01/24/2012CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS January 24, 2012
GRAND TERRACE CIVIC CENTER 6:00 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 –
AGENDA ITEMS
STAFF
RECOMMENDATION
COUNCIL
ACTION
6:00 p.m. CONVENE CITY COUNCIL
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. San Bernardino County Sheriff’s Department -
Deployment of SSS Resources & Introduce SSS, Sylvia
Beasley
B. Assemblyman Mike Morrell’s Business of the Year for
Grand Terrace
C. Riverside Highland Water Company Update - Don Hough
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member, Staff Member, or Citizen may
request removal of an item from the Consent Calendar for discussion.
A. Approve Check Register No. 01-24-2012
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 01-10-2012 Minutes
D. Notice of Completion, Pico Street Asphalt Overlay
E. Crime Prevention Committee Minutes of 12/12/2011
F. An Ordinance Establishing a New Chapter 5.80 (Non-
Owner Occupied/Rental Property Program)
G. An Ordinance Approving Zoning Code Amendment 11-
02; New Section 18.10.090 Planned Residential
Development
Approve
Approve
Approve
Accept
Adopt
Adopt
COUNCIL AGENDA
01-24-2012 PAGE 2 OF 2
AGENDA ITEMS
STAFF
RECOMMENDATIONS
COUNCIL
ACTION
4. PUBLIC COMMENT
5. COUNCIL REPORTS
6. PUBLIC HEARINGS - None
7. UNFINISHED BUSINESS
A. Fencing Options for the New Active Park on Grand
Terrace Road
8. NEW BUSINESS
A. Transfer of Ownership of Agency-owned Parcels to the
City
B. Post AB x1-26 RDA Dissolution and Successor Agency
Required Action to Establish a Redevelopment Obligation
Retirement Fund and Resolutions Regarding Forgiveness
of Obligations
C. Local Revenue Measure Options
9. CLOSED SESSION
A. Public Employee Performance Evaluation per Government
Code Section 54957 (b)
Title: City Manager
ADJOURN CITY COUNCIL
CONVENE COMMUNITY REDEVELOPMENT AGENCY
1. Approval of 01-10-2011 Minutes
2. Transfer of Ownership of Agency-owned Parcels to the City
3. Post AB x1-26 RDA Dissolution and Successor Agency
Required Action to Establish a Redevelopment Obligation
Retirement Fund and Resolutions Regarding Forgiveness of
Obligations
4. Settlement Agreement and Release Agreement with San
Bernardino Valley Municipal Water District
5. Settlement Agreement and Mutual General Release with
Colton Joint Unified School District
ADJOURN
THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE
HELD ON TUESDAY, FEBRUARY 14, 2012 AT 6:00 P.M.
AGENDA ITEM REQUESTS MUST BE SUBMITTED IN
WRITING TO THE CITY CLERK=S OFFICE NO LATER THAN 14
CALENDAR DAYS PRECEDING THE MEETING.
Approve/Authorize
Create/Certify
Provide Direction
Approve
Authorize
Certify
Approve
Approve
This is the opportunity for members of the public to comment on
any items not appearing on the regular agenda. Because of
restrictions contained in California Law, the City Council may not
discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The
Mayor may also request a brief response from staff to questions
raised during public comment or may request a matter be
agendized for a future meeting.
COUNCIL AGENDA ITEM NO. 3A
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( )
TITLE: Check Register No. 01-24-2012
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Approve
BACKGROUND:
The Check Register for January 24, 2012 is presented in accordance with Government
Code §37202.
The attached index to the warrant register is a guideline account list only and is not
intended to replace the voluminous list of accounts used by the City and CRA.
Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account].
Expenditures may be made from trust/agency accounts (fund 23-xxx-) or temporary
clearing accounts which do not have budgetary considerations.
DISCUSSION:
A total of $1,540,264.65 in accounts payable checks was issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
Check Register sections. Payroll costs for the period amounted to $60,946.29 and are
summarized below.
Some of the non-routine items include:
67608 Maria Montes Cash for the Animal Clinic Cash Box on
January 12, 2012
$200.00
67623 League of CA
Cities
IE Division Dinner on January 19, 2012
Mayor and City Manager
$80.00
67638 CSMFO 2012 Membership Renewal-Finance Director $110.00
67643 Govt. Finance
Officers Assoc.
2012 Membership Renewal-Finance Director $190.00
Approvals
Finance Director (if applicable) BS
City Attorney
City Manager
67658 Roquet Paving Grind and Cap Areas at Various Locations $4,933.00
67667 West Coast
Arborists Inc
Tree Trimming at Various Locations $1,676.00
67669 White Nelson
Diehl Evans
Assistance with the IRS Examination $2,313.84
Some the larger items include:
67635 City of Colton Sewer Connection Fees, 22810 Main Street
November 15, 2011 B00-000-978
$32,940.00
67636 Colton Joint Unified
School District
CRA pass-through Due to June 30, 2011 $1,158,888.00
67650 Lee & Stires Progress Retention Billing - Barton/
Michigan / La Paix public improvements
$36,281.78
67661 San Bernardino
Valley Water Dist
Settlement and Release payment # 1 –
Incorrect pass-through by SB-Auditor Contr.
$232,887.27
Payroll costs processed for period ending January 6, 2012:
Date Period Payroll and payroll costs
01/06/12 Biweekly $60,946.29
FISCAL IMPACT:
All disbursements are made in accordance with the adopted budget for FY 2011-12.
Respectfully submitted:
Bernie Simon, Finance Director
ATTACHMENTS:
Check Register – January 24, 2012
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
01/18/2012
Voucher List
CITY OF GRAND TERRACE
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11:12:42AM
Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67607 1/5/2012 010996 CA PUB EMPLOYEES' RET. SYSTEM 484 5139528223 JAN EMPLOYEE/DEPENDENT HEALTH INSURANCE
10-022-61-00 15,001.50
Total : 15,001.50
67608 1/11/2012 010626 MONTES, MARIA 01102012 Cash for Animal Clinic Cash Box
10-200-15 200.00
Total : 200.00
67609 1/12/2012 006285 RIVERSIDE HIGHLAND WATER CO 04263-01 Oct/Dec Assessment-16 Bourns Shares
10-450-238-000-000 82.40
Total : 82.40
67610 1/12/2012 010664 SHELL FLEET MANAGEMENT 8000209687201 December Vehicle Fuel
10-175-272-000-000 126.24
Total : 126.24
67611 1/12/2012 006720 SO.CA.EDISON COMPANY December 2011 December Energy Usage
10-172-238-000-000 68.15
10-175-238-000-000 68.15
10-805-238-000-000 642.17
16-510-238-000-000 6,915.29
10-440-238-000-000 512.92
26-600-238-000-000 49.80
26-601-238-000-000 41.50
26-602-238-000-000 58.10
10-190-238-000-000 2,245.78
10-450-238-000-000 1,044.15
Total : 11,646.01
67612 1/12/2012 001213 AT & T January 2012 January Phones & Internet Service
10-808-235-000-000 99.85
10-805-235-000-000 167.99
10-450-235-000-000 51.23
10-440-235-000-000 395.72
10-190-235-000-000 521.49
Total : 1,236.28
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Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67613 1/12/2012 006730 SO.CA.GAS COMPANY December 2011 December Natural Gas Usage
10-190-238-000-000 717.03
10-440-238-000-000 207.21
Total : 924.24
67614 1/12/2012 011194 AMERICAN FIDELITY ASSURANCE CO 96162 January EMP PAID ACCIDENT/SUPP LIFE/SUPP STD INS
23-250-20-00 971.58
Total : 971.58
67615 1/12/2012 001038 VERIZON WIRELESS-LA 1042230039 Dec/Jan Wireless Service-Public Works
10-175-240-000-000 104.07
Total : 104.07
67616 1/12/2012 011196 FIDELITY SECURITY LIFE 446983 January JANUARY EMPLOYEE PAID VISION INSURANCE
10-022-61-00 178.36
Total : 178.36
67617 1/12/2012 003210 DEPT 32-2500233683 6035322500233683Maintenance Supplies
10-195-245-000-000 184.04
10-440-245-000-000 23.59
10-175-218-000-000 23.15
Total : 230.78
67618 1/12/2012 011195 AMERICAN FIDELITY ASSURANCE CO 746078A January EMP PAID FLEX SPENDING/DEPENDENT CARE
23-250-10-00 958.36
10-190-265-000-000 189.00
Total : 1,147.36
67619 1/17/2012 010218 CHEVRON & TEXACO CARD SERVICES 32801741 December Vehicle Fuel
10-440-272-000-000 65.81
10-175-272-000-000 208.46
34-800-272-000-000 24.63
Total : 298.90
67620 1/17/2012 001907 COSTCO #478 0478 09 0364 58 C. CARE SUPPLIES
10-440-220-000-000 168.84
Total : 168.84
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67621 1/17/2012 011138 SPARKLETTS 9637116 010112 December Bottled Water
10-190-238-000-000 9.34
10-450-238-000-000 2.34
10-805-238-000-000 6.83
10-440-238-000-000 42.13
Total : 60.64
67622 1/17/2012 011110 TIME WARNER CABLE Jan 844840...7245 Jan/Feb Cable & Internet-Sr Cntr
10-805-238-000-000 121.28
Total : 121.28
67623 1/17/2012 004350 LEAGUE OF CALIFORNIA CITIES, I 01052012 IE DIVISION DINNER-STANCKIEWITZ & ADAMS
10-110-270-000-000 40.00
10-120-270-000-000 40.00
Total : 80.00
67624 1/17/2012 011092 METLIFE SBC KM05736710 0001 JanEMPLOYEE/DEPENDENT DENTAL INSURANCE
10-022-61-00 1,478.20
Total : 1,478.20
67625 1/17/2012 011199 PRUDENTIAL MUNICIPAL POOL 0000338643 JanuaryEMPLYEE PAID LONG/SHORT TERM DISABILITY
10-022-66-00 991.11
Total : 991.11
67626 1/17/2012 011199 PRUDENTIAL MUNICIPAL POOL 0000338643a JanuaryEMPLOYEE LIFE/AD&D/DEP LIFE/EAP INS
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67626 1/17/2012 (Continued)011199 PRUDENTIAL MUNICIPAL POOL
10-120-142-000-000 30.63
10-125-142-000-000 11.73
10-140-142-000-000 25.82
10-172-142-000-000 10.31
10-175-142-000-000 12.01
10-370-142-000-000 27.18
10-380-142-000-000 6.82
10-440-142-000-000 101.38
10-450-142-000-000 3.30
10-625-110-000-000 4.96
16-175-142-000-000 10.43
21-175-142-000-000 6.65
21-625-142-000-000 2.13
32-200-142-000-000 18.77
32-370-142-000-000 10.45
34-400-142-000-000 12.62
34-800-142-000-000 4.00
Total : 299.19
67627 1/18/2012 001206 ARROWHEAD CREDIT UNION Dec 2011-Jan 2012Dec 2011-Jan 2012 Visa Charges
10-190-220-000-000 Get Well Flowers-Angel Agudo/Bob Bailes 155.45
10-175-220-000-000 Interview Panel Lunch-Storm Water Proj 22.46
Total : 177.91
67628 1/18/2012 006730 SO.CA.GAS COMPANY Dec 176-998-6082 5December CNG Fuel
10-175-272-000-000 7.80
10-440-272-000-000 2.60
34-800-272-000-000 2.60
Total : 13.00
67629 1/24/2012 001072 ADT SECURITY SERVICES 120623897 3RD QTR SR. CTR SECURITY MONITORING
10-805-245-000-000 160.83
Total : 160.83
67630 1/24/2012 011213 BLACK & VEATCH CORP 1128383 Sewer Study Services
21-175-255-000-000 4,447.95
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67630 1/24/2012 (Continued)011213 BLACK & VEATCH CORP
1131510 Sewer Study Services
21-175-255-000-000 1,480.00
Total : 5,927.95
67631 1/24/2012 011017 CA. BLDG. STANDARDS COMMISSION 1st Qtr 2011-2012 1st Qtr Green Building Standards Fee
10-700-01 -5.40
23-200-23-00 54.00
2nd Qtr 2011-20122nd Qtr Green Building Standards Fee
10-700-01 -7.10
23-200-23-00 71.00
Total : 112.50
67632 1/24/2012 001683 CA. STATE DEPT OF CONSERVATION 1st Qtr 2011-2012 1st Qtr Strong Motion Mapping Fees
10-700-01 -2.26
23-200-21-00 45.24
2nd Qtr 2011-20122nd Qtr Strong Motion Mapping Fees
10-700-01 -6.22
23-200-21-00 124.39
Total : 161.15
67633 1/24/2012 010867 CHAMPION FIRE SYSTEMS INC 24395 Dec-Mar City Hall Fire Alarm Monitoring
10-195-246-000-000 144.00
Total : 144.00
67634 1/24/2012 011031 CINTAS CORPORATION #150 150513783 C. CARE PAPER GOODS/SUPPLIES
10-440-228-000-000 126.66
150522747 C. CARE PAPER GOODS/SUPPLIES
10-440-228-000-000 126.66
Total : 253.32
67635 1/24/2012 001840 CITY OF COLTON B00-000-978 Sewer Conn Fees 22810 Main St-11/15/11
21-022-00-00 32,940.00
Total : 32,940.00
67636 1/24/2012 001860 COLTON JOINT UNIFIED SCHOOL 2011 PT CJUSD Pass Through Due To 6/30/11
33-021-20-00 1,158,888.00
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 1,158,888.00 67636 1/24/2012 001860 COLTON JOINT UNIFIED SCHOOL
67637 1/24/2012 011166 CORNERSTONE RECORDS MANAGEMENT 0176311 DECEMBER ARCHIVE TAPE STORAGE
10-140-250-000-000 56.65
10-380-250-000-000 56.65
Total : 113.30
67638 1/24/2012 001662 CSMFO 43744 2012 Membership Renewal-B.Simon
10-140-265-000-000 110.00
Total : 110.00
67639 1/24/2012 001930 DAILY JOURNAL CORPORATION B2231664 DEC PUBLIC HEARING-MUNICIPAL CODE AMEND
10-125-230-000-000 206.80
B2231667 DEC PUBLIC HEARING-ZONING CODE AMEND
10-125-230-000-000 195.80
Total : 402.60
67640 1/24/2012 010711 DANKA FINANCIAL SERVICES 75542930 FY 11-12 Property Tax Payment
10-172-246-000-000 24.11
76038701 Jan Lease E-Studio 350 Toshiba Copier
10-172-246-000-000 79.05
10-175-246-000-000 79.05
Total : 182.21
67641 1/24/2012 002301 FEDEX 7-757-07667 December Document Delivery
10-140-210-000-000 49.53
Total : 49.53
67642 1/24/2012 002740 FRUIT GROWERS SUPPLY 90923713 Maint Supplies-Green Belt
10-450-245-000-000 21.49
Total : 21.49
67643 1/24/2012 002875 GOVT. FINANCE OFFICERS ASSOC.0133001 2012 Membership Renewal
10-140-265-000-000 190.00
Total : 190.00
67644 1/24/2012 010164 GREAT-WEST PR End 1/6/12 Contributions for PR End 1/6/12
10-022-63-00 2,791.10
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 2,791.10 67644 1/24/2012 010164 GREAT-WEST
67645 1/24/2012 010632 HIGH TECH SECURITY SYSTEMS 98934 FEBRUARY SECURITY CAMERA MONITORING
10-450-246-000-000 60.00
10-195-247-000-000 20.00
Total : 80.00
67646 1/24/2012 002727 J.R. FREEMAN COMPANY 477113-0 OFFICE SUPPLIES
10-125-210-000-000 287.12
Total : 287.12
67647 1/24/2012 011216 JONES & MAYER 58042 December Legal Services
32-200-251-000-000 4,000.00
10-160-250-000-000 4,000.00
Total : 8,000.00
67648 1/24/2012 010773 KELLAR SWEEPING INC.6495 December Street Sweeping
16-900-254-000-000 4,200.00
Total : 4,200.00
67649 1/24/2012 010449 KONICA MINOLTA BUS. SOLUTIONS 219023248 2nd Qtr Copier Maint-Toshiba E-studio
10-172-246-000-000 39.38
10-175-246-000-000 39.37
219790108 3rd Qtr Copier Maint-Toshiba E-studio
10-172-246-000-000 39.38
10-175-246-000-000 39.37
Total : 157.50
67650 1/24/2012 011201 LEE & STIRES INC 25734R Progress Retention Billing
32-600-323-000-000 3,020.10
32-600-323-002-000 9,317.98
32-021-50-00 23,943.70
Total : 36,281.78
67651 1/24/2012 004670 MIRACLE MILE CAR WASH 484961 October Vehicle Maintenance
10-440-272-000-000 3.25
10-175-272-000-000 3.25
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 6.50 67651 1/24/2012 004670 MIRACLE MILE CAR WASH
67652 1/24/2012 010097 NEXTEL COMMUNICATIONS 410575025-112 Nov/Dec Wireless Svc-Maint/C. Care
10-175-240-000-000 133.03
10-440-235-000-000 49.10
Total : 182.13
67653 1/24/2012 005400 OFFICE DEPOT 591444932001 Office Supplies & Toner
10-172-210-000-000 138.49
591444977001 Office Supplies
10-172-210-000-000 4.19
Total : 142.68
67654 1/24/2012 005435 ORIENTAL TRADING COMPANY 648561097-01 C. CARE WINTER BREAK SUPPLIES
10-440-225-000-000 62.73
10-440-225-000-000 9.21
Total : 71.94
67655 1/24/2012 005586 PETTY CASH 01122012 Replenish C.Care Petty Cash
10-440-221-000-000 41.34
10-440-228-000-000 98.20
10-440-223-000-000 82.80
Total : 222.34
67656 1/24/2012 005688 PROTECTION ONE 2588440 3RD QTR ALARM MONITORING-CITY HALL
10-195-247-000-000 99.06
3020955 3RD QTR ALARM MONITORING-BUILDING & SAFE
10-172-246-000-000 55.26
10-175-246-000-000 55.26
Total : 209.58
67657 1/24/2012 010171 REPUBLIC ITS INC RR-123879 December Routine Signal Maint
16-510-255-000-000 708.36
RR-123880 December Response Call Outs & Repairs
16-510-255-000-000 21.81
RR-123918 December QuikNet Maintenance
16-510-255-000-000 390.00
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 1,120.17 67657 1/24/2012 010171 REPUBLIC ITS INC
67658 1/24/2012 006335 ROQUET PAVING INC.1211-11GT Grind and Cap Area-Various Locations
16-900-257-000-000 4,933.00
Total : 4,933.00
67659 1/24/2012 006459 S.B. COUNTY CLERK OF THE BOARD 01172012-01 PRD Ord CEQA Exemption Filing
10-370-210-000-000 50.00
01172012-02 Non-owner Occupied Ord CEQA Exemption
10-370-210-000-000 50.00
Total : 100.00
67660 1/24/2012 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT312CC 3rd Qtr Haz Waste Services
10-187-258-000-000 4,133.00
Total : 4,133.00
67661 1/24/2012 010658 SAN BERNARDINO VALLEY 01042012 Settlement and Release-Payment # 1
33-021-20-10 229,536.00
33-300-200-000-000 3,351.27
Total : 232,887.27
67662 1/24/2012 011071 STANCKIEWITZ, W.January 2012 Jan Health Ins Reimb-Stanckiewitz
10-110-142-000-000 415.00
Total : 415.00
67663 1/24/2012 006898 SYSCO FOOD SERVICES OF L.A.201042179 6 C. CARE/SCHOOL AGE FOOD & KIT. SUPPLIES
10-440-220-000-000 740.38
201110331 0 C. CARE/SCHOOL AGE FOOD & KIT. SUPPLIES
10-440-220-000-000 514.95
Total : 1,255.33
67664 1/24/2012 007034 TRANSPORTATION ENGINEERING 1166 November Traffic Eng Services
10-175-255-000-000 1,605.00
Total : 1,605.00
67665 1/24/2012 007220 UNDERGROUND SERVICE ALERT 1220110281 December Dig Alert Tickets
16-900-220-000-000 31.50
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 31.50 67665 1/24/2012 007220 UNDERGROUND SERVICE ALERT
67666 1/24/2012 011210 VANGUARD CLEANING SYSTEMS, INC 80474 JANUARY CHILD CARE CLEANING SERVICES
10-440-244-000-000 850.00
Total : 850.00
67667 1/24/2012 007843 WEST COAST ARBORISTS INC 76774 Tree Trimming-Various Locations
10-195-245-020-000 644.00
10-195-245-000-000 532.00
77101 Tree Trimming-Various Locations
10-195-245-000-000 56.00
10-195-245-020-000 444.00
Total : 1,676.00
67668 1/24/2012 007854 WESTERN EXTERMINATORS CO 607261 DECEMBER PEST CONTROL SRVS
10-195-245-000-000 134.50
10-805-245-000-000 35.50
Total : 170.00
67669 1/24/2012 011219 WHITE NELSON DIEHL EVANS LLP 1025249 Assistance with IRS Examination
10-140-250-000-000 2,313.84
Total : 2,313.84
67670 1/24/2012 007987 XEROX CORPORATION 059311970 DECEMBER LEASE XEROX WC5755A
10-190-700-000-000 305.27
10-190-212-000-000 222.60
059463421 DECEMBER LEASE XEROX CC265
10-190-700-000-000 291.63
10-190-212-000-000 127.60
Total : 947.10
Bank total : 1,540,264.65 64 Vouchers for bank code :bofa
1,540,264.65Total vouchers :Vouchers in this report 64
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
11Page:
City of Grand Terrace Warrant Register IndexFD No.Fund NameDept No.Department NameGeneral Account Numbers10 GENERAL FUND110 CITY COUNCIL110 SALARIES/WAGES11 STREET FUND120 CITY MANAGER139 EMPLOYEES' BENEFIT PLAN12 STORM DRAIN FUND 125 CITY CLERK140 RETIREMENT13 PARK FUND140 FINANCE142 HEALTH/LIFE INSURANCE14 AB 3229 COPS FUND160 CITY ATTORNEY143 WORKERS' COMPENSATION15 AIR QUALITY IMPROVEMENT FUND172 BUILDING & SAFETY138/141 MEDICARE / SUI16 GAS TAX FUND175 PUBLIC WORKS210 OFFICE EXPENSE17 TRAFFIC SAFETY FUND/ TDA FUND180 COMMUNITY EVENTS218-219 NON-CAPITAL FURN/SMALL TOOLS19 FACILITIES DEVELOPMENT FUND185 RENTAL INSPECTION PROGRAM220 SPECIAL DEPARTMENTAL EXP20 MEASURE I FUND190 GENERAL GOVERNMENT (NON-DEPT) 230 ADVERTISING21 WASTE WATER DISPOSAL FUND195 FACILITIES MAINTENANCE235 COMMUNICATIONS22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY & ECONOMIC DEV238-239 UTILITIES26 LSCPG/ LGHTG ASSESSMENT DIST.380 MGT INFORMATION SYSTEMS240-242 RENTS & LEASES44 BIKE LANE CAPITAL FUND410 LAW ENFORCEMENT245-246 MAINT BLDG GRNDS EQUIPMNT46 STREET IMPROVEMENT PROJECTS430 RECREATION SERVICES250-251 PROFESSIONAL SERVICES47 BARTON RD. BRIDGE PROJECT440 CHILD CARE255-256 CONTRACTUAL SERVICES32 CRA-CAPITAL PROJECTS FUND450 PARKS MAINTENANCE260 INSURANCE & SURETY BONDS33 CRA-DEBT SERVICE FUND631 STORM DRAIN MAINTENANCE265 MEMBERSHIPS & DUES34 CRA-LOW & MOD HOUSING801 PLANNING COMMISSION268 TRAINING802 CRIME PREVENTION UNIT270 TRAVEL/CONFERENCES/MTGS804 HISTORICAL & CULTURAL COMM.272 FUEL & VEHICLE MAINTENANCE805 SENIOR CITIZENS PROGRAM570 WASTEWATER TREATMENT807 PARKS & REC COMMITTEE33-300 DEBT SERVICE808 EMERGENCY OPERATIONS PROG.7XX FACILITIES IMPRV (NO CIP)700 COMPUTER-RELATED701 VEHICLES & EQUIPMENT
CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING – JANUARY 10, 2012
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 10, 2012 at 6:00 p.m.
PRESENT: Walt Stanckiewitz, Mayor
Lee Ann Garcia, Mayor Pro Tem
Darcy McNaboe, Councilmember
Bernardo Sandoval, Councilmember
Gene Hays, Councilmember
Betsy M. Adams, City Manager
Tracey Martinez, City Clerk
Bernard Simon, Finance Director
Joyce Powers, Community & Economic Development Director
Richard Shields, Building & Safety Director
Richard L. Adams II, City Attorney
Sgt. Ed Finneran, San Bernardino County Sheriff=s Department
Lt. Steve Dorsey, San Bernardino County Sheriff’s Department
Rick McClintock, San Bernardino County Fire Department
ABSENT: None
The City Council meeting was opened at 6:00 p.m. with an Invocation by Pastor Pat Bower
from Calvary, the Brook Church, followed by the Pledge of Allegiance led by Mayor Pro
Tem Lee Ann Garcia.
SPECIAL PRESENTATIONS
A. Certificates of Appreciation – Various Members of the Community for Events
in October & November, 2011
The following members of the Community were recognized for various community
events in the months of October and November, 2011:
Maria Fraser – Zumbathon “Party in Pink” – October 23, 2011
Grand Terrace Woman’s Club – Zumbathon “Party in Pink” – October 23, 2011
Bowen-Hayes School of the Arts – Dancing for the Cure – October 29, 2011
Low Brow Ink – “Low Brow Pink” – October 23, 2011
Community Events Committee – Halloween Festival, October 31, 2011
Historical & Cultural Activities Committee – Annual Country Fair - November 5,
2011 and the Annual City Birthday Celebration Pot-Luck – December 13, 2011
COUNCIL AGENDA ITEM NO. 3C
Council Minutes
01/10/2012
Page 2
CONSENT CALENDAR
CC-2012-01 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY
COUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the following
Consent Calendar Items with the removal of item 3F.:
3A. Approve Check Register No. 12-27-2011 & 01-10-2012
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 12-13-2011 & 12-20-2011 Minutes
3D. Award Non-Exclusive Services Contract for the Publication of
Legal Notices – City News Group, Inc.
3E. Corrected Treasurer’s Report – September 30, 2011
3G. Emergency Operations Committee Member Appointments,
Reinstatement and Vacate
3H. Historical & Cultural Activities Committee – Committee Member
Appointment (Monteon)
3I. Emergency Operations Committee Meeting Minutes of
10/04/2011 & 11/01/2011
3J. Notice of Completion for the Public Improvement Project on
Barton Road, Michigan Street, and La Paix
ITEM REMOVED FROM CONSENT CALENDAR
3F. Crime Prevention Committee Member Appointments, Reinstatement and
Vacate
CC-2012-02 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to approve the following:
Vacate the term of Philomene Spisak as a Regular Member of the Crime
Prevention Committee and appoint her as an alternate member with a term
continuing to June 30, 2014.
Reinstate Don Bennett as a Regular Member of the Crime Prevention
Committee to fill his unexpired term continuing to June 30, 2014.
Appoint Manuel Baltierra as a Regular Member of the Crime Prevention
Committee to fill an unexpired term continuing to June 30, 2014.
Appoint Robert J. Kaplanek as a Regular Member of the Crime Prevention
Committee to fill an unexpired term continuing to June 30, 2012.
Appoint Philip H. Robb as a Regular Member of the Crime Prevention
Committee to fill an unexpired term continuing to June 30, 2012.
Council Minutes
01/10/2012
Page 3
Direct Staff to send a letter to all of the individuals informing them of the
action taken by the City Council.
PUBLIC COMMENT
R.A. “Barney” Barnett, reported that they have been fighting for a Metrolink Station
in Highgrove for 10 years. SCAG is in the process of doing a 23 year plan and
requested that the citizens of Grand Terrace write SCAG to promote this Highgrove
Station because it will benefit the entire area and region. A copy of the plan is
available at the Highgrove Library and other information is available on their
website.
Jeffrey McConnell, reported that the Lion’s Club held their third sight clinic. They
saw 322 people and most, if not all, received a pair of recycled prescription glasses.
He reminded everyone that no longer need their old prescription glasses to donate
them to the Lion’s Club.
Debra Hurst, reported that a CERT class will begin on February 6, 2012. Classes
will be held at the Loma Linda Fire Station. Those interested should contact the
Loma Linda Fire Department Emergency Operations Center and speak with Debra
Harris.
Mayor Pro Tem Lee Ann Garcia, stated that there is a possibility of having a teen
CERT. Those interested should also contact Debra Harris. Mayor Pro Tem Garcia
requested that the CERT flyer be placed on the website.
COUNCIL REPORTS
Councilmember Gene Hays, reported that the Grand Terrace Community Youth
Soccer All-Stars Girls 12U showed great effort and spirit in the tournament in
Yucaipa. We should all be proud.
Councilmember Darcy McNaboe, clarified that the Sheriff’s Service Specialist
Officer position was not cut, there is just a change in the types of services that is
going to be provided by that individual. She participated in the Lion’s Club Sight
Clinic. It was a great service provided to the community. She attended the Grand
Terrace Youth Basketball Opening Ceremonies and it was great to see the parents
and volunteers coming together to make the event happen.
Councilmember Bernardo Sandoval, recapped events that took place during 2011.
He feels that it is always the motivation of the community to do what is best for the
City, even though the view-points may be different. The people of the community
work hard to make Grand Terrace a special City. We have an amazing City and it
has been a privledge to be a Councilman for the City.
Council Minutes
01/10/2012
Page 4
Mayor Pro Tem Lee Ann Garcia, agreed with Councilmember Sandoval. She is
optimistic about the future of Grand Terrace because of all of the support from the
community. She thanked the Sheriff’s Department for catching the individual who
robbed Roses’ Nails. She reported that Burt’s Jewelry moved his location next to
Mr. TV Video. She attended the Grand Terrace Youth Basketball Club, which was
an outstanding event. They were very organized and did a great job. She feels if
we all have the right perspective and attitude as we move forward we can
accomplish anything. She looks forward to creating a game plan with the
dissolution of Redevelopment with the community.
Mayor Walt Stanckiewitz, stated that he is going to try and do a Sacramento update
on what his interpretation is of what Governor Brown puts out to the public. ERAF
and SERAF were ploys by Sacramento to rob money from our Redevelopment
Agency starting two years ago. They got away with both of them and they were
done in the name of education. He read a quote from the documents about the
SERAF payments that were taken from City Redevelopment Agencies and “given to
school districts”. “The funds distributed to schools or County offices of education
from SERAF must be used to serve pupils living in the project area or in housing
supported by redevelopment funds. It is unclear how an agency is supposed to
determine how many students are in housing supported by redevelopment funds.
The total amount of SERAF funds received by a school district is deemed to be
local property taxes and will reduce dollar for dollar the states proposition 98
obligation to school districts.” They basically took from Grand Terrace, gave to
Colton Joint Unified School District and then took from Colton Joint Unified School
District Proposition 98 funds. So Colton Joint Unified School District netted nothing.
He feels that is what is going to happen with the abolishment of Redevelopment and
the billion dollars that Governor Brown is talking about that is going to go to Public
Education. He reported that the wood was delivered for the gymnasium of the new
high school in Grand Terrace. He announced that the Second Annual Mayor’s
Charity Ball for Breast Cancer Research will be held on Saturday, April 14th at the
Hilton in San Bernardino. He suggested tabling the City Manager Evaluation until a
later time.
PUBLIC HEARINGS
6A. An Ordinance of the City Council of the City of Grand Terrace, California
Repealing in their Entirety Ordinance No. 221 and Chapter 5.80 of the
Municipal Code and Adopting an Ordinance Establishing a New Chapter 5.80
(Non-Owner Occupied/Rental Property Program) of Title 5 of the Municipal
Code
Joyce Powers, Community and Economic Development Director, gave a brief
overview of the proposed Ordinance.
Council Minutes
01/10/2012
Page 5
Councilmember Hays recused himself from this item.
Mayor Stanckiewitz opened the Public Hearing for discussion.
Tom Lanza, is opposed to the Ordinance and would like the program to be
terminated.
Jeff McConnell, is opposed to the Ordinance and feels the program should be
suspended or ended.
Philip Tardibuono, is opposed to the Ordinance and feels that the program should
be discontinued.
Kathy Tardibuono, is opposed to the Ordinance as it is written and feels that the
program should be eliminated.
Mayor Stanckiewitz closed the Public Hearing.
CC-2012-03 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY
COUNCILMEMBER MCNABOE, CARRIED 4-0-0-0 (COUNCILMEMBER
HAYS RECUSED HIMSELF), to approve the following:
Repeal existing Ordinance 221 and Municipal Code Chapter 5.80
establishing the “Nonowner Occupied/Rental Property Program” in their
entirety.
Conduct a public hearing to introduce an Ordinance establishing a new
Chapter 5.80, “Nonowner Occupied/Rental Property Program” and read by
title only.
Schedule adoption of the new Chapter 5.80 for January 24, 2012 and waive
further reading.
Designate the Community and Economic Development Director or her
designee to prepare a summary of the Ordinance pursuant to Government
Code 36933(c)(1).
6B. An Ordinance of the City Council of the City of Grand Terrace, County of San
Bernardino, State of California Adding Section 18.10.090 Planned
Residential Development to Chapter 18.10 of Title 18 of the Grand Terrace
Municipal Code
Sandra Molina, Senior Planner, presented the proposed Ordinance.
Mayor Stanckiewitz opened the Public Hearing for discussion.
Council Minutes
01/10/2012
Page 6
Doug Wilson, indicated that he instigated this Ordinance. He feels that there needs
to be some changes with the Ordinance presented to the City Council and
requested that the Council send it back to the Planning Commission to be re-
worked.
Matthew Addington, stated that he is in favor of the Ordinance and feels that it could
be a benefit to the community, however, it needs some tweaking. He would like the
Council to consider this ordinance as it moves forward.
Daryl Moore, is in support of the proposed Ordinance. He presented the Council
with eight recommendations that he would like to be changed and/or included in the
Ordinance.
Jeffrey McConnel, is in support of the Ordinance. He feels that the adoption of the
Ordinance will stimulate development and businesses within the community.
Mayor Stanckiewitz closed the Public Hearing.
CC-2012-04 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY
COUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the following:
Conduct a public hearing on the proposed Ordinance to add Section
18.10.090 Planned Residential Development to Chapter 18.10 of Title 18 of
the Grand Terrace Municipal Code, read by title only, waive further reading,
and introduce Zoning Code Amendment 11-02; and
Designate the Community and Economic Development Director or her
designed to prepare a summary of the Ordinance for publishing by the City
Clerk pursuant to Government Code 36933 (c)(1).
UNFINISHED BUSINESS
7A. Review of Preliminary Design for the New Active Park on Grand Terrace
Road
Greg Meeks, Albert A. Webb Associates, gave a presentation on the preliminary
design for the new active park on Grand Terrace Road.
This is a review item for the City Council. The following comments were made by
the public:
Janise Llewellyn, expressed her concern with the lack of privacy with the installation
of a chain link fence around the perimeter of the park. She would like to see a block
wall built instead.
Council Minutes
01/10/2012
Page 7
Robert Macias/Jose Oliver, indicated that he did not participate in prior meetings
with regards to this park because he recently purchased the property. He is
concerned with safety issues with the design of the proposed park. He feels that
there is inadequate lighting and a lack of privacy for the surrounding homeowners.
He is also concerned that there may be a rodent problem with the suggested plants
on the chain link fence. He would like to see a block wall built instead of a chain link
fence.
Staff will look at alternatives and costs involved with the items that were brought up
this evening.
NEW BUSINESS
8A. Resolution – Display of National Motto “In God We Trust”
CC-2012-05 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MCNABOE, CARRIED 5-0, to approve a Resolution supporting the display of
the National Motto “In God We Trust” in the Grand Terrace Council
Chambers in a prominent location above the seal.
8B. Resolution – Consider Whether the City Wishes to Serve as the Successor
Agency to the Community Redevelopment Agency Pursuant to Health &
Safety Code Section 34173
CC-2012-06 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY
COUNCILMEMBER HAYS, CARRIED 5-0, to approve a Resolution electing
to have the City of Grand Terrace serve as the Successor Agency to the
Community Redevelopment Agency of the City of Grand Terrace pursuant to
California Health and Safety Code Section 34173 and electing to have the
City of Grand Terrace retain the Housing Assets and Housing functions
previously performed by the Community Redevelopment Agency of the City
of Grand Terrace pursuant to California Health and Safety Code Section
34176
8C. Fiscal Impact to the General Fund of the California Supreme Court’s
Decision in the California Redevelopment Association v. Matosantos Case
Betsy Adams, City Manager, indicated that on December 29, 2011 the Court upheld
ABX1 26 and invalidated ABX1 27 thereby eliminating redevelopment agencies and
the voluntary option to pay and continue redevelopment. She reported the potential
Fiscal Impact to the General Fund of the City.
Mayor Pro Tem Lee Ann Garcia, questioned if the City will be able to use the bond
proceeds.
Council Minutes
01/10/2012
Page 8
City Manager Adams, responded that it is not clear at this point. Staff is waiting for
legal review.
Councilman Bernardo Sandoval, feels that unless the City does something to create
revenue the residents will see significant cuts in services.
Councilman Gene Hays, stated that residents need to be aware that some of the
basic services will be cut out as a matter of necessity.
Councilwoman Darcy McNaboe, is positive about the future of Grand Terrace with
an increase in property taxes and sales tax revenue. She feels that the City is
moving in the right direction.
Mayor Pro Tem Garcia, feels that the residents need to be kept informed. She also
feels that the community will come together and get through this tough economic
time. She requested the updates on the Redevelopment issues be placed on the
website.
Mayor Walt Stanckiewitz, feels that the City does need to do something to raise
revenue. He is not in favor of using one time monies to get through the next fiscal
year.
Sylvia Robles, feels that we should let this play out and be positive through the
process; we have time on our side.
Jeffrey McConnell, feels that there are many things the City can do to survive this
tough economic time. He feels that we need to look outside of the box and be
creative in ways to generate revenue. He feels that slashing the budget and
increasing taxes is not the answer.
There was no action taken by the City Council. This is a receive and file item only.
CLOSED SESSION - None
Mayor Stanckiewitz adjourned the meeting at 10:28 p.m., until the next City Council
Meeting which is scheduled to be held on Tuesday, January 24, 2012 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item (X) CRA Item ( )
TITLE: Notice of Completion, Pico Street Asphalt Overlay.
PRESENTED BY: Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION: Approve the attached Notice of Completion for the Pico
Street Paving Project.
BACKGROUND:
As part of the Measure I Five Year Capital Improvement Plan (CIP), roadways in need
of repairs are chosen by each jurisdiction for rehabilitation using funds set aside
thorough a one-half of one – percent retail transaction and use tax in the incorporated
and unincorporated areas of the County of San Bernardino.
The funds used for the Pico Street Asphalt Overlay project are Measure I Funds
distributed by SANBAG to the City of Grand Terrace. On December 13, 2011 City
Council awarded Bid No. 2011-04, Pico Street Asphalt Overlay, to Roquet Paving Inc.
The Pico Street Asphalt Overlay was completed on January 12, 2012.
DISCUSSION:
Due to the poor paving conditions on the side streets, additional grinding and paving
was performed on these streets. Also, one additional manhole was discovered on Pico
Street that was covered up by a previous paving project. This manhole was raised and
manicured at an additional cost to the project. The total costs for the project is
$81,633.20. City Council approved $88,043.42 for the project.
The additional work requested is listed below:
1. Raise one extra manhole, $ 575.00
2. Additional paving Royal Street, 408 Sq Ft, $1,876.80
3. Additional paving Garden Street, 306 Sq Ft, $1,407.60
COUNCIL AGENDA ITEM NO. 3D
Approvals
Finance Director (if applicable) B.S.
City Attorney RLA
City Manager bma
4. Additional paving Sanburg Way, 264 Sq Ft, $1,214.40
Staff recommends the City Council approve the attached Notice of Completion.
FISCAL IMPACT:
$80,000.00 was originally budgeted in account number 46-900-313 to repair Pico
Street. On December 13, 2011 City Council appropriated an additional $8,044 from
Measure I Funds to be added to the $80,000 providing $88,044 for the project. The
cost to complete the project totaled $81,633.20, a savings of $6,410.22. The Measure I
Fund had a projected unreserved, undesignated Fund Balance of $75,000.00, with the
savings, the Fund Balance will increase to $81,410.22.
Respectfully submitted:
/s/ Richard Shields
Richard Shields, Director of Building & Safety/Public Works
ATTACHMENTS:
Notice of Completion
Pictures of Project
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
CITY OF GRAND TERRACE
CRIME PREVENTION COMMITTEE
Regular Meeting
MINUTES
December 12, 2011
RECEIVED
JAN 2012
4TY OF GRAND TERRACE
CLERK'S DEPARTMEN'"
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 4:00 p.m. by Chairperson, Don
Bennett.
MEMBERS PRESENT were Pat Smith, Lew Neeb, Don Bennett and JoAnn Johnson.
MEMBERS ABSENT — None
CITY STAFF/SHERIFF'S DEPT. — None.
GUESTS PRESENT — None.
INTRODUCTIONS — None.
AGENDA was approved with motion by Pat Smith and second by JoAnn Johnson.
MINUTES for the last meeting could not be determined. The last minutes anyone had were for
September 13, 2010. It is not certain that there has been a full meeting since then.
PUBLIC COMMENT — None.
CORRESPONDENCE — Applications from three prospective members will be covered under New
Business.
UNFINISHED BUSINESS
A. Criminal Activities
a.It is believed that overall, crime is down within the city. Crimemapping.com has
been reporting between three and six crimes each week recently.
b.Crime Reports are no longer available to the Crime Prevention Committee
members unless delivered by our SSS.
B. Neighborhood Watch Program — In the absence of the SSS, there was no information
available.
NEW BUSINESS
A.Crime Prevention Planning
a. The current goal is to build up the Crime Prevention Committee with secondary
goal of enlisting a permanent Secretary.
B.Other Community Programs
a.Country Fair went very well on November 5 th.
b.City Birthday Party will be December 13 th at 6 o'clock followed by the City
Council Meeting at 7:30.
COUNCIL AGENDA ITEM NO. 5E
JoAnn Joh
c. Friends of Blue Mountain will be featured in the Display Case in the Lobby of
City Hall.
C. Consideration of three new members
a.Consideration of Manuel Baltterra who applied on September 6, 2011. The
Committee members discussed the exceptional talents he would bring to the
committee and agreed that he would be an excellent source of information.
b.Consideration of Robert J. Kaplanek who applied on September 15, 2011. It was
believed that he did wish to participate in our effort to keep the city safe.
c.Consideration of Phillip H. Robb who applied on October 20, 2011. This
applicant also brings a background that will enhance our committee.
d.Pat Smith made the motion to accept the applications of the three applicants
and JoAnn Johnson seconded the motion. Vote was unanimous to accept.
e.Chairperson, Don Bennett, will call the applicants and inform them that the
Committee has voted to accept them for membership and invite them to attend the
next regular meeting on January 9, 2012
f.The Acting Secretary will send Action Items indicating our wishes to the City
Council for their January 10, 2012 meeting.
D. Member Reports - None
ADJOURNMENT - There being no further business to discuss, the meeting was adjourned at 4:34
p.m.
Acting Secretary,
Next Crime Prevention Meeting January 9, 2012 4:00 pm at City Hall
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( )
TITLE: Ordinance establishing a new Chapter 5.80 (Non-owner
Occupied/Rental Property Program)
PRESENTED BY: Joyce Powers, Director of Community and Economic
Development
RECOMMENDATION: Adopt the attached Ordinance repealing, in their entirety,
existing Ordinance No. 221 and Municipal Code Chapter 5.80
establishing the “Non-owner Occupied/Rental Property
Program” and establishing a new Chapter 5.80 “Non-owner
Occupied/Rental Property Program” of the Municipal Code
BACKGROUND:
On January 10, 2012, the City Council introduced the attached ordinance and moved to
second reading and adoption a proposed ordinance to repeal existing Municipal Code
Chapter 5.80 and establish a new Chapter 5.80 “Non-owner Occupied/Rental Property
Program” of the Grand Terrace Municipal Code.
DISCUSSION:
Staff recommends adoption of the proposed Ordinance.
FISCAL IMPACT:
It is anticipated that the program revenue will be reduced by approximately $15,000 this
fiscal year due to the proposed condominium exemptions; and additional reductions
may occur due to “Good Landlord” reductions
Respectfully submitted:
/s/ Joyce Powers
Joyce Powers
Community and Economic
Development Director
COUNCIL AGENDA ITEM NO. 3F
Approvals
Finance Director (if applicable) N/A
City Attorney RLA
City Manager bma
ATTACHMENTS:
1. Ordinance adopting Planned Residential Development standards
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA REPEALING IN THEIR ENTIRETY ORDINANCE NO. 221 AND
CHAPTER 5.80 OF THE MUNICIPAL CODE AND ADOPTING AN ORDINANCE
ESTABLISHING A NEW CHAPTER 5.80 (NON-OWNER OCCUPIED/RENTAL
PROPERTY PROGRAM) OF TITLE 5 OF THE MUNICIPAL CODE
WHEREAS, the City Council at their 2005 City-Wide Prioritization Workshop
rated a Rental Housing Ordinance as one of their top 10 priorities for in Fiscal Year
2005-06; and
WHEREAS, the goal of this program is expected to assist the City to clean up
sub-standard rental stock, improve the quality of life in our neighborhoods, and maintain
and or increase the economic value of single-family homes and other rental residences;
and
WHEREAS, on January 1, 2006, the City Council adopted Ordinance No. 221
adding Chapter 5.80 (Non-owner Occupied/Rental Property Program) to Title 5 of the
Municipal Code.
WHEREAS, at a November 8, 2011, City Council meeting the City Council
discussed changes to the Non-owner Occupied/Rental Property Program including
proposed fee reductions for well-maintained properties and an education program to
assist property owners and managers with the inspection process, and directed staff to
meet with owners and properties managers of the Program.
WHEREAS, on December 7, 2011, a meeting was conducted with owners and
managers of the Program to discuss the proposed changes as well as obtain their input
on the Program.
WHEREAS, on January 10, 2012, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on the proposed Ordinance at the Grand
Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA
92313 and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows:
SECTION 1. The proposed Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines because the activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA. The Ordinance establishes regulations for the inspection of non-owner
occupied and/or rental properties, which would have a significant impact on the
environment.
SECTION 2. Ordinance No. 221 and Chapter 5.80 of the Municipal Code are
repealed in their entirety, and a new Chapter 5.80 (Non-owner Occupied/Rental
Property Program) to Title 5 of the Municipal Code is adopted, as follows:
“Chapter 5.80
NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM
Sections:
5.80.010 Purpose.
5.80.020 Definitions.
5.80.030 Scope.
5.80.040 Exemptions.
5.80.050 Annual inspection fee.
5.80.060 Education.
5.80.070 Inspections authorized--Compliance with applicable codes and standards.
5.80.080 Exterior building maintenance standards.
5.80.090 Exterior site maintenance standards.
5.80.100 Interior maintenance standards.
5.80.110 Notification of inspection--Inspection procedure.
5.80.120 Report of Inspection
5.80.130 Reinspection fee.
5.80.140 Violations.
5.80.150 Enforcement.
5.80.160 Civil action – Receivership.
5.80.170 Appeal process.
Section 5.80.010 Purpose.
The purpose of this chapter is to identify substandard non-owner occupied/rental
property and to ensure rehabilitation or elimination of non-owner occupied/rental
properties that do not meet minimum building and housing code standards, exterior
maintenance standards or are not safe to occupy.
It is the intention of the city council to establish a program whereby the exteriors
of non-owner occupied/rental housing units can be inspected on a regular basis and
certified as meeting minimum standards. The City endeavors to target its efforts to
properties where violations exist and are a habitual condition of the property without
unduly burdening responsible and prudent property owners.
Section 5.80.020 Definitions.
For purposes of this chapter, the following terms, phrases and words shall have
the meanings given herein. Unless otherwise expressly stated, words not defined herein
shall be given their common and ordinary meaning.
“Apartment house” means any dwelling, which is designed, built, rented, leased,
let or hired out for occupation, or which is occupied as the home residence of three or
more families living independently of each other in dwelling units.
“Applicable codes and standards” means those minimum standards governing
residential rental property as contained in the State Housing, Building Fire and Civil
Codes.
“Approved” means performed in a manner and/or materials consistent with the
California Building Code in effect at the time of construction or substantial renovation
unless otherwise provided.
“Basement” means a story having a clear height of at least seven feet from
finished floor to finished ceiling, the floor level of which is below finished grade but not
less than four feet below the average finished grade, having floor and walls of approved
construction.
“Code enforcement” means city personnel responsible for enforcement of
applicable municipal and building codes and standards. Also referred to as “inspector”.
“Habitually substandard” means rental property with code or standards violations
that persist for six months or more after notice of violation has been given and where
there has been no attempt to abate the problem.
“Inspection fee” means a fee set by the city to cover the cost of administering this
program.
“Landscape” means areas defined as the general landscape area, rights-of-way
and detention or pond areas.
“Maintenance standards” means standards, which govern the physical
appearance and condition of both the exterior and interior areas of an apartment house.
“Non-owner occupied/rental property” means a residential dwelling wherein the
owner/landlord gives to another the temporary possession and use of property in
exchange for consideration and the latter agrees to return the property to the
owner/landlord.
“Notification of inspection” means notice from the city to the property owner/agent
that the city will be conducting an inspection.
“Occupant” means any person who occupies a unit, as a tenant or permittee of
the owner, but not an owner-occupied unit.
“Owner” means any individual, partnership, corporation including the agent(s) of
the owner who has title to a residential rental unit.
“Owner occupied” means a residential unit, which is occupied by the owner.
“Well-maintained properties” means properties with no existing violations of the
Grand Terrace Municipal Code, California Housing Code, California Building Code,
California Fire Code or the California Civil Code.
Section 5.80.030 Scope.
The provisions of this chapter shall apply to all existing non-owner
occupied/rental property, including parking lots, driveways, landscaping, accessory
structures, fences, walls, swimming pools, hot tubs and spas. Hotels, motels,
mobilehome parks, bed and breakfasts, and other similar occupancies are specifically
excluded from the provisions of this chapter.
Code Enforcement Officers will conduct the initial and subsequent inspections.
Section 5.80.040 Exemptions.
A. Newly Constructed Buildings. Newly constructed buildings shall be exempt
from this chapter for a period of one year. The exemption period shall begin on the date
a certificate of occupancy is issued.
B. Condominiums. Condominium units of which the ownership consists of the
interior only, shall be exempt from this chapter.
Section 5.80.050 Annual inspection fee.
Property owners with buildings subject to inspection shall pay a fee in the amount
set forth in the resolution establishing fees and charges for various municipal services,
up to a maximum of $10,000 per property. The fee will be used to finance the cost of
inspection and enforcement of this program. Should the property owner fail to pay the
required fee, the city will recover it, plus accrued interest and penalties, utilizing any
remedies provided by law including nuisance abatement or municipal tax lien
procedures established by ordinance or state law.
A. Good Landlord/Tenant Program. Well-maintained properties that have
passed inspections for three consecutive years may qualify to participate in the good
landlord/tenant program. For qualifying participants, the property owner will pay an
annual inspection fee that is one-half of the City inspection program’s annual fee,
provided conditions do not deteriorate to the point where the property would no longer
meet eligibility standards for program participation. Well-maintained properties that
have passed inspections for four consecutive years will pay an annual inspection fee of
25% of the City inspection program’s annual fee. For properties eligible under the
program, a drive-by inspection will be conducted to ensure satisfactory maintenance.
B. Any property that participates in the good landlord/tenant program may be
removed from the program at any time if it fails to meet any or all of the interior and
exterior standards described in this chapter. If a property is removed from the Good
Landlord/Tenant Program, the annual fee will be increased to the next highest fee
percentage. If the property is still not eligible for the Good Landlord/Tenant Program
after the second year, the annual fee will be the full amount.
C. At all times, the City shall retain the authority to investigate and address
any violation of the Grand Terrace Municipal Code, California Housing Code, California
Building Code, California Fire Code or the California Code or Regulations.
Section 5.80.060 Education.
Annually, each property owner will receive an invitation to an educational session
entitled “How to Pass your Inspection”. The educational session will be held in
February of each year and presented by City staff.
The property owner and/or property managers shall be provided an explanation
of what to expect during their inspections that will allow them to objectively assess their
own property. The educational session will familiarize property owners, and property
managers, with the basic procedures of an inspection, what is considered a violation,
and what is considered compliance with the Municipal Code, California Housing Code,
California Building Code, California Fire Code and the California Civil Code.
Section 5.80.070 Inspections authorized--Compliance with applicable codes and
standards.
A. Inspections--Conformance with Standards.
1. A City Code Enforcement Officer shall conduct an annual exterior
inspection of all non-owner occupied/rental properties located within the City. If at the
time of the exterior inspection violations are found or other probable cause is present to
believe there may be violations within the interior of the property, the inspecting officer
may request that an interior inspection be completed. In the event a tenant in
possession of a property to be inspected refuses access to said property, the City
Attorney is authorized to obtain from a court of competent jurisdiction any warrant
necessary based on just cause, to conduct the inspection.
2. Buildings shall be maintained in accordance with the code standard
that was in effect at the time the building was constructed, and any additional
requirements mandated by the Municipal Code or State Law.
B. Noncomplying Structures. Structures and premises that do not comply
with the provisions of this code and the codes listed above must be altered or repaired
to obtain the required level of compliance or demolished.
Section 5.80.080 Exterior building maintenance standards.
In addition to the California Model Building Codes and City of Grand Terrace
Municipal Code, and California Health and Safety Code, residential non-owner
occupied/rental buildings shall meet the following exterior building maintenance
standards:
A. Buildings, or portions thereof, shall have exterior walls that are weather
tight, or watertight, and kept free of deterioration, holes, breaks, or loose boards or
coverings. Roof surfaces shall be watertight and not have any defects that will allow
water to enter into the structure.
B. The exterior finish of all structures shall be maintained. If the exterior finish
of a structure is paint or stain, the structure shall be painted or stained prior to a time
when the exterior finish has substantially deteriorated.
C. All architectural projections such as cornices, moldings, lintels, sills and
similar projections shall be maintained in good repair and free of defects.
D. All chimneys, antennas, vents, gutters and downspouts and similar
projections or building accessories shall be structurally sound and in good repair. Such
projections shall be properly secured, when applicable, to an exterior wall or roof.
E. Windows shall be weather tight, free from loose and broken glass and
cracks that could cause physical injury or allow the elements to enter the structure.
Exterior doors shall be maintained weather tight, water tight and rodent proof. Exterior
doors of rental dwelling units shall be solid core or equivalent and be provided with an
inside thumb-turn deadbolt-locking device that tightly secures the main entry door.
F. All structures and exterior property shall be maintained free of rodent,
insect or vermin infestation, which creates an unsafe or unsanitary environment on the
subject, or adjacent buildings or properties.
G. All accessory structures shall be maintained in a state of good repair or
removed from the site. Such structures shall include, but not be limited to, clubhouses,
offices, maintenance buildings, carports, retaining walls, fences, garages, swimming
pools, spas, hot tubs, and miscellaneous sheds or structures.
Section 5.80.090 Exterior site maintenance standards.
In addition to the California Model Building Codes and City of Grand Terrace
Municipal Code and Health and Safety Code, residential non-owner occupied/rental
buildings shall meet the following exterior site maintenance standards:
A. There shall be no accumulation of weeds, vegetation, junk (to include, but
not be limited to, abandoned, unused or nonoperational appliances, equipment,
vehicles, machinery, or household furnishings), dead organic matter (including lawns),
debris, garbage, stagnant water, combustible materials or similar materials or
conditions.
B. All parking areas shall be improved with an impervious surface and kept
free of potholes, cracks or other deterioration. All striping and signage, including
parking signage and fire lane or access signage, shall be maintained in good condition
and clearly legible.
C. All landscape and hardscape areas shall be maintained so as not to
constitute a public nuisance.
D. Refuse enclosures shall be installed and maintained at multi-family
properties. Oversized trash that will not fit within the refuse enclosure shall be removed
from the property.
Sections 5.80.100 Interior maintenance standards.
In addition to the California Model Building Codes and Health and Safety Code,
residential non-owner occupied/rental buildings shall meet the following interior
maintenance standards as defined in California Code of Regulations (CCR) Title 25
definition of a “habitable” rental unit:
A. Plumbing facilities in good working order, including hot and cold running
water, connected to a sewage disposal system;
B. Gas facilities in good working order;
C. Heating facilities in good working order;
D. An electric system, including lighting, wiring, and equipment, in good
working order;
E. Clean and sanitary buildings, grounds, and appurtenances (detached
garage, garden, etc.) free from debris, garbage, rodents, and vermin;
F. Adequate trash receptacles in good repair;
G. Floors, stairways, and railings in good repair;
H. A working toilet, wash basin, and bathtub or shower;
I. A kitchen with a sink not made of absorbent material.
J. Natural light in every room through windows or skylights. Windows in
each room must be able to open at least halfway for ventilation, unless a fan provides
mechanical ventilation;
K. Safe fire or emergency exits leading to a street or hallway. Stairs,
hallways, and exits must be kept litter-free. Storage areas, garages, and basements
must be kept free of combustible materials;
L. Operable thumb-turn deadbolt locks on the interior of the main entry doors
of rental units, and operable locking or security devices on windows; and
M. Working smoke detectors in all units of multi-unit buildings, such as
duplexes and apartment complexes. Apartment complexes also must have smoke
detectors in common stairwells. Effective July 1, 2011, the Carbon Monoxide Poisoning
Prevention Act (Senate Bill – SB 183) requires all single-family homes with an attached
garage or a fossil fuel source to install carbon monoxide alarms within the home by July
1, 2011. Owners of multi-family leased or rental dwellings, such as apartment buildings,
have until January 1, 2013 to comply with the law.
Section 5.80.110 Notification of inspection--Inspection procedure.
A. The exterior of the property will be inspected within the first three to six
months of each calendar year. The property owner or property manager may request a
scheduled inspection. For properties of 16 units or more, the inspector will contact the
property owner or property manager to set an appointment for the inspection.
B. If probable cause is observed to warrant an interior inspection, a letter of
intent to inspect the property shall be mailed to the property owner stating an
approximate date and time of inspection .
C. It shall be the responsibility of the property owner to notify any individual
tenants of an interior inspection.
D. At the invitation of the tenant in possession of the property, City Code
Enforcement Officers may enter the property for scheduled or unscheduled inspection.
Section 5.80.120 Report of Inspection.
Upon completion of the property inspection, the inspector shall send a written
report of inspection, via regular mail, to the property owner. The report of inspection
shall contain an itemization of the violation(s) and set period of time for correction
ranging from twenty-four hours to up to sixty days.
Section 5.80.130 Reinspection fee.
Upon inspection, the inspector may instruct the owner of the facility to perform
work, take action, or refrain from action to ensure compliance with applicable codes. If
the inspector discovers upon reinspection that the work, action, or inaction requested
was not performed, the property owner shall be charged a reinspection fee to the extent
set forth in the resolution establishing fees and charges for various municipal services.
Should the property owner fail to pay the required fee, the City will recover the amount
of the fee plus accrued interest and penalties utilizing any remedies provided by law
including nuisance abatement or municipal tax lien procedures established by ordinance
or state law.
Section 5.80.140 Violations.
A. Notice of Violation. Whenever the inspector determines that a violation of
this chapter exists, the inspector shall give notice of violation and an order to correct to
the property owner. The notice shall be in writing, sent via both mail and certified mail,
and shall describe the violation in sufficient detail so that a reasonable owner would
understand the violation(s) and have the opportunity to correct said violation(s).
B. Time for Correction. The notice shall provide a reasonable time for
correction, ranging from twenty-four hours to up to ninety days from the date of the
notice of violation mailing, depending upon the severity of the violation. The owner may
request an extension of time. The extension may be granted if the inspector determines
that substantial progress is being made to correct the violation.
C. Building Permits Required. Building permits for the correction of violations
shall be issued, as required by the California Building Code, through the City Building
and Safety/Public Works Department.
D. Reinspections. Reinspections will be conducted to verify that the violations
identified on the initial inspection have been corrected. Any violations that were not
noted on the initial inspection report, but are discovered on the reinspection due to
subsequent damage or deterioration, shall be subject to correction.
Section 5.80.150 Enforcement.
Each violation that continues after the set date of correction with no attempt to
abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for
the second citation, and five hundred dollars for the third and subsequent citations per
violation.
The failure of any property owner to pay fines assessed by administrative
citation, within the specified time, will result in the city’s pursuit of all legal remedies
available to recover amount of the fine, penalties, and associated costs.
Further, the City intends to utilize the provisions of California Revenue and
Taxation Code Sections 17274 and 24436.5 to encourage the elimination of
substandard conditions in non-owner occupied/rental property. Said section provides for
the disallowance of state income tax interest, depreciation, taxes, or amortization
deductions that are derived from the ownership of rental housing that is not in
compliance. The City is also authorized to use the remedies set forth in the California
Building Code and the California Code of Regulations.
If after the City has pursued all available options under the law and the property
still has not been brought into full compliance with applicable codes and standards, the
City will use reasonable means to abate the nuisance and seek recovery from the
property owner. Such steps shall be taken no later than twelve months after the initial
violation is found. In extreme cases recovery may include the use of civil actions,
specifically receivership proceedings.
Section 5.80.160 Civil action--Receivership.
The City may petition the Superior Court for the appointment of a receiver over a
substandard property if the property owner has failed to comply with the terms of a
notice or order to repair issued by the City.
The petition seeks to authorize the receiver to rehabilitate the property, borrow
funds as necessary to pay for the rehabilitation and other receivership costs, and secure
any incurred debt with a recorded super-priority lien on the property.
The petition seeks a preliminary injunction that would order the property owner
and other interested parties to immediately turn over possession of the property to the
receiver, prohibit the owner and other interested parties from collecting income from the
property, interfering with the receiver, or encumbering the property during the
receivership.
The petition seeks to prohibit existing mortgages from undertaking foreclosure
proceedings against the property during the receivership.
Section 5.80.170 Appeal process.
Any person desiring to appeal a determination of the inspector may appeal in
writing and submit an advance deposit of the fine or fee to the City Clerk’s office, 22795
Barton Road, Grand Terrace, CA 92313 within 15 days from the date the citation or
reinspection fee was issued. An appeal will result in an administrative hearing. The
determination of the administrative hearing officer shall be final.”
SECTION 3. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 4. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 5. Posting: The City Clerk shall cause this Ordinance to be posted
in three (3) public places within fifteen (15) days of its adoption, as designated for such
purpose by the City Council
SECTION 6. First introduced at a regular meeting of the City Council held on
the 10th day of January, 2012 and finally adopted and ordered posted at a regular
meeting of said City Council on the 24th day of January, 2012.
ATTEST:
______________________________ _____________________________
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
and of the City Council thereof and of the City Council thereof
I, Tracey Martinez, 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 on the
10th of January 2012, and adopted at a regular meeting of the City Council of the City of
Grand Terrace held on the 24th day of January 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tracey Martinez, City Clerk
Approved as to form:
________________________________
Richard L. Adams, City Attorney
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( )
TITLE: Zoning Code Amendment 11-02; New Section 18.10.090
Planned Residential Development
PRESENTED BY: Joyce Powers, Director of Community and Economic
Development
RECOMMENDATION: Adopt the attached Ordinance to add Section 18.10.090
Planned Residential Development to Chapter 18.10 of Title 18
of the Grand Terrace Municipal Code.
BACKGROUND:
On January 10, 2012, the City Council introduced the attached ordinance and moved to
second reading and adoption a proposed ordinance to revise Section 18.10.090 of the
Residential Chapter of the Zoning Code to establish Planned Residential Development
standards.
DISCUSSION:
Staff recommends adoption of the proposed Planned Residential Development
standards.
Respectfully submitted:
/s/ Joyce Powers
Joyce Powers
Community and Economic
Development Director
COUNCIL AGENDA ITEM NO. 3G
Approvals
Finance Director (if applicable) N/A
City Attorney RLA
City Manager bma
ATTACHMENTS:
1. Ordinance adopting Planned Residential Development standards
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
ADDING SECTION 18.10.090 PLANNED RESIDENTIAL
DEVELOPMENT TO CHAPTER 18.10 OF TITLE 18 OF THE GRAND
TERRACE MUNICIPAL CODE
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings, structures, and
land as between industry, business, residences, and open space, and other purposes;
to regulate the location, height, bulk, number of stories and size of buildings and
structures, the size and use of lots, yards, courts and other open spaces, the
percentage of a lot which may be occupied by a building or structure, and the intensity
of land use; and to establish requirements for off-street parking, in compliance with the
California Government Code.
WHEREAS, Chapter 18.90 of the Municipal Code provides a process for the
amendment of the Zoning Code.
WHEREAS, the Project, as contemplated, proposes to establish a new Section
18.10.090 entitled Planned Residential Development in order to facilitate the
development of infill lots that may be otherwise constrained due to lot size,
configuration, and/or topography.
WHEREAS, on July 21, 2011, and September 1, 2011, the Planning Commission
of the City of Grand Terrace conducted two public workshops on the planned residential
development (PRD) provisions.
WHEREAS, on October 6, 2011, and October 20, 2011, the Planning
Commission of the City of Grand Terrace conducted duly noticed public hearings on
proposed Section 18.10.090 Planned Residential Development at the Grand Terrace
City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and
concluded the hearing on October 20, 2011, by voting 4-1 to recommend City Council
approval of the proposed Amendment.
WHEREAS, on January 10, 2012, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on Zoning Code Amendment 11-02 at the
Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace,
CA 92313 and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
Page 2 of 10
SECTION 1. Zoning Code Amendment 11-02 is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines because the activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA. The Project establishes standards and procedures for planned residential
development projects, but does not include any development activities, which would
have a significant impact on the environment.
SECTION 2. Zoning Code Amendment 11-02 will not be detrimental to the
health, safety, morals, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the city because any
future development in accordance with the provisions are still subject to applicable
building and fire codes, and the provisions provide for setbacks, open space, parking
and building height regulations.
SECTION 3. Zoning Code Amendment 11-02 will not be injurious to property
or improvements in the neighborhood or within the city because it will not preclude the
continued use and/or development of surrounding properties.
SECTION 4. Zoning Code Amendment 11-02 is consistent with the latest
adopted General Plan, such as Goal 2.1 to provide for balanced growth which seeks to
provide a wide range of employment and housing opportunities and maintenance of a
healthy, diversified community, and Policy 9.3.1 because it provides incentives for
incorporating “green” building design into project design.
SECTON 5. Section 18.10.090 entitled “Planned Residential Development” is
hereby added to Chapter 18.10 of Title 18 of the Grand Terrace Municipal Code as
described in Exhibit 1 attached hereto.
SECTION 6. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 7. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting of
said City Council on the 24th day of January, 2012.
Page 3 of 10
ATTEST:
______________________________ _____________________________
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
and of the City Council thereof and of the City Council thereof
I, Tracey Martinez, 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 on the
10th of January 2012, and adopted at a regular meeting of the City Council of the City of
Grand Terrace held on the 24th day of January 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tracey Martinez, City Clerk
Approved as to form:
________________________________
Richard L. Adams, City Attorney
Page 4 of 10
Exhibit 1
Section 18.10.090 Planned Residential Development
A. Purpose. The purpose of this section is to provide a process for approving a
planned residential development that is intended to:
1. Allow for flexibility and creativity in the development of infill lots otherwise
constrained due to lot size, configuration and/or surroundings;
2. Provide a method whereby land may be designed and developed as a
unified site by taking advantage of efficient site planning techniques
thereby resulting in a more efficient use of land, a better living
environment, excellence of design, and related enhanced amenities than
is otherwise possible through strict application of the development
standards of the underlying zoning classification;
3. Ensure development that meets high standards of environmental quality,
public health and safety, the efficient use of the City’s resources, and the
purpose, intent, goals, policies, actions, and land use designations of the
General Plan, and any applicable specific plan.
B. Applicability.
1. Permitted zones. A planned residential development shall be permitted on
those parcels identified, within the R2–Low Medium and R3–Medium
Density Residential Zone districts. As determined by the Planning
Commission on a case by case basis, a planned residential development
may be proposed on any site other than those listed in subparagraph “a”,
provided that it meets the applicability requirements of this section.
a. A planned residential development may be proposed on the
following properties: Assessor’s Parcel Numbers: 0275-191-15,
0275-211-09, 0275-211-58, 0275-251-04, 0276-202-74, and 1167-
341-078.
2. Minimum Site Area. A planned residential development may only be
requested for a site(s) with a minimum size of 22,000 net square feet.
a. Net area shall mean the total horizontal area within the lot lines of a
lot, excluding public or private easement, any street, drive aisle, or
right of way area.
3. Permitted Uses. A planned residential development project shall not
authorize a use that is not allowed in the base zoning district.
Page 5 of 10
C. Development Standards.
1. Density: Density within a planned residential development shall comply
with the permitted density of the underlying zone district.
a. The fractional/decimal results of calculations of the number of
multiple housing units allowed within a land use zoning district shall
be rounded down to the next lowest whole number. If a fraction is
0.55 or more, the Director may recommend the higher whole
number to the Commission based on other development standards
and regulations being met.
2. Density bonus: A density bonus, as shown below, may be considered by
the Planning Commission, based on the merits of the project, including
that all applicable development standards are met. Only one density
bonus may be granted.
a. Notwithstanding Subsection 2 above, a density bonus shall be
granted for affordable housing developments in accordance with
the density bonus provisions of Government Code Section 65915;
or
b. A 20% density bonus with evidence that the project can be certified
in LEED for Homes; or
c. A 10% density bonus for construction of the project to meet or
exceed more than a 20% increase in energy efficiency above Title
24 requirements or;
3. Lot coverage: Lot coverage shall not exceed 60% of the lot area. Lot
coverage includes primary and accessory structures, covered patios and
garages.
4. Open space: A minimum of 20% of the lot area shall be open and
unobstructed. Paved areas, drive aisles, parking areas, private patios, or
areas between structures less than 10 feet in any dimension, shall not be
counted towards open space. Twenty-five percent of open amenity areas
may be counted toward the open space requirement.
5. Private open space: A minimum of 250 square feet of private open space
per dwelling unit shall be provided, with no dimension less than 10 feet.
Architectural elements with no habitable space may encroach into private
open spaces.
6. Amenities: Amenities may include a swimming pool, clubhouse, tot lot
with play equipment, picnic shelter with barbeque area, basketball, tennis,
Page 6 of 10
or other recreational amenities. The type of amenities shall be approved
by the Planning Commission. Amenities shall be provided as follows:
Number of Units Number of
Amenities
0-11 0
12-24 1
25-50 2
51-75 3
75+ as determined by the Planning
Commission
Note: Where a mix of attached and detached units is proposed, amenities
shall be provided pursuant to this subsection.
7. Height: 35 feet. Three-story structures shall not be permitted adjacent to
any Single Family Residential zone or single family use.
8. Circulation
a. Private streets shall be permitted only when a Homeowner’s
Association is established to maintain them.
b. Private streets shall be built to public works construction standards.
c. Street/Drive Aisle Width: A minimum of 26 feet, curb to curb with no
on-street parking shall be provided. Where one-way access is
proposed, the minimum width shall conform to County Fire
standards.
d. Two points of vehicular ingress and egress to a public street shall
be provided. Except that for smaller projects or where the applicant
can show that this is a physical impossibility, the appropriate fire
authority may modify this requirement if the fire authority
determines that emergency access is adequate for the project.
9. Number of attached dwelling units. Attached dwelling units shall not
exceed 8 units. Any building with 6 or more units shall provide a minimum
two foot variation along the building wall plane.
Page 7 of 10
10. Project Setbacks:
a. Perimeter setbacks:
i. Front yard: 20 feet
ii. Rear yard: 15 feet
iii. Side yard: 10 feet
iv. Street Side yard: 10 feet
b. Attached units shall also adhere to the following setbacks:
i. A minimum setback of 10 feet from the curb face, except that
a minimum driveway depth of 17 feet shall be provided.
ii. A minimum of 15 feet between attached buildings.
c. Small lot subdivisions shall adhere to the following standards:
i. Minimum lot size: 3,500 net square feet
ii. Lot coverage: 60%
iii. Front yard setback: An average of 18 feet, but no less than
16 feet
iv. Rear yard setback: 15 feet
v. Side yard setbacks: 5 feet on one side yard and 8 feet on
the other side yard
vi. Zero lot line setback: Shall apply to detached garages only.
vii. Distance between detached garage and main residence: 5
feet
11. Parking. Parking shall be in accordance with Chapter 18.60 (Off Street
Parking), with the following exceptions:
a. On-street parking may be credited towards guest parking, provided
that a curb to curb street width or driveway width of a minimum of
33 feet is provided, with parking only on one side of the street.
Page 8 of 10
12. Storage and Trash Areas. All storage and trash areas shall be located
within enclosed areas completely screened from public view. Common
storage and trash areas shall be within 200 feet of the dwelling served.
D. Procedures.
1. Planned residential developments shall be processed in accordance with
Chapter 18.63 (Site and Architectural Review). The application shall
include all of the information and materials specified by the Site and
Architectural Review application, together with the required fee in
compliance with the City’s adopted fee schedule. It is the responsibility of
the applicant to provide evidence in support of the findings required by
subsection (F) of this section (Findings and Decision).
2. The application shall be accompanied by a tentative map that shall be filed
and processed in accordance with Title 17 (Subdivisions) of the Municipal
Code.
E. Review Authority. The Commission may approve, conditionally approve, or deny
a planned residential development, provided that the findings contained in
subsection (F) of this section (Findings and Decision), and in Chapter 18.63 (Site
and Architectural Review), can be made.
F. Findings and Decision. The Commission may approve or conditionally approve a
planned residential development only after first making all of the findings
contained in Section 18.63.060 (Approval Process) and the following:
1. The development includes only uses allowed within the base zoning
district.
2. The development is compatible with other development within the zoning
district and general neighborhood of the proposed project.
3. The project would produce a development of higher quality and greater
excellence of design than that might otherwise result from using the
standard development regulations.
4. The subject site is adequate in terms of size, shape, topography, and
circumstances to accommodate the proposed development.
5. The project includes improved quality of life provisions and enhanced
amenities, including an additional and appropriate variety of structure
placement and orientation opportunities, appropriate mix of structure
sizes, high quality architectural design, common open space, landscaping,
parking areas, private open space, and sustainable improvement
Page 9 of 10
standards (e.g., energy efficient building design, construction, and
operation.
G. Minor Changes by Director.
1. Minor changes in a planned residential development that do not involve an
increase in density or a change of use may be approved by the Director,
pursuant to Section 18.63.020.C (Administrative Site and Architectural
Review).
2. Proposed changes that are not deemed minor shall be subject to review
and approval by the original review authority.
H. Common Ownership - Land or Improvements
1. Covenants, Conditions and Restrictions (CC&R’s). Where a Planned
Residential Development contains any land or improvement proposed to
be held in common ownership, the applicant shall submit a declaration of
covenants, conditions and restrictions (CC&R’s) with the final map
establishing a Home Owner’s Association subject to Community and
Economic Development Director and the City Attorney approval. Such
declaration shall set forth provisions for maintenance of all common areas,
payment of taxes and all other privileges and responsibilities of the
common ownership. The CC&R’s shall include provisions prohibiting the
homeowners’ association (HOA) from quitclaiming, selling or otherwise
transferring the land held in common ownership to private property
owners.
2. The City shall be made a party of the CC&R’s. The City’s participation
shall be specifically limited to enforcement of the HOA’s maintenance
obligation.
3. Amendments to CC&R’s. The provisions of approved CC&R’s shall not be
amended without the prior approval of the Community Development
Director and City Attorney who at his or her discretion may refer the matter
to the Planning Commission. Requests for amendments to existing
CC&R’s shall be submitted to the Community Development Division.
4. Maintenance. All private streets, walkways, parking areas, landscaped
areas, storage areas, screening, sewers, drainage facilities, utilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 10 of 10
5. Failure to Maintain Constitutes a Public Nuisance. All commonly-owned
lots, improvements and facilities shall be preserved and maintained in a
safe condition and in a state of good repair. Any failure to so maintain is
unlawful and a public nuisance endangering the health, safety and general
welfare of the public and a detriment to the surrounding community.
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( )
TITLE: Fencing Options for the New Active Park on Grand Terrace
Road
PRESENTED BY: Joyce Powers, Community and Economic Development
Director
RECOMMENDATION: Review options for the park’s perimeter fencing and direct
staff to proceed with specific fencing materials.
BACKGROUND:
In October 2011, the Council selected Albert A. Webb and Associates to design the new
park on Grand Terrace Road, funded by the State Department of Parks and Recreation.
Since that approval, escrow has closed on the 2.5 acre parcel of land, and the
landscape architect and staff met with community members on November 3, 2011 to
discuss concepts for the park. Also, on December 15, 2011, the architect and staff met
with members of the Historical and Cultural Committee to discuss inclusion of historical
elements.
On January 10, 2012, Webb Associates presented the preliminary design that
incorporated all comments received and recommended commencing final design and
preparation of construction drawings. At the conclusion of this presentation and
discussion, staff and the design team were directed to evaluate the costs and
functionality of various perimeter fencing materials, including chain link, wood, wrought
iron/tubular steel, and block walls. The primary considerations in not recommending a
block wall were that during initial community meetings, attendees stated that block walls
invite graffiti vandalism and the construction cost would be extremely high.
DISCUSSION:
During the discussion with the Council on January 10, 2012, properties owners of two
abutting residential properties requested that block wall be used for the park perimeter
fencing rather than the proposed chain link. Residents also commented that the vines
along the proposed chain link fencing may not survive due to problems with rodents in
COUNCIL AGENDA ITEM NO. 7A
Approvals
Finance Director (if applicable) N/A
City Attorney RLA
City Manager bma
the area. Staff commented that the cost of a block wall would greatly exceed the
budget provided with the grant application to the State.
The estimated cost for park fencing included in the proposed budget is $54,000. The
proposed wrought iron fencing and gate along the southern property line will cost
approximately $28,000. The project manager and staff recommend no change to this
portion of the fence to provide visibility into the park for safety reasons. The remaining
length of the park’s perimeter fencing needed is 1,080 feet, for which $26,000 is
budgeted. Along this perimeter, several of the abutting residential properties currently
have either wood or chain link fencing.
There are several options available, which are summarized below, all 6 feet high.
Fencing Type Cost per linear ft Total cost Comments
Chain link $25.00 $27,000 Least costly; longer period to offer
privacy; long-lasting fence material
Chain link slats
screening
$36.00 $38,880 Immediate screening; easier to spray
paint over graffiti
Wood $33.00 $36,900 Immediate screening; subject to
graffiti; shorter life
Vinyl $48.00 $51,840 Immediate screening; more
attractive; subject to graffiti
Wrought iron $85.00 $91,800 Long lasting; no privacy
Block wall $185.00 $199,800 Immediate screening; subject to
graffiti; longest life
The City’s maintenance staff recommends either the chain link with aluminum slats or
vinyl. The chain link with aluminum slats can be color matched and painted if tagged
with graffiti and would last longer than the vinyl. Graffiti can be removed from vinyl
fencing, but would likely leave a shadow, which would be mitigated by the growing plant
materials over two to three years. To install vinyl fencing, additional funding is needed
over that which was budgeted.
Staff has contacted the State Department of Parks and Recreation project manager
regarding the project budget, asking whether remaining funds not used in the property
acquisition line item may be used for better quality park fencing. The grant application
included $650,000 for property acquisition, and only $600,000 was required. Because
the submitted project budget is considered an estimate, the remaining $50,000 can be
used for other park line items as long as the total approved grant amount is not
exceeded.
Staff recommends installing vinyl fencing due to its aesthetic appearance and
immediate privacy for surrounding residents. The vinyl fencing which costs
approximately $48.00 per linear foot is estimated to last 20 years. For this option, an
additional $25,840 is needed over the budgeted amount for fencing, which is available
to be shifted from the property acquisition line item. A color photo sample is provided
as Attachment No. 1.
FISCAL IMPACT:
All costs of the project are funded by the State grant.
Respectfully submitted:
/s/ Joyce Powers
Joyce Powers
Community and Economic Development Director
Attachment:
Photo of proposed fencing
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( X )
TITLE: Transfer of ownership of Agency-owned parcels to the City
PRESENTED BY: Joyce Powers, Community and Economic Development
Director
RECOMMENDATION: 1. Approve the transfer of title for 16 Agency-owned
properties to the City, acting as the Successor Agency, to
comply with Assembly Bill XI 26
2. Authorize the Executive Director to execute the 16
Quitclaim Deeds and take all necessary related actions.
3. Authorize the Executive Director/City Manager to
complete actions necessary to transfer Agency shares of
Riverside Highland water stock as appropriate.
BACKGROUND:
On December 29, 2011, the State Supreme Court upheld Assembly Bill 26, which
amended the California Health and Safety Code (H & S Code), and thereby dissolved
redevelopment agencies. Under the new Health and Safety Code Section 34172, on
January 10, 2012, the City adopted a Resolution electing to be the dissolving Agency’s
successor for purposes of winding down the Agency’s activities. Pending any further
Court decisions or new legislation, the City is now obligated to undertake the required
actions, beginning February 1, 2012.
DISCUSSION:
H & S Code Section 34177 describes the responsibilities of the successor agencies,
which will be referred to as the City going forward. One of the required actions under
Section 34177 (e) is the subject of this report, the disposal of the assets and properties
of the former redevelopment agency.
COUNCIL AGENDA ITEM 8A
Approvals
Finance Director (if applicable) N/A
City Attorney RLA
City Manager bma
Legal counsel has recommended to staff to transfer title to all of the Agency’s properties
to the City, acting as the successor agency, before the Agency is dissolved by law on
January 31, 2012. The final disposition of the properties by the City, acting as the
successor agency, would then be subject to direction from an oversight board, which
must be operating by May 1, 2012. As each parcel is sold, the sales proceeds shall be
transferred to the County Auditor-Controller for allocation and distribution using the
same methodology as distribution of property tax revenues, with the City receiving
approximately 26% of each sale.
Our Agency currently owns 16 parcels throughout the City as depicted on Attachment 1,
two of which are owned for community park purposes, the new baseball field and the
property on Vista Grande Way purchased for a future dog park. The parcels are
depicted on Attachment 1 to this report. Section 34181 (a) provides that the oversight
board may direct the City to transfer public facility assets, such as parks and fire
stations, to the appropriate public jurisdiction. Based on the Section, staff believes the
City will be able to retain the new baseball field and the dog park property.
Staff has prepared the attached Quitclaim Deeds transferring title to all of the
aforementioned Agency-owned parcels to the City, acting as the successor agency.
Once approved and executed, the documents will be recorded before January 31, 2012
unless new legislation or court order stalls the dissolution process or redirects Agency
actions. In addition, the Agency owns approximately 18 shares of Riverside Highland
water stock which would be transferred in conjunction with the title transfers.
FISCAL IMPACT:
There is no fiscal impact associated with preparation and approval of the Quitclaim
Deeds other than staff time and recording costs. Possible future fiscal impacts are
generally described in the Discussion section.
Respectfully submitted:
/s/ Joyce Powers
Joyce Powers, Community and Economic Development Director
ATTACHMENTS:
1. Map depicting sites to be transferred
2. Quitclaim Deed for APN 0275-242-11
3. Quitclaim Deed for APN 0275-242-10
4. Quitclaim Deed for APN 0275-251-04
5. Quitclaim Deed for APN 0276-202-54
6. Quitclaim Deed for APN 0276-462-10
7. Quitclaim Deed for APN 1167-141-08
8. Quitclaim Deed for APN 1167-151-61
9. Quitclaim Deed for APN 1167-151-62
10. Quitclaim Deed for APN 1167-151-68
11. Quitclaim Deed for APN 1167-151-71
12. Quitclaim Deed for APN 1167-151-73
13. Quitclaim Deed for APN 1167-161-03
14. Quitclaim Deed for APN 1167-161-04
15. Quitclaim Deed for APN 1167-231-01
16. Quitclaim Deed for APN 1167-311-01
17. Quitclaim Deed for APN 1167-151-22
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
ATTACHMENT NO. 1
MAP OF PROPERTIES TO TRANSFER
City of Grand Terrace
Community Development Department, August 2011.This map is for reference only. For detailed information, please consult with the Community Development Department.
N
3
5
412
6 15
14
13 12
789
11
10
16
RDA Owned Properties
# APN Owner Acreage1 0275-242-11 RDA 0.42 0275-242-10 RDA 0.443 0275-251-04 RDA 0.84 0276-202-54 RDA 0.335 0276-462-10 RDA 0.666 1167-141-08 RDA 0.937 1167-151-61 RDA 9.248 1167-151-62 RDA 8.929 1167-151-68 RDA 14.9410 1167-151-71 RDA 4.9711 1167-151-73 RDA 0.4412 1167-161-03 RDA 2.7513 1167-161-04 RDA 0.2514 1167-231-01 RDA 1.3815 1167-311-01 RDA 1.3616 1167-151-22 RDA 14.2
- RDA Properties
LEGEND
ATTACHMENTS NO. 2
QUITCLAIM DEEDS
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( X )
TITLE: Post AB x1-26 RDA Dissolution and Successor Agency
Required Action to Establish a Redevelopment Obligation
Retirement Fund and Resolutions Regarding Forgiveness of
Obligations
PRESENTED BY: Bernie Simon, Finance and Joyce Powers, Community and
Economic Development Director
RECOMMENDATION: Adopt The Following Resolutions to:
1) Create a Redevelopment Obligation Retirement Fund
2) Certify that City and Agency Loans have not been
Forgiven for the period January 1, 2010 to December 31,
2011
BACKGROUND:
On December 29, 2011, in the CRA v. Matosantos case, the Court upheld ABX1 26 and
invalidated ABX1 27 thereby eliminating redevelopment agencies and the voluntary
option to pay to continue redevelopment. The Court’s decision is the “worst case
scenario” for redevelopment. All redevelopment agencies in California will be dissolved
effective February 1, 2012 with assets, properties, and documents transferred to the
successor agencies. The Council and Agency governing body must now undertake the
procedures to dissolve the agency and create the framework to operate under the
successor agency rules.
DISCUSSION:
Create Redevelopment Obligation Retirement Fund
On January 10, 2012, the City adopted a resolution to be the successor agency. The
City must “create within its treasury a Redevelopment Obligation Retirement Fund to be
administered by the successor agency” (H&S§34170.5(a). The successor agency must
create the Fund prior to February 1, 2012 because the Agency will be dissolved on
February 1st. COUNCIL AGENDA ITEM NO. 8B
Approvals
Finance Director (if applicable) B.S.
City Attorney RLA
City Manager bma
The Redevelopment Obligation Retirement Fund will hold the assets, liabilities and
obligations of the former Community Redevelopment Agency of Grand Terrace and will
be the only fund that the successor agency may use to receive distributed tax increment
under the new law and expend money for debt, expenses and obligations of the
successor agency. The guiding “budget” of the successor agency will generally be the
Enforceable Obligation Payment Schedule (EOPS) and eventually the final Recognized
Obligation Payment Schedule (ROPS).
Staff is requesting authorization to create the Redevelopment Obligation Retirement
Fund, under the City as the successor agency, and transfer all assets, liabilities from the
former Community Redevelopment Agency and create the payment obligations as
scheduled on the EOPS.
Certify that Loans have not been Forgiven for the period January 1, 2010 to December
31, 2011
H &S §33354.8 requires that on or before February 1, 2012, an agency or public body
shall adopt a resolution that declares whether or not it has forgiven, during the period of
time commencing January 1, 2010 through December 31, 2011, the repayment, wholly
or partially, of a loan advance, or indebtedness that has been owned my a public body
to the agency or an agency to the public body.
The City and Community Redevelopment Agency has not forgiven any loans between
the agency and any other agency or public body during the time period identified in H
&S §33354.8 and therefore would declare such fact in a resolution to be transmitted to
the legislative body and the Controller.
There is pending legislation to delay the February 1st deadline, however, until the
legislature takes action on the legislation, we are proceeding with the understanding
that February 1st is the deadline.
FISCAL IMPACT:
Redevelopment
Obligation Retirement
Fund
Housing Bonds and
Obligations
Pass Through
Agreements
Administered
Administer
A
Administration
Costs under
§34177(j)
There are no fiscal impacts by the adoption of the resolutions.
Respectfully submitted:
/s/ Bernie Simon
Bernie Simon, Finance Director
Respectfully submitted:
/s/ Joyce Powers
Joyce Powers, Community and Economic Development Director
ATTACHMENTS:
1) Retirement Obligation Retirement Fund Resolution
2) Declaration of Loans Forgiven Resolution
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING A REDEVELOPMENT
OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH &
SAFETY CODE SECTION 34170.5(A)
WHEREAS, the Grand Terrace Community Redevelopment Agency (“Agency”)
is a public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code § 33000 et seq.) (“CRL”); and
WHEREAS, the City of Grand Terrace is a municipal corporation and a general
law city under the California Government Code (“City”); and
WHEREAS, on December 29, 2011, in California Redevelopment Association v.
Matosantos, Case No. S194861, the California Supreme Court upheld ABX1 26, which
dissolves all of the redevelopment agencies in California, and struck down ABX1 27,
which allowed redevelopment agencies to remain in existence if City opted in to the
“Voluntary Alternative Redevelopment Program” (“VARP”); and
WHEREAS, on January 10, 2012 the City Council elected, by Resolution No.
2012-01, to serve as the Successor Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34170.5(a), the City, as
Successor Agency, must establish within its treasury the “Redevelopment Obligation
Retirement Fund” for storing tax increment, and other similar funds, for the purpose of
retiring obligations incurred by the Grand Terrace Community Redevelopment Agency;
and
WHEREAS, the City wishes to establish a Redevelopment Obligation Retirement
Fund pursuant to Health & Safety Code Section 34170.5 (a).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DOES RESOLVE, AS FOLLOWS:
1. The above recitals are true and correct and are adopted as the findings of the
City Council.
2. The City Manger, or his designee, is hereby authorized and directed to create
the “Redevelopment Obligation Retirement Fund” within the treasury of the City,
in its capacity as the Successor Agency to the Community Redevelopment
Agency of Grand Terrace, pursuant to Health & Safety Code Section 34170.5(a).
3. The City Manager is hereby authorized and directed to take such additional actions,
and to execute all documents necessary and appropriate, for the City to comply with
the requirements of Health & Safety Code Sections 34170.5 (a).
4. This resolution shall become effective immediately upon its adoption.
5. The City Clerk shall certify to the passage and adoption of this resolution and enter it
into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Grand Terrace,
California, at a regular meeting held on the 24th of January, 2012.
ATTEST:
________________________________ ______________________________
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
and of the City Council and of the City Council thereof
I, Tracey R. Martinez, 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 24th day of January 2012, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Tracey R. Martinez
City Clerk
Approved as to form:
____________________________
Richard L. Adams II
City Attorney
0000-1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE REGARDING FORGIVENESS OF
LOANS TO PUBLIC BODIES AS REQUIRED BY AB 936
WHEREAS, Health & Safety Code Section 33354.8 requires the adoption, on or
before February 1, 2012, of a resolution stating whether or not the repayment, wholly or
partially, of a loan, advance, or indebtedness owed by a public body to a redevelopment
agency or by a redevelopment agency to a public body, has been forgiven during the
period of time commencing January 1, 2010 through December 31, 2011; and
WHEREAS, during the period of time commencing January 1, 2010 through
December 31, 2011, there were no loans, advances or indebtedness from any public
body to the City of Grand Terrace that were forgiven wholly or partially nor did the City
of Grand Terrace forgive wholly or partially any loans, advances or indebtedness to any
other public body during the same period of time.
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. During the period of time from January 1, 2010 through December
31, 2011, the City of Grand Terrace did not forgive, wholly or partially, any loans,
advances or indebtedness to any public body.
SECTION 2. During the period of time from January 1, 2010 through December
31, 2011, no public body forgave, wholly or partially, any loans, advances or
indebtedness to the City of Grand Terrace.
SECTION 3. The City Clerk shall transmit a copy of this resolution to the Office
of the State Controller within 10 days of the adoption of this resolution.
SECTION 4. The City Clerk shall certify to the passage and adoption hereof.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2012, by the
following vote:
0000-2
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
WALT STANCKIEWITZ, MAYOR
ATTEST:
______________________________
Tracey R. Martinez, CITY CLERK
APPROVED AS TO FORM:
_______________________________
RICHARD L. ADAMS, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF GRAND TERRACE)
I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the
City of Grand Terrace and that the foregoing resolution was duly adopted at a regular
meeting of the City Council of the City of Grand Terrace held on the 24th day of
January, 2012.
_______________________________
Tracey R. Martinez
City Clerk
0000-1
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE
REGARDING FORGIVENESS OF LOANS TO PUBLIC
BODIES AS REQUIRED BY AB 936
WHEREAS, Health & Safety Code Section 33354.8 requires the adoption, on or
before February 1, 2012, of a resolution stating whether or not the repayment, wholly or
partially, of a loan, advance, or indebtedness owed by a public body to a redevelopment
agency or by a redevelopment agency to a public body, has been forgiven during the
period of time commencing January 1, 2010 through December 31, 2011; and
WHEREAS, during the period of time commencing January 1, 2010 through
December 31, 2011, there were no loans, advances or indebtedness from any public
body to the Community Redevelopment Agency that were forgiven wholly or partially
nor did the Community Redevelopment Agency forgive wholly or partially any loans,
advances or indebtedness to any other public body during the same period of time.
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND
TERRACE HEREBY RESOLVES AS FOLLOWS:
SECTION 1. During the period of time from January 1, 2010 through December
31, 2011, the Community Redevelopment Agency did not forgive, wholly or partially,
any loans, advances or indebtedness to any public body.
SECTION 2. During the period of time from January 1, 2010 through December
31, 2011, no public body forgave, wholly or partially, any loans, advances or
indebtedness to the Community Redevelopment Agency.
SECTION 3. The Board Secretary shall transmit a copy of this resolution to the
Office of the State Controller within 10 days of the adoption of this resolution.
SECTION 4. The Board Secretary shall certify to the passage and adoption
hereof.
0000-2
PASSED, APPROVED AND ADOPTED this 24th day of January, 2012, by the
following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
______________________________
WALT STANCKIEWITZ, CHAIRMAN
ATTEST:
____________________________________
Tracey R. Martinez, AGENCY SECRETARY
APPROVED AS TO FORM:
_______________________________
RICHARD L. ADAMS, AGENCY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF GRAND TERRACE )
I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the
City of Grand Terrace and the Agency Secretary of the Community Redevelopment
Agency of the City of Grand Terrace and that the foregoing resolution was duly adopted
at a regular meeting of the City Council and the Community Redevelopment Agency of
the City of Grand Terrace held on the 25th day of January, 2012.
_______________________________
Tracey R. Martinez
Agency Secretary
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( X ) CRA Item ( )
TITLE: Local Revenue Measure Options
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Receive information on local revenue measure options
available for consideration by the City Council and provide
further direction to staff.
BACKGROUND:
At the Council Meeting on December 13, 2011, staff was directed to provide information
on local revenue measures for consideration by the City Council at the Council Meeting
on January 24, 2012.
DISCUSSION:
The local revenue measure information provided in this staff will be discussed in four
general areas below:
General and Specific Use Local Revenues
On November 2, 2010, California voters approved Proposition 26, a constitutional
amendment, which defines as a tax any levy, charge or exaction of any kind imposed by
a local government. With the exception of seven (7) areas, almost any requirement
imposed by a local government which results in the local government receiving revenue
is a local tax. The election to approve a general tax must be consolidated with a
regularly scheduled general election for members of the governing body of the local
government, except in cases of emergency declared by unanimous vote of the
members of the governing body present when the vote is taken. [Cal Const art XIIIC
§2(b); 75 Ops Cal Atty Gen 47 (1992)]
Voter approval is required for a local revenue (tax) measure. A majority vote of the
electorate is required for a tax raising revenue for general governmental purposes (a
general tax). Majority voter approval is also required to increase a general tax.
COUNCIL AGENDA ITEM NO. 8C
Approvals
Finance Director (if applicable) ---
City Attorney RLA
City Manager bma
A revenue measure for a specific purpose (e.g. public safety, parks, etc.) requires two-
thirds voter approval and is considered a special tax. Revenues raised through a
special tax may only be used for the specific purpose for which the tax is imposed and
must be accounted for in a separate fund. Two-thirds voter approval is required to
increase a special tax.
Local Revenue Measures
Five local revenue (tax) measures available to local government, four which are
applicable to Grand Terrace, are summarized below:
Business License Tax: Gross receipts or a flat rate structure are the most common
methods for imposing a business license tax on a person or entity doing business within
a city. With the passage of Proposition 218 on November 5, 1996, voter approval is
required to increase a business license tax in existence at that time, as is the case for
Grand Terrace’s business license tax. With the magnitude of the budget shortfall the
City is facing next fiscal year (potentially $1 million or more before the use of one-time
funds) and beyond, coupled with the City’s small business base, consideration of an
increase in the business license tax should be a lower priority.
Parcel Tax: A fixed amount per parcel (e.g. $200 per parcel) is the typical basis for a
parcel tax. California law requires two-thirds voter approval for a parcel tax whether the
revenue raised is for a specific use or not. Cities, counties, school districts and special
districts may impose parcel taxes. A parcel tax measure may include a provision for an
annual increase in the parcel tax amount based on a factor such as inflation. Parcel
taxes are not special assessments, which are based on a special benefit received by
the parcel being taxed.
Sales and Use Tax: Sales tax is imposed on the total retail price of merchandise sold
by a retailer. Use tax is imposed on the use or storage of tangible personal property
when sales tax is not paid. California law allows locally approved transactions and use
tax to be added to the combined state and local sales and use tax rate. Cities and
counties may impose local transactions and use taxes in increments of one-quarter of
one percent (0.25%) if the ordinance proposing the tax is approved by a two-thirds vote
of the governing body before it is submitted to the voters. A general purpose
transactions and use tax must be approved by a majority of the voters. Specific
purpose transactions and use taxes (more than one is allowed) require two-thirds voter
approval. A city may impose no more than two percent (2%) of transactions and use
taxes. With the City’s small sales and use tax base, coupled with its need for revenue
diversification, a local transactions and use tax may not be the best local revenue
measure option for Council consideration.
Transient Occupancy Tax: Since there are no lodging facilities in Grand Terrace, a
transient occupancy tax (TOT), or bed tax, is not available for consideration by the
Council. This is a general purpose tax on persons staying 30 day or less in a lodging
facility.
Utility Users Tax: A tax imposed on the consumer (residential or commercial) of any
combination of cable television, electric, gas, telephone, water and other utility services
is a utility users tax (UUT). UUT is a percentage applied to a utility bill which is
collected by the utility provider as part of its regular billing procedure and then paid to a
city. It may be imposed for either general use or specific purpose with the
corresponding voter approval requirements. Developing and maintaining a UUT
ordinance, full collection of a city’s UUT, and monitoring state or federal administrative
rulings or case law impacting utility rates or technology changes could require
specialized legal and compliance expertise provided by consultants.
Local Revenue Ballot Measure Considerations
The timing of a potential ballot measure along with a brief summary of how a public
entity may communicate with its electorate about a ballot measure is discussed below:
Election Preparation Timing: The California Election Code establishes a deadline of at
least 88 days prior to the election for placing a measure on the ballot. For example, the
deadline to submit a Resolution for a local tax measure to the Registrar for the June 5,
2012 ballot would be March 9, 2012. For the August 28, 2012 mail ballot the deadline is
June 1, 2012 and for the November 6, 2012 ballot the deadline is August 10, 2012.
Typical general steps, and their timing, in preparing for an election on a local measure
are summarized below:
▪ Conduct survey (7 weeks)
▪ Public outreach (9 weeks, or longer depending on initial level of support)
▪ Ballot measure preparation (4 weeks)
▪ Public education (14 weeks)
For a local revenue ballot measure where there is some initial level of support it would
be reasonable to allow eight (8) months for the process, with consultant assistance.
Voter Communication: In 2010, in Vargas v. City of Salinas, the California Supreme
Court (Court) clarified what constitutes permissible communication by a public entity
with its voters. California law prohibits a public entity from expressly advocating
approval or rejection of a ballot measure. The Court’s decision allows a public entity to
provide information on merits and budgetary implications of a ballot measure in a factual
way through its regular means of communication but not through traditional campaign
methods (e.g. signs, canvassing). It would be advisable for all communication on a
local revenue measure to be reviewed by the City Attorney before it is released.
Possible Next Steps for Council Consideration
If the Council desires to begin preliminary work on a local revenue measure, consultants
would need to be selected in the following two areas:
Ballot Measure Consultant: While there is no doubt the City faces a challenging budget
next fiscal year, which is significantly compounded by the loss of redevelopment, a local
revenue measure placed hastily on a ballot will likely fail unless there is already strong
support for voters to tax themselves. As the level of voter support for this in Grand
Terrace is not known, it would be prudent for the City to consider hiring a consultant to
perform a ballot measure feasibility study and then provide expertise through the ballot
measure process. Ideally the City would select a consultant with experience in helping
pass tax measures during difficult times. Items which could be included in the
consultant’s scope of work could include the following:
▪ Assess baseline support for various revenue measures
▪ Identify achievable revenue thresholds
▪ Determine features of a measure that may increase support
▪ Develop content for public education on a measure
▪ Determine best election in which to place a measure on the ballot
UUT Consultant: Concurrent with selecting a ballot measure consultant, a UUT
consultant would be needed to develop revenue models depending on the percentage
tax considered and which utilities it may be applied to. This information would be
needed by a ballot measure consultant for the assessment of baseline support for
various types of revenue measures. This consultant could also be used to prepare the
UUT ordinance, if it was determined to be the preferred local revenue measure.
FISCAL IMPACT:
With the loss of redevelopment, the City is facing a structural budget deficit which can
be better estimated once it is known whether the Agency’s bond proceeds can be used
to accelerate the development of the commercial property east of the I-215 Freeway
(pending approval by the Oversight Board to the Successor Agency). If this commercial
development is not possible, then without the infusion of significant locally generated
revenues the City will face increasing difficulty funding even mandated services.
Expenses related to a local revenue measure would require a General Fund
appropriation from fund balance. At the direction of Council, staff can prepare a
budgetary estimate for this.
Respectfully submitted:
Betsy M. Adams, City Manager
ATTACHMENTS: None
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING – JANUARY 10, 2012
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 10, 2012 at 6:00 p.m.
PRESENT: Walt Stanckiewitz, Chairman
Lee Ann Garcia, Vice-Chairman
Darcy McNaboe, Agency Member
Bernardo Sandoval, Agency Member
Gene Hays, Agency Member
Betsy M. Adams, City Manager
Tracey Martinez, City Clerk
Bernie Simon, Finance Director
Joyce Powers, Community & Economic Development Director
Richard Shields, Building & Safety Director
Richard L. Adams II, City Attorney
Sgt. Ed Finneran, San Bernardino County Sheriff=s Department
Lt. Steve Dorsey, San Bernardino County Sheriff=s Department
Rick McClintock, San Bernardino County Fire Department
ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 10:28 P.M.
1. APPROVAL OF 12-20-2011 MINUTES
CRA-2012-01 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY
MEMBER HAYS, CARRIED 5-0, to approve the December 20, 2011
Minutes.
Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at
10:29 p.m., until the next CRA/City Council Meeting that is scheduled to be held on
Tuesday, January 24, 2012 at 6:00 p.m.
SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace
CRA AGENDA ITEM NO. 1
Please see Item 8A. under the City Council Agenda for complete report.
CRA AGENDA ITEM NO. 2
Please see Item 8B. under the City Council Agenda for complete report.
CRA AGENDA ITEM NO. 2
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( ) CRA Item ( X )
TITLE: Settlement Agreement and Mutual General Release with
Colton Joint Unified School District
PRESENTED BY: Betsy M. Adams, Executive Director
RECOMMENDATION: Approve the Settlement Agreement and Mutual General
Release with Colton Joint Unified School District for pass
through payments.
BACKGROUND:
The Community Redevelopment Agency of the City of Grand Terrace (Agency) and
Colton Joint Unified School District (CJUSD) have previously entered into pass through
agreements to provide tax sharing to CJUSD from the Grand Terrace Redevelopment
Project Area, which is comprised of an original area created in 1979 and an added area
adopted in 1981. There have been three tax sharing agreements adopted between
1981 and 2002. The most current agreement, entered into on March 14, 2002, provided
for the Agency to retain CJUSD pass through for improvements to Richard Rollins Park
and Terrace Hills Middle School athletic fields up to $1.6 million. The final payment on
this agreement of $228,152 is included in the total amount of the Settlement Agreement
and Mutual General Release. The March 14, 2002 agreement also acknowledges a
concurrent pass through dispute between the Agency and CJUSD. There is no clear
record on a resolution of this matter. The Agency Board was advised of this in early
2011 and staff was directed to work with CJUSD to resolve the matter in full.
DISCUSSION:
Agency staff and the Agency’s fiscal consultant, the Rosenow Spevacek Group, Inc.
(RSG) met with CJUSD staff in April 2011 to discuss the unresolved pass through
dispute identified in the March 14, 2002 agreement. Subsequent to this meeting, RSG
developed a history pass through history for the Agency to provide to CJUSD which
identified $930,736 in unpaid pass through payments. This information, along with
RSG’s methodology to develop the pass through history, was provided to CJUSD in
November 2011. CJUSD had its fiscal consultant review the information provided by
CRA AGENDA ITEM NO. 4
Approvals
Finance Director (if applicable) B.S.
City Attorney RLA
City Manager bma
the Agency and agreed with the findings. The Board of Education for CJUSD approved
the pass through Settlement Agreement and Mutual General Release at its meeting on
January 19, 2012. When the Agency Board approves the Settlement Agreement and
Mutual General Release on January 24, 2012 the unresolved pass through dispute will
be resolved and payment will be made to CJUSD.
FISCAL IMPACT:
The Check Register included in the Agenda for the January 24 meeting includes a
payment of $1,158,888 to CJUSD. This amount includes unpaid pass through between
fiscal years 1997-98 and 2002-03 in totaling $930,736 plus $228,152 for the fiscal year
2010-11 pass through payment. The Agency’s pass through obligations to CJUSD
have been included in the draft Enforceable Obligation Payment Schedule and
preliminary draft Recognized Obligation Payment Schedule required by the Health &
Safety Code as it was amended by AB x1 26.
Respectfully submitted:
/s/ Betsy M. Adams _
Betsy M. Adams, Executive Director
ATTACHMENTS:
Attachment 1: Settlement Agreement and Mutual General Release
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
THIS WRITING REPRESENTS THE SETTLEMENT AGREEMENT AND GENERAL
RELEASE, hereinafter referred to as "AGREEMENT," made and entered into, in the City of
Grand Terrace, to be performed in the City of Grand Terrace, on this ______ day of
______________, 2012, by and between the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF GRAND TERRACE, hereinafter referred to as "AGENCY " and COLTON
JOINT UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT."
WHEREAS, disputes exist between AGENCY and DISTRICT regarding DISTRICT’S
entitlement to allocation of pass through funds by AGENCY for fiscal years 1997-98 through
2002-03, and the calculation of such allocations;
WHEREAS, AGENCY and DISTRICT agree that certain calculation errors were made in
allocations of pass through payments of AGENCY tax increment for the fiscal years 1997-98
through 2002-03 and that such errors were corrected in subsequent fiscal years;
WHEREAS, AGENCY and DISTRICT have negotiated a settlement of their dispute on
whether and how past errors in allocations of pass through payments should be repaid or
adjusted;
WHEREAS, AGENCY and DISTRICT agree that DISTRICT’s allocation from
AGENCY for pass through payment for the fiscal year 2010-11 is the amount of Two Hundred
Twenty Eight Thousand One Hundred Fifty Two Dollars ($228,152), net of a credit owed to
Agency pursuant to The Second Tax Increment Agreement entered into between the parties in or
about March 2002; and,
WHEREAS, the AGENCY and DISTRICT wish to forever resolve, settle, and discharge
their differences under circumstances where neither party admits the validity of any of the
contentions of the other party, including whether or not DISTRICT would be entitled to any
other or further rights or relief.
NOW, THEREFORE, IT IS AGREED BETWEEN AGENCY AND DISTRICT as
follows:
1. Benefits.
AGENCY shall pay to DISTRICT the sum of One Million, One Hundred Fifty Eight Thousand
Eight Hundred Eighty Eight Dollars ($1,158,888). This sum represents the total funds to be paid
to DISTRICT by AGENCY for fiscal years 1997-98, 1998-99, 1999-00, 2000-01, 2001-02,
2002-03 and 2001-11 taking into account, and offsetting as appropriate, credits and
overpayments made due to calculation errors and any claimed allocation rights during those
fiscal years. All funds agreed to be paid to DISTRICT by AGENCY hereunder shall be paid in
full within thirty (30) days from the execution of this AGREEMENT.
Settlement Agreement and Mutual General Release
Page
2
2. Complete Release by Both Parties.
Each party does hereby releases, acquits and discharges the other and the City of Grand Terrace,
hereinafter referred to as "CITY," their respective agents, officers, employees, council members,
and attorneys from any and all claims each party has, or may have, whether now known or not
relating to events leading up to this AGREEMENT.
3. Knowing and Voluntary Waiver by the Parties.
The parties expressly waive and relinquish all rights and benefits afforded by the provisions of
Section 1542 of the Civil Code and acknowledge that, even if later facts of any kind or
description are discovered which create a liability of the AGENCY, DISTRICT or CITY
previously unknown and not suspected by either party, such liability will have been forever
released by this AGREEMENT. Section 1542 of the Civil Code provides as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her settlement with
the debtor.
4. Non-Admission of Liability.
allegations, contentions, and claims are denied by
each other party hereto.
5. Sole and Entire Agreement.
The provisions of this AGREEMENT contain all the agreements and promises made by any
signatory hereto concerning the subject matter of this release and any prior understandings or
representations that are contrary to, or in addition to, the agreements contained in this
AGREEMENT and are of no effect and have been merged into the written provisions of this
AGREEMENT.
6. Amendment and Modification.
For purposes of interpretation of this AGREEMENT, neither party shall be deemed the author of
this document and it shall not be construed in favor of or against any party. The parties may not
amend, revise or modify in whole or in part, the terms set forth herein, except pursuant to a
separate writing agreed upon and signed by both parties.
7. Jurisdiction and Venue.
This AGREEMENT and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed by and construed in accordance with the laws of the State of
California. Both parties further agree that San Bernardino County, California, shall be the venue
Settlement Agreement and Mutual General Release
Page
3
for any action or proceeding that may be brought or arise out of, in connection with or by reason
of this AGREEMENT.
8. Severability.
The provisions of this AGREEMENT are severable, and if any part of it is found to be
unenforceable, the other paragraphs shall remain in full force and effect. This AGREEMENT
shall survive the termination of any arrangements contained herein.
9. Attorney’s Fees.
Should any dispute develop between the parties hereto concerning the terms of this
AGREEMENT, the prevailing party in any proceeding which may result therefrom shall be
entitled to recover from the other its reasonable attorneys’ fees incurred in such proceeding.
10. Authority.
Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this AGREEMENT, and shall
indemnify AGENCY, DISTRICT, and CITY fully, including reasonable costs and attorney’s
fees, for any injuries or damages to AGENCY, DISTRICT, and CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
Executed this ______ day of ________________, 2011, at ____________________, California.
WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE HAVE READ THIS ENTIRE
AGREEMENT AND HAVE HAD THE TERMS USED THEREIN AND THE
CONSEQUENCES THEREOF EXPLAINED BY OUR RESPECTIVE ATTORNEYS. WE
FULLY UNDERSTAND THE TERMS AND CONSEQUENCES OF THIS SETTLEMENT
AGREEMENT AND GENERAL RELEASE.
COMMUNITY REDEVELOPMENT AGENCY COLTON JOINT UNIFIED SCHOOL
OF THE CITY OF GRAND TERRACE DISTRICT
Date:______________________________ Date:______________________________
By:_______________________________ By:_______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
Dated:_____________________________ Dated:_____________________________
By:_________________________________ By:_________________________________
Agency Counsel
AGENDA REPORT
MEETING DATE: January 24, 2012 Council Item ( ) CRA Item ( X )
TITLE: Settlement Agreement and Release Agreement with San
Bernardino Valley Municipal Water District
PRESENTED BY: Betsy M. Adams, Executive Director
RECOMMENDATION: Approve the Settlement and Release Agreement the San
Bernardino Valley Municipal Water District and authorize the
Executive Director to execute the Agreement for the Agency.
BACKGROUND:
On April 20, 2011, the San Bernardino County Auditor-Controller/Treasurer/Tax
Collector (Auditor-Controller) formally advised the Community Redevelopment Agency
(Agency) that for fiscal years 2008-09 and 2009-10 the County’s Property Tax Division
had processed debt service pass-through due to the San Bernardino Valley Municipal
Water District (Water District) as property tax pass-through to Grand Terrace’s
redevelopment agency. This error by the County resulted in the Agency receiving
$2,295,360 in excess property tax pass-through ($1,211,905 in 2008-09 and $1,083,445
in 2009-10). On September 13, 2011, the City approved the Settlement and Release
Agreement the San Bernardino Valley Municipal Water District (Agreement) as the
Agency was not able to enter into new agreements at that point in time due the
California Supreme Court’s stay on redevelopment activity while it considered the
California Redevelopment Association v. Matosantos case (AB x1 26 and AB x1 27).
The Agreement provides for the Water District to be repaid by the Agency over ten
years in equal payments of $229,536 plus interest at the rate used by the California
Local Agency Investment Fund (LAIF).
DISCUSSION:
Settlement Agreement and Release Agreement with San Bernardino Valley Municipal
Water District is a three party agreement between the City, its Redevelopment Agency
and the Water District. The provision for repayment over 10 years is to the benefit of
CRA AGENDA ITEM NO. 5
Approvals
Finance Director (if applicable) ---
City Attorney KHB
City Manager bma
the Agency and its assets. Having to repay the $2,295,360 owed to the Water District in
a shorter period of time would have had a severe impact on the Agency’s ability to do
needed infrastructure projects. This settlement is particularly important due to the
California Legislature’s recent adoption of AB 1X 26, because it will allow resolution of
this undisputed claim without litigation, it will allow this obligation of the Redevelopment
Agency to be repaid over a longer period of time and preserve Agency assets to pay
other enforceable obligations of the Agency. The Auditor-Controller was provided with
the agreement after it was executed by the City and the Water District and will be
provided with another copy after it has been executed by the Agency.
FISCAL IMPACT:
The Check Register included in the Agenda for the January 24 meeting includes a
payment of $232,887.27 to the San Bernardino Valley Municipal Water District. This
payment is for the first year of the 10 year repayment schedule specified in the
Agreement. It is required to be made within 30 days of the California Supreme Court’s
decision in the California Redevelopment Association v. Matosantos case which was
made on December 29, 2011. The Agency’s repayment of the $2,295,360 owed to the
Water District has been included in the draft Enforceable Obligation Payment Schedule
and preliminary draft Recognized Obligation Payment Schedule required by the Health
& Safety Code as it was amended by AB x1 26.
Respectfully submitted:
/s/ Betsy M. Adams _
Betsy M. Adams, Executive Director
ATTACHMENTS:
Attachment 1: Settlement Agreement and Release Agreement with San Bernardino
Valley Municipal Water District
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (herein, "Agreement") is made and entered into as of
September 13 , 2011 (the "Effective Date"), by and among the CITY OF GRAND
TERRACE, a municipal corporation (the "City"), the REDEVELOPMENT AGENCY OF THE
CITY OF GRAND TERRACE, a public body, corporate and politic (the "Agency"), and the SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a California municipal water district
(the "Water District"). The City, the Agency and the Water District are referred to collectively
herein as the "Parties" and individually as a "Party," with regard to the following:
1.The County of San Bernardino ("County") is authorized to allocate certain property
tax revenues pursuant to statutory authority and the terms of that certain agreement entered into by
and among the County, the Water District, and the City, entitled "Grand Terrace Redevelopment
Agency Settlement Agreement", dated as of April 21, 1980, as amended by that agreement dated as
of November 23, 1981, entitled "Grand Terrace Redevelopment Agency Settlement Agreement" by
and among the County, the City and the Agency (as so amended, the "Payment Administration
Agreement").
2.In connection with its activities under statute and under the Payment Administration
Agreement, the County made certain technical errors with respect to the allocation of property tax
revenue for tax years (a) 2008-09 ("Year 1") and (b) 2009-10 ("Year 2"), the County failed to
correctly identify and disburse certain amounts to the Water District, which amounts were
attributable to a tax override duly authorized on behalf of the Water District (the "Designated
Override Amounts"). The Designated Override Amounts were, instead, incorrectly disbursed to the
Agency, wrongfully appearing to constitute tax increment revenues under Health and Safety Code
Section 33670(b). The Designated Override Amounts incorrectly disbursed to the Agency
represented approximately $1,211,905.00 with respect to Year 1 and approximately $1,083,485.00
with respect to Year 2, for a total of approximately $2,295,360.00 (the "Water District Amount").
3.Agency acknowledges receipt of such incorrect disbursements and agrees to repay the
Water District an amount equal to the Water District Amount, as provided in the remainder of this
Section 3. The principal of the Water District Amount shall accrue interest, based upon the
outstanding balance thereof, at the applicable variable rate established for investments as established
from time to time by the California Local Agency Investment Fund (LAIF) (the "LAIF Rate").
Payment of the Water District Amount shall be accomplished by the Agency in ten (10) substantially
equivalent annual installments of $229,536.00 made pursuant to the terms of this Agreement,
including without limitation Section 4 hereof. Payments shall be made as provided in Section 4.2
hereof. Agency hereby acknowledges and agrees that it shall be solely responsible for the timely and
full discharge of all payment obligations contemplated in this Section 3 and the Agreement and that
the City shall have no obligation of any kind to contribute or otherwise make payments under this
Agreement, nor will the County make or administer payments under this Agreement. At such time as
the Agency prepares an enforceable obligation schedule (as provide pursuant to Chapter 5, statutes of
2011), the Agency shall include its obligation to the Water District for payment to the Water District
Amount among the listed obligations of the Agency. Agency further acknowledges that the payment
obligation contemplated by this Agreement: (i) is reflected as a current debt obligation on the records
of the Agency; (ii) existed, and was owed to the Water District prior to the introduction of ABX1 26
and ABX1 27; and (iii) shall not be affected or impaired by any failure to include or identify the
Water District Amount on the enforceable obligation schedule.
1
DOCSOC/1487186v11/022092-0002
4. Payment Terms.
4.1 Interest ("Interest") shall accrue on the unpaid and outstanding balance of the
Water District Amount commencing from the Effective Date and continuing until repayment in full
of the Water District Amount at the LAIF Rate, with accrued but unpaid Interest also bearing
Interest.
(i) Notwithstanding any other provision contained herein, in no event
shall Interest payable hereunder exceed the maximum rate permitted under applicable law. If
Agency makes payments of Interest, fees or other charges, however denominated, which are
determined to result in an interest rate that exceeds the maximum rate of interest payable under
applicable law, then any such excess is hereby waived by Water District and shall automatically and
from the date of payment be applied in reduction of the Water District Amount, or, if such excess is
greater than the unpaid Water District Amount, the difference shall be paid by Water District to
Agency.
4.2 Payments and Due Date.
All payments shall be due and payable to Water District in ten (10) annual installments beginning on
the thirtieth (30th) day after a judgment by the Supreme Count becomes final with respect to the
constitutionality and validity of ABX 1 26 and ABX 1 27 (the "Initial Due Date") and each subsequent
annual payment to be made on the succeeding nine anniversaries of the first payment date.
(i) As of the ninth anniversary of the Initial Due Date, any remaining
unpaid principal of the Water District Amount, and all accrued but unpaid interest, shall be
immediately due and payable.
(ii) Notwithstanding any other provision contained herein, all remaining
amounts to be paid by Agency hereunder shall become immediately due and payable upon the earlier
to occur of:
A The ninth anniversary of the Initial Due Date; or
B An election by Water District upon the occurrence of an
Event of Default (as defined hereafter).
(iii) Unless otherwise specifically designated in writing at the time of
payment and agreed to by Water District, payments shall be credited first to late charges and unpaid
costs of collection following a default, second to Interest and third to the principal amount of the
Water District Amount (herein, "Principal").
4.3 Agency's Right to Prepay. Agency shall have the right, but not obligation, to
prepay at any time without penalty all or any remaining amount owing under this Agreement. Unless
otherwise specifically designated in writing at the time of payment and agreed to by Water District,
any such prepayment shall be credited first to late charges and unpaid costs of collection following a
default, second to Interest and third to Principal.
4.4 Late Charge. If any amount of Interest and/or Principal is not received by
Water District within three (3) days after its due date, then, without any requirement for notice to
2
DOCSOC/1487186v11/022092-0002
Agency, Agency shall immediately pay to Water District an additional sum of ten percent (10%) of
such overdue amount as a late charge. Such late charge represents a fair and reasonable estimate of
the costs that Water District will incur by reason of any late payment by Agency. Acceptance of
such late charge by Water District shall not constitute a waiver of Agency's default with respect to
such overdue amount, nor prevent Water District from exercising any of the other rights and
remedies available to Water District under this Agreement.
4.5 Default.
(i)Upon the occurrence of an Event of Default (as defined hereafter) in
addition to any other available remedies under this Agreement, Water District may elect to accelerate
the timing of any amounts remaining unpaid hereunder, causing such sums to become immediately
due and payable.
(ii)Each of the following shall constitute an event of default hereunder
("Event of Default"), and, at Water District's election, shall entitle Water District to accelerate the
entire unpaid indebtedness represented by this Agreement:
A A payment required under this Agreement has not yet been
received by Water District within thirty (30) days from its due date; or
B Agency's breach of any other obligation contained in this
Agreement.
4.6 Cure.
(i)Cure. Notwithstanding any other provision contained herein, Agency
may cure what would otherwise constitute an Event of Default in accordance with the provisions of
this Section.
(ii)Cure of Nonpayment Default. In the event of an Event of Default not
involving a payment required under the provisions of this Agreement, Water District shall tender
written notice ("Default Notice") to Agency detailing the breach ("Stated Default"). If Agency does
not adequately cure the Stated Default within thirty (30) days from receipt of the Default Notice
("Default Cure Period"), then Agency shall be deemed to be in default of this Agreement, unless the
Stated Default cannot reasonably be cured within said thirty (30) days. In such a case, if Agency
commences cure within the thirty (30) day period and completes the cure as soon as possible, Agency
shall be allowed a reasonable time to complete the cure unless that time period will exceed sixty (60)
days. Any Event of Default that cannot be cured within thirty (30) days cannot be cured, unless such
period is specifically extended in writing by Water District.
(iii)Cure of Payment Default. In the event of an Event of Default
involving a payment required under the provisions of this Agreement, Water District shall tender
Default Notice to Agency detailing the Stated Default. If Agency does not adequately cure the Stated
Default within thirty (30) days from receipt of the Default Notice, then Agency shall be deemed to be
in default of this Agreement.
5. The Parties mutually agree that, except as otherwise expressly provided in Sections 1
to 4 (inclusive) hereof, it will not promote governmental efficiency or sound public policy, but would
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DOCSOC/1487186v11/022092-0002
instead result in added administrative costs to all Parties hereto, for the County to review and
recalculate the payment of such amounts, if any, which were properly identifiable as override
payments to the Water District but which may have otherwise been incorrectly disbursed to the
Agency. Accordingly, the Parties agree that no review or payments are appropriate, and no such
payments shall be made to Water District, for any periods prior to Year 1 or as otherwise specifically
set forth in this Agreement and the Water District hereby releases and exonerates the Agency from
any liability or responsibility therefor.
6. Notices. All notices or other communications permitted or required under this
Agreement (collectively "Notices" and individually "Notice") shall be in writing and shall be
sufficiently given if and when hand delivered to the persons set forth below, or if sent by documented
overnight delivery service or registered or certified mail, postage prepaid, return receipt requested, or
by facsimile or electronic mail (but only if a facsimile and/or e-mail address is set forth below),
receipt acknowledged, addressed as set forth below or to such other person and/or at such other
address, facsimile or e-mail as shall be furnished in writing by any Party hereto to the other. Any
such Notice shall be deemed to have been given as of the date received, in the case of personal
delivery, or on the date shown on the receipt or confirmation therefore in all other cases.
If to Water District:
If to Agency:
A copy of each
Party's Notice(s) to:
and
San Bernardino Valley Municipal Water District
1380 East Vanderbilt Way
San Bernardino, California 92408
Attn: Douglas Headrick, General Manager
Telephone No. (909) 387-9226
Facsimile No. (909) 387-9247
Redevelopment Agency of the City of Grand Terrace
22795 Barton Road
Grand Terrace, California 92313-5295
Attn: Betsy Adams, Executive Director
Telephone No. (909) 320-2245
Facsimile No. (909) 783-7629
Varner & Brandt LLP
3750 University Avenue, Suite 610
Riverside, California 92501
Attn: Bruce D. Varner, Esq.
Telephone No. (951) 274-7777
Facsimile No. (951) 274-7770
Stradling Yocca Carlson & Rauth
a Professional Corporation
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attn: Mark J. Huebsch, Esq.
Telephone No. (949) 725-4167
Facsimile No. (949) 823-5167
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7. General Provisions.
7.1 This Agreement shall remain in effect until the thirtieth day following the
ninth anniversary of the Initial Due Date, and shall not be changed or modified except by written
agreement of the Parties. In the event payments contemplated hereunder, and evidenced by the
Agreement remain outstanding after the thirtieth day following the ninth anniversary of the Initial
Due Date, all obligations and rights granted by this Agreement and the Agreement shall survive.
7.2 Except as expressly set forth herein, the Agency, the City and the Water
District each agree to bear its own attorneys' fees and costs incurred in connection with the litigation
prior to this Agreement and the settlement thereof as well as the negotiation, preparation, approval,
execution and delivery of this Agreement.
7.3 Should any lawsuit, action, motion, or proceeding be brought by a Party
hereto to enforce, interpret, avoid, nullify, reform, rescind or seek damages for alleged breach of this
Agreement, then the prevailing Party in such a proceeding shall be entitled to be reimbursed by the
non-prevailing Party (or Parties) for all reasonable out-of-pocket costs and expenses incurred as a
result of enforcing or pursuing such rights, remedies or interests, including but not limited to,
reasonable attorneys' fees, expert or consultant fees and costs for the services rendered to such
prevailing Party.
7.4 In the event a Party to this Agreement is in default of its respective
obligations, the Party asserting such default shall provide written notice to the defaulting Party
identifying such default and indicating that such default must be cured within thirty (30) days, unless
a Party's breach is subject to a shorter cure period. If the defaulting Party fails to cure within the
thirty (30) day cure period, the non-breach Party shall be entitled to seek all remedies available,
either based in law or in equity.
7.5 The Agency, the City and the Water District agree to meet and confer seven
(7) days prior to instituting any formal legal action or motion regarding interpretation and/or
enforcement of this Agreement, excepting where another Party to this Agreement proposes to take
actions which, if taken, would prejudice the rights of the other Party if the meet and confer process is
undertaken.
7.6 This Agreement shall be governed by, construed, and enforced in accordance
with, the laws of the State of California. Any legal proceeding sought to enforce or interpret this
Agreement shall be brought in the Superior Court of California located in the County of San
Bernardino.
7.7 Calendar Days. For purposes of this Agreement, the word "day" or "days,"
whether capitalized, or not, shall refer to calendar days.
7.8 Attorneys' Fees. If any Party reasonably retains counsel for the purpose of
enforcing or preventing the breach of any provision of this Agreement, for recovering damages for an
alleged breach of any provision hereof, for a declaration of such Party's rights or obligations
hereunder, or for any other judicial or non-judicial remedy, which term includes arbitration, the
prevailing Party shall be entitled, in addition to such other relief as may be granted, to be reimbursed
by the losing Party for all costs and expenses incurred thereby, including, but not limited to,
reasonable attorneys' fees and costs for the services rendered to such prevailing Party.
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7.9 Modification. Except as otherwise specifically provided herein or by
operation of law, any provision contained in this Agreement may be modified, but only by the
unanimous written consent of the Parties.
7.10 Assignment. If Water District assigns its interests to receive payment under
this Agreement, such assignment shall not be of any effect to Agency until Water District has
properly notified Agency in writing of such assignment and provides Agency with sufficient
information regarding the assignee to permit Agency to make payments thereto. Agency may not
assign any of its rights or obligations to any other party without the express consent of Water
District.
7.11 Extensions. Water District may, in its sole discretion, grant Agency any
extensions of time for payment of any of the indebtedness, or grant any other indulgences or
forbearances whatsoever, without notice to Agency and without affecting, in any way, the liability of
Agency.
7.12 Faxed/Mechanical/Stamped Signatures. All fax, mechanical and/or stamped
signatures shall be treated as original signatures ("Associated Signatures'") that are associated with
this Agreement, as long as affixed to the particular document with the approval of the person whose
signature is represented by the Associated Signature. There shall be a rebuttable presumption that an
Associated Signature was affixed to the particular document with the consent of the person whose
signature is represented thereby.
7.13 This Agreement shall be and is binding upon and inures to the benefit of the
Agency, the City, the Water District, and their respective successors and assigns.
7.14 In the event the Agency is dissolved pursuant to Chapter 5 of Statutes of
2011, the City will support the payment by an oversight board of all amounts due and payable
hereunder to the Water District. This Agreement shall in no way impair, reduce or otherwise
adversely affect any rights or claims, of any kind or nature, the Water District may have against any
successor agency, or any oversight board ordered or responsible for the satisfaction of outstanding
obligations of the Agency.
7.15 This Agreement shall be interpreted as if equally prepared by all Parties
hereto.
7.16 This Agreement constitutes the final expression of the terms included therein
and the complete and exclusive statement of the agreement among the Parties with respect to the
subject matter hereof, and any other prior or contemporaneous oral or written agreements respecting
its subject matter are merged with and into this Agreement and shall have no force or effect
whatsoever.
7.17 This Agreement includes all of the representations of every kind and nature
made by the Parties, one to the other, whether oral or written, in connection with or as an inducement
to enter into this Agreement. The Parties acknowledge that they have in good faith mutually
participated in the negotiation of this Agreement. Each Party further acknowledges that it has read
this Agreement and is fully aware of and understands all of the terms and consequences thereof and
is voluntarily executing this Agreement in good faith. Each Party further acknowledges that no other
Party, agent, or attorney of any other Party herein has made any promise, representation, or warranty
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whatsoever, written or oral, express or implied, not contained in this Agreement concerning the
subject matter thereof, to induce it to authorize the execution thereof, and acknowledges that it has
not authorized the execution of this Agreement in reliance upon any such promise, representation, or
warranty not contained herein.
7.18 If any provision of this Agreement shall be determined to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be
affected thereby and shall remain valid and enforceable to the fullest extent permitted by law. Any
provision determined to be invalid or unenforceable shall be deemed replaced, if permitted by law,
by a valid and enforceable provision that, to the maximum extent possible, reflects the Parties' intent
in the invalid or unenforceable provision.
GRAND TERRACE REDEVELOPMENT
AGENCY
By:
Executive Director
SAN BERNARDINO VALLEY
MUNICIPAL ATER DISTRICT
By:
Ge ral Manager
CITY OF GRAND TERRACE
Cit anager
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