOTAL 129,711 0 129,711 0.0% 0 0.0% CAPITAL IMPROVEMENTS-STREETS TOT 60,000 0 60,000 0.0% 200,000 -100.0% CAP.PRJ.BARTON/COLTON BRIDGE TOT. 580 000 0 580,000 0.0% 1,247 -100.0% Total CITY FUNDS 103038 J14 2,059,397, 8,473,059 30.6% 2,9331676 -29.8^ CRA FUNDS CAPITAL PROJECTS FUND TOTAL 99,404 25,020 74,384 25.2% 16,731 49' _ DEBT SERVICE FUND TOTAL 6,415,442 2,729,488 3,685,954 42.5% 1,689,423 61.60A LOW INCOME HOUSING FUND TOTAL 1,562 875 727,560 835,306 46.6% 670,380 8.5% Total CRA FUNDS 8 077 721 3,482,077 4 595.644 43.1% 2.376.534 46.52% GRAND TOTAL ALL FUNDS 18,115,935 5 541 474 13,068,703 30.6% 5,310.210 4.36% CITY CRA Revenues FYTD by FUND 12/31/08 1 Of 1 City of Grand Terrace Revenues and Community Redevelopment Agency Revenues Budget Year FY 2008-09 For Six Months FYTD 12-31-2008 General Fund Summarized by Category of Revenue Special Revenue and CRA Summarized by Major Category City of Grand Terrace Revenue Report for Six Months July 1, 2008 through December 31,2008 60.0%of FY Completed, FUND 10 GENERAL FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Derr) Adiusted Received Balance % Received Over Estimate Thru 12-31-08 DUE Received 12-31-07 12/31/07 PROPERTY TAXES 1,492,946 180,382 1,488,173 12.08% 178,250 1.20% LICENSES AND PERMITS 725,251 119,685 644,406 16.50% 97,739 22•465% INTERGOVERNMENTAL 1,216,415 323,692 936,844 26.61% 340,508, -4.94% CHARGES FOR SERVICES 126,800 35,861 104,805 28.28% 49,900 -28.13% PLANNING FEES 22,776 9,250 14,176 40.61% 15,800 -41.46% RECREATION FEES 11,300 4,421 6,879 39.12% 2,175 103. CHILD CARE FEES 1,126,797 442,283 828,413 39.26% 456,240 .3.- PARK FEES 10,660 6,402 5,138 60.06% 2,855 124.24% FINES&FORFEITURES 31,195 10,501 24,653 33.66% 15,101 -30.46% USE OF MONEY a PROPERTY 393,150 82,841 382,654 21.07% 91,004 -8.97% MISCELLANEOUS REVENUE 12,868 1,625 11,315 12.63% 510,783 -99.68% TRANSFERS 300,000 0 300,000 0.00% 0 0.00% GENERAL FUND TOTAL 5,470,158 1,216,943 4,747,457 22.26% 1,760,355 -30.87% FUND 11 STREET FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Iner(Decr) Adjusted Received Balance % Received over Estimate Thm 12-31-08 DUE. Received 12-31-07 12131107 300-02 AB 2928 TRAFFIC CONGESTION REL 0 30,632 -30,632 0.00% 0 0.00% 600-01 INVESTMENT EARNINGS 22,440 13,618 8,822 60.69% 12,848 6.99% 800-04 ARTERIAL IMPROVEMENT FEE 675,101 0 675,101 0.00% 71,039 400.00% 800.05 TRAFFIC SIGNAL IMPROVEMENT FEE 120,049 0 120,049 0.00% 0 0.00% 800-06 SPRING MTN TRAFFIC MITIGATION F 0 0 0 0.00% 0 0 STREET FUND TOTAL 8173590 44,250 773,340. SA1% 83,887_ -47---- FUND 12 STORM'DRAIN FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Decr) Adjusted Received Balance % Received over Estimate Thrn 12-01-08 DUE Received 12-31-07 12131�07 600-01 INVESTMENT EARNINGS 2,894 1,490 1,404 51.49% 1,518 4.84% 800-01 CAPITAL IMPROVEMENT FEES 34,536 0 34,536 0.00% 0 0.00% STORM DRAIN FUND TOTAL 37,430 1,490 35,940 3.98% 1,518 -1.84% FUND 13 PARK FUND - %Recvd CURRENT FISCAL YEAR Prior FY7D Incr(Derr) Adjusted Received Balance % Received . over Esmate Thru 12-31-08 DUE Received 12-31-07 1zf31ro7 ti 600-01 INVESTMENT EARNINGS 10,103 5,607 4,496 55.50% 9,980 -03.82% 700-02 PARK DONATIONS 0 2,678 -2,678 0.00% 4,250 -6.99% 800-01 CAPITAL IMPROVEMENT FEES 25,744 0 25,744 0.00% 0 0.00% PARK FUND TOTAL 35,847 8,285 27,562 23.11% 14,230 -41.78% FUND 14 SLESF AB3229 COPS %Recvd CURRENT FISCAL YEAR Prior FYTD Iner(Decr) Adjusted Received Balance % Received Over Estimate Thru 12-31-08 DUE Received 12-31-07 1287107 300.01 AM229 COPS ALLOCATION 100,000 0 100,000 0.00% 0 0.00°/. 800-00 TRANSFER IN -100,000 0 -100,000 0.00% 0 0.00% 800-17 TRANSFER FROM TRAFFIC SAFETY 299,045 0 299,045 0.00% 0 0.00% SLESF(AB3229 COPS)TOTAL 299,045 0 299,046 0.00% 0 0.00% CITY CRA Revenues FYTD 12/31/08 1 of 4 City of Grand Terrace Revenue Report for Six Months July 1, 2008 through December 31,2008 60.0%of FY Completed FUND 15 AIR QUALITY IMPROVEMENT FUND %Recvd CURRENT FISCAL YEAR Prior FYTD ; Incr(Decr) Adjusted Received Balance % l?ea7 ed over Estimate Thru 12-31-08 DUE Received 12-31-07 12131ro7 300-01 AQMDIDMV FEE-'SUBVENTION 15,690 0 15,690 0.00% 0 0.00%, 600-01 INVESTMENT EARNINGS 795 834 -39 104.91% 578 44.29% AIR QUALITY IMPROVEMENT FUND TOTAL' 16,485 834 15,651 5.06% 578 44.29% FUND 16 GAS TAX FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Derr) Ad/us Received Balance I Received over Estimate Thm 12-31-0 DUE Received 12-31-07 12131107 300-21 GAS TAX-2105 81,833 28,645 53,188 35.00% 25,060 14.31% 300-22 GAS TAX-2106 57,463 19,199 38,264 83A1% 16,921 13AS% 300-23 GAS TAX-2107 110,403 39,001 71,402 35.33% 34,095 14.39% 300-24 GAS TAX-2107.5 3,000 0 3,000 0.00% 0 0.00% 600-01 INVESTMENT EARNINGS 6,958 0 6,958 0.00% 1,748 400.001E 800-00 TRANSFERS IN 100,000 0 100,000 0•00% 0 0.00% 800-10 SWEEP FEE TRANSFER 32,222 0 32,222 0•00% 0 0.00% GAS TAX FUND TOTAL 391,879 86,845 305,034 22.16% 77 824 11.69X FUND 17 TRAFFIC SAFETY FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Decr) Adjusted Received Balance % Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12131/07 300-01 REIMB CROSSING GUARD-C.U.S.D. 4,001 0 4,001 0.00% 0 0.00% 500-03 VEHICLE CODE FINES 52,280 25,362 26,918 48.61% 15,294 66.83% 600-01 INVESTMENT EARNINGS 750 246 504 32.80% 139 76.98% TRAFF11C SAFETY FUND TOTAL 57,031 25,608 31.423 48.51% 15,433 65.93% FUND 19 FACILITIES FUND %Recvd CURRENT FISCAL YEAR Priw FYTD Incr(Deer) Ad� ted Received) Balance % Received over Estimate z 12-31-M DUE Received 1 12-31-07 12131107 600-01 INVESTMENT EARNINGS 7,052 3,530 3,522 60•06% 3,722 -636% 800-01 GENERAL FACILITIES DEV FEE 19,707 0 19,707 0.001E 0 0.00% 800-02 PUBLIC FACILITIES DEV FEE 2,022 0 2,022 0.00% 0 0.00% FACILITIES FUND TOTAL 28,781 3,530 25,251 12.27% 3.722 -0.1s% FUND 20 MEASURE"I"FUND %Recvd CURRENT FISCAL YEAR Prior FYTD Iner(Deer) Adjusted Received Ba/once % Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12r31�o7 300-01 MEASURE I-1/2CENT SALES TAX Estimate 74,561 112,923 39.77% 68,233 9.27% 600-01 INVESTMENT EARNMM 8,870 1,384 7,486 15.60% 4,504 469.271E MEASURE,,r FUND TOTAL 196,354 75 945 120 409 38.68% _ 72,737 4A1x FUND 21 WASTE WATER DISPOSAL FUND %Reevd CURRENT FISCAL YEAR Prior FYTD Incr(Decr) Adjusted Received IBalance % Received over Estimate Thru 12-31-08 1 DUE Received 12-31-07 12131107 400-20 SERVICE CHARGE 1,514,860 534,657 ' 980,203 35.29% 645,322 47.16% 400-23 DELINQ SVC CHGITAX ROLL 500 231 269 46.17% 0 0.00% 400-25 SEWER CONNECTION FEES-G.T.- 2,400 300 2,100 12.50% _300 0.00% 400-27 NPDES FEE 12,800 1,595 11,205 12.46% 240 564.68% 600-01 INVESTMENT EARNINGS 92,615 53,139 39,476 57.38% 48,839 8.80% W0=11 INVESTMENT EARNINGS:RESERVE 6,384 0 6,384 0•00% 3,331 -100.00% WASTE WATER DISPOSAL FUND TOTAL 1.629,559 589 922 1.039 637 36.20% 697.432 -15.42% CITY CRA Revenues FYTD 12/31/08 2 of 4 City of Grand Terrace Revenue Report for Six Months July 1, 2008 through December 31,2008 50.0%of FY Completed FUND 26 LNDSCP&LGTG ASSESSMENT DIST %Recvd CURRENT FISCAL YEAR Prior FYTD : Incr(Decr) Adiusted Received Balance % Received over Estimate I Thru 12-31-M DUE Received 12-31-07 12131107 1 oo-01 TAX ROLL ASSESSMENTS 5,800 2,835 2,965 48.88% 2,694 5.23% 100-02 PICOIORIOLE ASSESSMENT DIST 4,600 2,284 2,316 49.66% 2,019 13.13% 1d0433 FORRESTCITYAIASSESS.DIST 1,825 608; 1,217 33.32% 0 0.00% 103-01 Penalty&Interest 100 18, 82 18.43% 0 0.00% LNDSCP&LOTO ASSESSMNT DIST TOTAL 12,325 5,745 6,580 46.62% 4,713 21.91% FUND 32 CRA CAPITAL PROJECTS FUND '%Rom''-4- CURRENT FISCAL YEAR Prior FYTD Incr(De Adjusted Received Balance % Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12131ro7 600-01 INVESTMENT EARNINGS 0 40 40 0.00% 0 0.00% 600-05 RENTS 49,404 24,980 24,424 50.56% 16,731 49.30% 700-03 DEVELOPER REIMBURSEMENTS 50,000 0 50,000 0.00% 0 0.00% 731 49.64% CAPITAL PROJECTS FUND TOTAL 99,404 25,020' 74,384 25.17% 16,731 FUND 33 CRA DEBT SERVICE FUND %Reevd CURRENT FISCAL YEAR Prior FYTD Incr(ter) Adjusted Received Balance % Received over Estimate Thru 12 31-08 DUE Received 12-31-07 12131/07 PROPERTY TAXES 5,625,140 2,620,034 3,005,106 46.68% 1,605,341 63.21% 600-01 INVESTMENT EARNINGS 176,725 109,454 67,271 61.93% 84,082 30.18% 800.00 TRANSFER FROM LOW-MOO HOUM 613,577 0' 613,577 0.00% 0 _ 0.00% DEBT SERVICE FUND TOTAL 6,415 442 2,729,488 3,685,954 42.65% 1,689,423 61.56% FUND 34 CRA LOW INCOME HOUSING FUND %Rec CURRENT FISCAL YEAR Prior FYTD Incr(d - Adjuste 1 Received Balance % Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12131107 100.16 20%SET-ASIDE 1,406,286 655,009 751,276 46.58% 401,335 63.21% 400-01 INTEREST,LOW INC HSING LOANS 2,135 705 1,430 33.02% 1,602 -66•99% 400-02 PRINCIPAL,LOW,INCHSINGLOANS 3,855 1,486 2,369 38.65% 3,362 -0•80% 400-03 REVENUE L&M REHAB HOUSE SALE. 0 28,000 -28,000 0.00% Q 0.00% 400-04 REHAB PROPERTY RENTAL 0 0 0 0.00% 8,714 400.00%G 600-01 INVESTMENT EARNINGS 150,000 42,369 107,631 28.26% 113,385 -62.63% 600-M GAIN ON SALE OF PROPERTY 0 0 0 0.00% 141,982 -100.00% 700-01 MISCELLANEOUS REVENUE 600 0 600 0.00% 0 0.00% LOW INCOME HOUSING FUND TOTAL 115621875 727,569 835,306 46.56% 670,380 8.53% FUND 41 PUB FIN AUTH DEBT SERVICE FUND %Reevd CURRENT FISCAL YEAR Prior FYTD Incr(Dec►) Adjusted Received Balance % Received over Estimate Th►u 12-31-08 DUE Received ' 12-31-07 12131/07 100-02 INTEREST INCOME 0 0 0 0.00% 0 0.00% 100-03 MISCELLANEOUS REVENUE 276,019 0 276,019 0.00% 0 0.00% PUB FIN AUTH DEBT SERVICE FUND TOTAL 276,019 0 276,019 0.00% 0 0.00% FUND 44 CAPITAL PROJECT-BIKE LANE %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(fir) Adjusted Received Balance % Received over Estimate Thru 12-31-08 DUE Received 12-31-07 12/31/07 300-01 TDA-LTF ARTICLE 3 GRANT-BIKE1P 71,056 0 71,056 0.00% 0 0.00% 800-00 TRANSFERS IN-LOCAL MATCH 58,655 0 58,655 0.00% 0 0.00% CAPITAL PROJECT-BIKE LANE TOTAL 129,711 0 129,711 0.00% 0 0.00% CITY CRA Revenues FYTD 12/31/08 3 of 4 City of Grand Terrace Revenue Report for Six Months July 1, 2008 through December 31,2008 50.0%of FY Completed FUND 46 CAPITAL IMPROVEMENTS-STREETS %Recvd CURRENT FISCAL YEAR Prior FYTD Incr(Derr) Adjusted Received Balance �,� Received over Estimate I Thru 12-31-08 DUE Received 1 12-31-07 12r31ro� 300-15 TRANSFER-CONTRIB FROM STRT Ft 60,000 0 60,000 0.00% p 0.00% 300-20 CONTRIBUTION-MEASURE I FD 0 0 0 0.00% 200,000 400. 0 0 0 o.00x 700-01 MISCELLANEOUS REVENUE p o.00%ox CAPITAL IMPROVEMENTS-STREETS TOTAL 60,000 0 60,000 0.00% 200,000 -100.00% FUND 47 CAP.PRJ.BARTON/COLTON BRIDGE %Recvd - CURRENT FISCAL YEAR Prior FYTD Incr(Decr) L justed Received Balance % Received over timate Thm 12-31-08 DUE Received 1241-07 12►31ro7 100-01 CONTRIB FROM MEAS 1 58,000 0 58,000 0.00% p 0.00% 100-02 CONTRIB-CITY OF COLTON 58,000 0 58,000 0.00% p 0.00% 100-03 STATEGRANTFUNDS 464,000 0 464,000 0.00% p 0.00% 600-01 INVESTMENT EARNINGS 0 0 0 0.00% CAP.PRJ.BARTONICOLTON BRIDGE TOTAL 1,247 00. 580.000 0 580,000 0.00% 4 1247 -1oo.00%ox Grand Total 18115 935 5,541,474 13,068,703 30•59% 5,310,210 4.36% CITY CRA Revenues FYTD 12/31/08 4 of 4 City of Grand Terrace Expenditures and Community Redevelopment Agency Expenditures Budget Year FY 2008-09 For six Months FYTD 12-31 -2008 City and CRA of Grand Terrace FY 2008-09 Expenditure Report for Six Months July 1, 2008 through December 31,2008 50.0%of FY Completed and July 1, 2007 through December 31 2007 FYTD 12-31-2008 BY FUND Adjusted Yea,to-date Year-to-date Total % Appropriation EXperm tunes Encumbrances Expenditures USED Unused Encumbrances FYTD Balance FYTD 12-3140 12-31-08 FYTD 10-GENERAL FUND 6,088,499 2,562,727 1,089,740 3,652,487 60.19% 2,416,031 11-STREET FUND 129,683 5,514 0 5,514 4.26% 124,169 12-STORM DRAIN FUND 17,165 10,423 7,618 18,041 105.10% -876 13-PARK FUND 112,498 29,022 1,115 30,136 26.79% 82,362 14-SLESF(AB3229 COPS) 299,045 145,016 144,415 289,491 9E.81% 9,654 15-AIR QUALITY IMPROVEMENT 26,100 491 0 491 1.88% 25,609 16-GAS TAX FUND 486,134 233,628 41,335 274,964 66.58% 211,170 17-TRAFFIC SAFETY FUND 57,031 4,184 0 4,184 7.34% 52,847 19-FACILITIES FUND 17,757 1,378 0 1,378 7.70% 18,379 20-MEASURE"I"FUND 285,931 137,377 5,656 143,033 50.02% 142,898 21-WASTE WATER DISPOSAL FUN 1,739,837 370,624 12,956 383,680 22.05% 1,356,257 26-LNDSCP&LGTG ASSESSMENT 14,350 5,030 0 5,030 35.06% 9,320 32-CAPITAL PROJECTS FUND 656,677 196,379 240,879 436,258 66.43% 220,419 33-DEBT SERVICE FUND 4,601,323 1,949,618 153,B57 2,103,475 45.71% 2,497,848 34-LOW INCOME HOUSING FUND 3,148,734 2,701,869 7,576 2,709,445 86.06% 439,289 41-PUB FIN AUTH DEBT SERVICE 276,019 0 0 0 0.00% 276,019 44-CAPITAL PROJECT-BIKE 127,131 66,462 0 66,462 62.2M 60,669 46-CAPITAL IMPROVEMENTS-ST 60,000 0 0 0 0.00% 60,000 47-CAP.PRJ.BARTON/COLTON B 703,686 25,033 100,093 125,126 17.78% 578,560 Grand Total-ALL FUNDS 18,827,600 8,443,B36 1,805,238 10,249,076 54.44% 8,578,560 FYTD 12-01-Z007 BY FUND Aonted Year-to-date Year-to-date. Total % Approp►ladion Expwmyawes Encumbrances Expenditures USED Unused Encumbrances FYTD Balance FYTD 12-31-07 12-31-07 FYTD 10-GENERAL FUND 6,690,294 3,153,670 1,199,491 4,353,161 65.07% 2,337,133 11-STREET FUND 0 0 0 0 0.00% 0 12-STORM DRAIN FUND 15,614 5,918 7,682 13,600 87.10% 2,014 13-PARK FUND 276,186 41,768 181,803 223,671 80.96% 52,615 14-SLESF(AB3229 COPS) 293,267 235,798 73,885 309,683 106.6% -16,416 1 S-AIR QUALITY IMPROVEMENT 1,100 128 0 128 11.64% 972 16-GAS TAX FUND 444,318 247,819 38,965 . 286,784 64.64% 157,534 17-TRAFFIC SAFETY FUND 61,648 3,768 0 3,766 6.11% 571(;83 19-FACILITIES FUND 91,848 8,313 15,640 23,953 26.08% 67,895 20-MEASURE"I"FUND 510,299 307,645 3,241 310,889 60.92% 199,413 21-WASTE WATER DISPOSAL FUN 1,611,994 366,192 27,560 393,752 24.43% 1,218,242 26-LNDSCP&LGTG ASSESSMENT 7,894 4,787 0 4,787 80.87% 3,077 32-CAPITAL PROJECTS FUND 365,061 40,928 197,870 238,798 65.41% 126,263 33-DEBT SERVICE FUND 4,523,821 1,807,473 88,572 1,896,045 41.91% 2,627,776 34-LOW INCOME HOUSING FUND 6,953,890 532,481 10,998 543,479 7.82% 6,410,411 41-PUB FIN AUTH DEBT SERVICE 0 0 0 0 0.00% 0 44-CAPITAL PROJECT-BIKE LAM 142,113 23,102 0 23,102 16.28% 119,011 46-CAPITAL IMPROVEMENTS-ST 60Q000 588,022 0 588,022 98.00% 11,978 47-CAP.PRJ.BARTON/COLTON 580,000 0 0 0 0.00% 580,000 Grand Total-ALL FUNDS Bf 23,169,318 7,367,810 1,845,707 9,213,517 39.77% 13,955,801 1 11 City of Grand Terrace Expenditures and Community Redevelopment Agency Expenditures Budget Year FY 2008-09 For Six Months FYTD 12-31-2008 General Fund Summarized by Category of Expenditures Special Revenue Funds and CRA Funds Summarized by Major Category City and CRA of Grand Terrace FY 2008-09 Expenditure Report for Six Months July 1, 2008 through December 31,2008 50.0%of FY Completed With Breakdown by Category CATEGORY 10-GENERAL FUND Year-to-date Year-to-date TOTAL Salaries M.:m Ca;;,t Expenditures Encumbrances Year-to-date & Contracts & Expendifurea Benefits & Otker Encumbrances gyrations 110 CITY COUNCIL 18,007 3898 21,905 15,277' 6,628 0 120 CITY MANAGER 220,011 4,624 224,636 21Z908 11,728 0 1125 CITY CLERK 124,073 13,801 137,874 103,721 31,598 Z555 )140 FINANCE 230,401 15,919 246,320 196,939 49,381 0 160 CITY ATTORNEY 81,669 0 81,689 0 81,669 0 172 BUILDING AND SAFETY 52,699 48,666 101,365 30,017 71,348 0 175 PUBLIC WORKS 33,015 28,045 61,060 19,394 41,676 0 180 COMMUNITY SERVICES 359,230 63,878 423,108 224,268 198,840 0 185 RENTAL INSPECTION PROD 26,683 0 26,683 23,328 3,355 0 190 NON-DEPARTMENTAL 152,294 44,972 197,266 0 118,970 78,296 370 COMMUNITY DEVELOPMENT/PLAI 163787 10,244 174,031 92,975 79,764 1,292 380 GIS(GEOGRAPHIC INFORMATION 54,834 1,291 56,125 37,337 10,936 7,852 410 LAW ENFORCEMENT 864,665 806,457 1,671,121 0 1,646,509 24,612 "0 CHILD CARE SERVICES 453,713 31,708 485,421 397,325 85,245 Z851 450 PARK MAINTENANCE 113,115 14,221 127,336 51,711 74.690 934 631 STORM DRAIN MAINTENANCE 4,500 0 4,500 0 4,5W 0 801 PLANNING COMMISSION 1,207 0 1,207 750 457 0 804 HISTORICALICULTURAL COMMITT 176 0 176 0 176 0 805 SENIOR CnVENS PROGRAM 1,960 1,332 3,292 0 3,292 0 808 EMERGENCY OPERATIONS CENTI 5,845 685 6,530 0 6,530 0 999 COST ALLOCATION -399 157 0 -399157 0 0 -399 157 TOTAL GENERAL FUND 2,562,727 1,089,740 3,652,467 1,405,940 2,527,292 -280,765 �J,I-STREET FUND 5,514 0 5,514 0 0 5,514 12-STORM DRAIN FUND 10,423 7,618 18,041 0 16,709 1,332 13-PARK FUND 29,022 1,115 30,136 0 22,784 7,352 14-SLESF(AB3229 COPS) 145,076 144,415 289,491 0 289,241 250 15-AIR QUALITY IMPROVEMENT FUNC 491 0 491 0 141 350 16-GAS TAX FUND 233,628 41,335 274,964 0 238,388 36,576 17-TRAFFIC SAFETY FUND 4,184 0 4,184 3,719 0 465 19-FACILITIES FUND 1,378 0 1,378 0 0 1,378 20-MEASURE r FUND 137,377 5,656 143,033 0 126,400 16,633 21-WASTE WATER DISPOSAL FUND 370,624 12,956 383,580 57,384 242,302 83,894 26-LNDSCP&LGTG ASSESSMENT DIS 5,030 0 5,030 0 3,916 1,114 41-PUB FIN AUTH DEBT SERVICE FUN 0 0 0 0 0 0 44-CAPITAL PROJECT-BIKE LANE 66,462 0 66,462 0 0 66,462 46-CAPITAL IMPROVEMENTS-STREE 0 0 0 0 0 0 47-CAP.PRJ.BARTON/COLTON BRIDG 25,033 100,092 125,125 0 0 125,125 TOTAL OTHER CITY FUNDS 1,034,242 313,187 1,347,430 61,103 939,881 346,445 32-CAPITAL PROJECTS FUND 195,379 240,879 436,258 32,143 29,873 374,242 33-DEBT SERVICE FUND 1,949,618 153,857 2,103,475 0 1,995,928 107,547 34-LOW INCOME HOUSING FUND 2,701,869 7,576 2,709,445 130,066 16,992 2,562,387 TOTAL OTHER CITY FUNDS 4,846,867 402,312 5,249,178 162,209 2,042,793 3,044,170 Grand Total-ALL FUNDS 8,443,836 1,805,239 10,249,075 1,629,252 5,509,966 3,109,856 A"f