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10-09-1986CITY OF GRAND TERRACE ~ '° REGULAR COUNCIL MEETING AGENDA CiTY COUNCIL CHAMBERS October 9, 1986 GRAND TERRACE CIVIC CENTER 5 30 P.M. 22795 Barton Road * Call to Order * Invocation - Steve Wyrick, Professor of Full Testament, Calif. Baptist College, Riverside * Pledge of Allegiance * Roll Call Staff CONVENE COMMUNITY REDEVELOPMENT AGENCY Recommendations Council Action 1. Approval of Minutes 9/25/86 Approve 2. Approval of Check Register No. CRA100986 Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Add/Delete 2. SPECIAL PRESENTATIONS A. Certificate of Service -- Sanford L. Collins B. Resolution of Support -- Fourth Annual Wildlife West Festival, November 22-23, 1986 C. Proclamation -- Crime Prevention Month October 1986 D. Resolution of Appreciation to City of Grand Terrace on the Occasion of Southern California Edison's Centennial 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine & non --controversial. 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. Approve A Approve Check Register No. 100986 B. Ratify 10/9/86 CRA Action Approve C. Waive Full Reading of Ordinances on Agenda Approve D. Approve 9/13/86 Minutes Approve E Approve 9/25/86 Minutes Approve PLEASE DO NOT REMOVE COUNTER COPY FROM LIBRARY. THANK YOUI COUNCIL AGENDA 10/9/86 - Page 2 of 2 F. Accept & Authorize City Clerk to Record Staff Recommendations Council Action Approve the Following Grant Deeds for Barton Road Rights -of -Way Robert Zandbergen AP #275--242-09 Dennis Stafford & Darry L. Grable, et al - AP #275-242-10 G. Accept & Authorize City Clerk to Record Approve Grant Deed for Right -of -Way - Barton Rd. Business Park, (Goode) -- AP #275--223-16 4. PUBLIC PARTICIPATION 5. ORAL REPORTS A. Planning Commission B. Parks & Recreation Committee C. Historical & Cultural Activities Committee D. Crime Prevention Committee E. Emergency Operations Committee F. Chamber of Commerce G. Police Chief H Fire Chief I. City Engineer J . City Attorney K. City Manager L City Council 6. UNFINISHED BUSINESS A. Gage Canal Right -of -Way Reimbursement Agree- Approve ment - McMillan Development B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, OPPOSING THE RECON- FIRMATION OF CHIEF JUSTICE BIRD & ASSOCIATE JUSTICES REYNOSA & GRODIN TO THE CALIFORNIA SUPREME COURT 7. NEW BUSINESS A. Authorize Request for Proposals -- Approve Architectural/Engineering Services for the Design of the SCE Pico Parksite (RFP 86--16) ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETINGS WILL BE HELD THURSDAY, OCTOBER 23, 1986, AT 5 30 P M. ------------------------------------------------- AGENDA ITEM REQUESTS FOR THE 10/23/86 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY 12 00 NOON ON 10/15/86. I if pENpING CRA APPROYAE. IT 9 - 1986 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY CRA AGEIYDA ITEM No, REGULAR MEETING - SEPTEMBER 25, 1986 The 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 September 25, 1986, at 5 39 p.m. PRESENT. Hugh J. Grant, Chairman Byron Matteson, Vice Chairman Tony Petta Barbara Pfennighausen Dennis L. Evans Seth Armstead, Executive Director Thomas J. Schwab, Treasurer Ivan Hopkins, Attorney Alicia Chavez, Acting Secretary ABSENT. Ilene Dughman, Secretary CRA-86-43 APPROVAL OF MINUTES (9/11/86) Motion by Mr. Evans, Second by Mrs. Pfennighausen, ALL AYES, to approve the Minutes of September 11, 1986, as presented. APPROVAL OF CHECK REGISTER NO. CRA092586 Motion by Vice Chairman Matteson, Second by Mr. Evans, ALL AYES, to approve Check Register No. CRA092586, as submitted. Adjourned at 5 45 p.m. The next regular meeting will be held urTfi sway, October 9, 1986, at 5 30 p m. Respectfully submitted, ecretary ---- APPROVED Chairman OCT 9 - 1986 COMMUNITY REDEVELOPMENT AGENCY 9RA AGENDA ITEM 140, ,2 CITY OF GRAND TERRACE OCT 9, 1986 CHECK REGISTER NO CRA100986 CHECK NUMBER OUTSTANDING DEMANDS AS OF OCT. 9, 1986 (1) 16314 KICAK AND ASSOCIATES ENGINEERING SERVICES 9/15-9/28/86 FOR VIVIENDA BRIDGE PROJECT $336 25 TOTAL $336.25 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CRA LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CRA. a A �\ THOMAS SCHWAB TREASURER r OCT 9 - iqu My UNCAL AGENDA IIEM 2 8 RESOLUTION OF SUPPORT FOURTH ANNUAL WILDLIFE WEST FESTIVAL NOVEMBEB 22-23, 1986 e WHEREAS, the San Bernardino County Museum has been selected as the only West Coast site for exhibition of the Federal and State Duck Stamp winners; and WHEREAS, the Museum Foundation is sponsoring the Fourth Annual Wildlife West Festival on November 22 and 23; and WHEREAS, the Festival brings together renowned Wildlife artists and exhibitors from across the United States; and WHEREAS, this event is the only one of its kind held in the Inland Empire each year; NOW, THEREFORE, the City Council of the City of Crand Terrace does hereby resolve and acclaim its support of the Fourth Annual Wildlife West Festival, and urges community participation in this free event. Mayor of a oe and of the "ty W404Z thereo This 9th day of October, 1986 0 SAN BERNARDINO COUNTY MUSEUM 2024 Orange Tree Lane • Redlands, CA 92374 1714) 792 1334 • 792 0052 • 825-4825 • 825-4823 September 12, 1986 Dear Mayor, COUNTY OF SAN BERNARDINO =\ �� GENERAL SERVICES AGENCY DR ALLAN D GRIESEMER Director As you know, the San Bernardino County Museum will host the Fourth Annual Wildlife West Festival on November 22 and 23 in Redlands. This free event, featuring the winners of the Federal and State Duck Stamp competitions, wildlife artists, exhibits and demonstrations, is the only one of its kind on the West Coast. We are most proud to have been honored with our selection as host. We hope you will participate in the Festival by introducing the enclosed sample proclamation to your City Council. We would like to present the proclamations from the cities of Rancho Cucamonga, Upland, Montclair, Chino, and Ontario at our West End Kickoff on October 16 at the Jon Rains House in Rancho Cucamonga. Other cities' proclamations, along with those of other local officials, will be a Dart of the program at the Preview Dinner on Thursday, November 20, which will be held at the Museum. We hope you will participate in these activities and show your City's support of these exciting events. If you have any questions or wish to confirm your participation with a proclamation, plaase call Jacqueline Switzer at (714) 798-4866. Sincerely, Al Dr. Allan Griesemer Director RECEIVED CITY OF GRAND TERRACE TiWEEMS, crime minds of citizens and of our cosmunity; and Der 9 ' 1986 r ��1N.ClL' �lG�1tiiI�A I]�t�t � CRDN PREVENTION WNTB OCTOBER 1986 and the fear of crime continue to be foreffiaet in the continue to cast a shadow of insecurity over the lives WHEREAS, it is essential that the community become aware and involved in the following Crime Prevention Programs: DOMESTIC VIOLENCE - a serious problem affecting people of all ages, races, and economz-c levels; SEXUAL VIOLENCE - focusing on awareness, education, and prevention of such crimes specifically degrading to humanity; DRUG ABUSE - proauctng education so youth and adults alike will recognize their stengths, self esteem, and individuality through a drug free society; SAFE SCHOOLS - providing opportunity for school officials, law enforcement, and students to identify effective prevention programs and solutions to school crime and violence; DELINQUENCY PREVENTION - highlighting the positive impact and ir¢luence of programs Lich address youth crime and the importance of preventing delinquency; NOW, THEREFORE, I, Hugh J. Grant, Mayor of the City of Grand Terrace, on behalf of the City Council, do hereby proclaim October 1986 as: CRIME PREVENTION MONTH in the City of Grand Terrace, and urge all citizens to participate in this nationwide effort to prevent crime. Mayor o i G Terrace and of t Cit ounc--Z tnlheof. This 9th day of October, 1986 OCT 9 - 1985 q �,nt{;�tG C1TY\' M1ppUNpftn GLNkEGR r t�4Ct� A�� QYt�� CITY OF GRAND TERRACE �, "-,-wm �� PAGE 1 'ATE 10/02/86 �a`]tt VOUCHER/WARRANT REGISTER CHECK REGISTER NO 100986 - VDU�Hfit{ VfND� ENDS -TEM Ii-EM ---kARRAN--�- WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT ----P4706--- b720--- SO.CA;EDISON-COMPANY- --CASH-PAY-i0/19SCE -21.98 - - - 1.9$' P4709 6730 SO.CA.GAS COMPANY CASH PAY.10/1?SCG 7.06 7.06 16299 JAN P. MADDOX W.W.D.REFUND,NADDOX 12.11 12.11 -163 -ORR-A3NE-f-VER :fl'.i2E-FUNDIEVfR $ -„ 16301 1132 ALL OCCASION AWARDS RIBBONS/G.T.DAYS 30.74 30.74 _5302 1223 ATET INFORMATION SYSTEMS RENT PHONEgEOC A.35 4.35 - 16963�360 -BA-ST-A-NEHURY--BOfiPtffl-WAifit BOT- t-E"-A-TER-r-1-0/ :5 16304 1365 BAYLESS STATIONERS PAPER SHREDDER 379.75 OFF-I-eE-S-UPPt--IE5 3066-: - OFFICE SUPPLIES b 5.38 OFFICE SUPPLIES 105.45, - D F F I EE-5-U" Ei f N -.-?A 16305 1711 CALIFORNIA9 STATE OF LIGHTS,215/BART.EXIT 7/86 290.45 ' I6HiIr9-2157'BAR-T6N-EX1T ; s a i 16306 1726 CENTRAL CITIES SIGN SERVICE DO NOT ENTER SIGNPSTREETS`,z& '•x x h 47.70, 47.70 16307 1748 CONSTANCE CHAPMAN CLEAN R/RIPARK (4 DAYS) 80.00 80.00 I� 16308 - 3; 51. CH" L--IFEDNO05NtIE5!A-NiiBR-iAE 5-UPP-LAf-5-vCC 161s09--j. 16309 1912 3D COMPUTER SUPPLY SUPPLIESOWORD PROCESSOR 36.84 - ---- 5 U P PtI-E5-9 W O R9-Pit 8C-E5-50 16310 2042 DICKSON CO.OF INLAND EMPIRE STREET SWEEP.9/86 1943.it4 19943.44 I4 16311 2226 EASTERDAY SUPPLY COMPANY TRASH CAN LINERS C/C 176.14 s 176.14 I' 'i Is 36312 3-1-84 HERTZ-EQU+"E-NT RENTAL RE-N"B1F8tlM RENT SKIPLOADER 174.00 336.40 � 1633-3 -3218 H-YftkE-X-PE5T-E-8NTR-8L P-C-�T-f8NT-RGL-r9-t867-E/C- - 8699 - -`-'-48-.-90---I, 16314 4110 KICAK E ASSOCIATES ENG.SVCS.9/8-9/28/86 xY 19506900 ENG.SVCS.9/8-9/28/86 850.40 i` ENG.SVCS.9/6-9/28/86 39242.00 ENG : 5-Vf5 w W 6-9 / 2 B-/ 86 3-9-9 8-5.15 b ENG.SVCS.9/8-9/28/86 _' 733.40 1e ENG.SVCS.9/8-9/28/86 1t647.44 -- - EN G:SVt5.9/8-9/Y8-18 6 0.44 ENG.SVCS.9/8-9/28/86 19362.00 " ' ENG.SVCS.9/8-9/28/86 468.00 ENG.SiVf5.-9/-15-9/28/66 3-36ork5 16r025.98 --- •VOCHREGR CITY OF GRAND TERRACE PAGE 1 DATE 10/01/86 VOUCHER/WARRANT REGISTER �__- VOUCHER/ - _VENDOR--____--YENIlOR_ -_ -__ __ _ ITEM _ _ _ _ ITEM giARRAN WARRANT NUMBER I NUMBER NAME DESCRIPTION AMOUNT AMOUNT ' -- P_4688 2258 EMPLOYEES RETIREMENT FUND LOAN/RETIREMENT FUND 100.00 100.00 P4689 6720 SO.CA.EDISON COMPANY CASH PAY.9/18,SCE 301.79 301.79 P4690 ,I 6730 SO.CA.GAS COMPANY CASH PAY.9/189SCG 40.05 40.05 _ P UL_-- I _ 6720_ _ _ _ SQ._CA.EOISDA-UMPANY - CASH P-AY.9/19%SCE __ - _ _-_ __ _ ___ _-40.DQ___-___ P4692 6730 SO.CA.GAS COMPANY CASH PAY.9/199SCG 24.67 24.67 P4693 _ 6720 SO.CA.EDISON COMPANY CASH PAY.9/22,SCE 88.21 - 88.21 13i _ e4¢94_ ifi 6 0-__Sa�CA�S�S_CIlMPANY_--_-- ------CA.SH-PAY.9/Z 9SC&________--- ___-- --59.46--------- , P4695 3975 KELLY'S SILK SCREEN DEPOSIT9TERRACE DAY SHIRTS 165.00 165.00 I d� - PA696 6720 SO.CA.EDISON COMPANY CASH PAY.9/24,SCE ^ 47.50 47.50 =ai P4697 _-- ___67_3_0___--_SO. _ CA, G? S-COMPANY - _ __CASR_PA1L&_9/249SCSz_-_--------- ---- 10.84 -- - _1Q,F14---- P4698 6720 SO.CA.EDISON COMPANY CASH PAY.9/25,SCE 25.32 25.32 25' P4699 6730 SO.CA.GAS COMPANY CASH PAY99/259SCG 8.92 8.92 ==I _P4700 3975 KELLY'S SILK SCREEN _UL_,_TE.BRALE_DAY-.flt1IBIS 1 1�48 _ i P4701 �I BEST WESTERN INNTOWNE RESIROOM,LCCfANSTINE 111.00 111.00 P4702 3163 HEALTH NET MED.INS.PIEPMEIER ^-- - 82.11 - 82.11 - P4703 r 4347 --LEAGUE OF-�ALIEORNIA_CITI-ES---- RESz.LC�sANS_T1NE__-__-- --1_0a00- -_1Q5.0� - 'I "I P4704 6730 SO.CA.GAS COMPANY CASH PAY.9/299SCG 26.93 ' L CA S H_ PA Y . 9 / 3 0 , S C G ---- _ _ -- - -- --1 Z k9_4 - P4705 6782 STATE COMPENSATION INS.FUND WORKERS COMP.INS.9/86 633.06 633.06 ' P4706 6720 SO.CA.EDISON COMPANY CASH PAY.9/30,SCE -39.72 39.72 TOTAL CHECKS _ 29079.00-- --- VJOChREGR CITY OF GRAND TERRACE PAGE 2 DATE 10/02/86 VOUCHER/WARRANT REGISTER --V0"-- 1ER,DOn^ V{NB^^ 1 •. --ifiE-rt A R R-AYv-- WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT — 1-631-5 ' 16 4 K -A R T—W-4-43' F 1 Ny3t i B E F I 41 .6 4- 16316 4470 LOMA LINDA DISPOSAL TRASH P/U,C/Cg1D/86 38.35 -- - EXTRA P/U,PARK99/20 15.00 91.70 — 1 6 317 4 6 4 O—M-A{4P4)iiE R TEMPORARY S V C . s : 04-- 16318 4664 MERRY MOUSE HOUSE BALLONS/HELIUM TANK 47.70 47.70 16319 4890 JEAN MYERS CROSS.GUARD99/8-9/19/86 127.20 127.20 -6-320 4992 6 LEGAt SERVICES, 4-8 5 16321 5450 OTIS ELEVATOR COMPANY MAINT.ELEVATOR9C/C 190.50 190.50 16322 5529 PACIFIC BELL PHONEgE.O.C., 32.08 PHONEtCIVIC CENTER 863.87 895.95 16323 5579 PEOPLE HELPERS,INC. REC.SVCS.9/16-10/1/86 29331.86 29331.86 163�4 6�38 — Ate:-°BERNA-R•BINO,GOU . w a _ 16325 6555 SAN BERNARDIN09COUNTY OF _ DUMP CHARGE.8/19-9/15/86 > 102.75 16326 6765 SQUIRES LUMBER COMPANY SUPPLIES9CIVIC CENTER 16.99 16.99 16327 6960 TERRACE LANDSCAPE SERVICES REPLACE SHRUBS,C/C 805'.00 " REPAIR IRRIGATION,C/C 79.92 RE TnnT T I O N fP A R#k 39696 92i.08 16328 7340 UNIVERSITY PROMPT CARE PHYSICAL9MOORE 48.00 46.00 16329 7540 VALLEY DECORATING CO. CHRISTMAS DECORATIONS 551.81 — 1633-0?560 VIGS GORP. " c !N R TT �.TAT1n =e 16331 7780 WEAR —GUARD WORK CLOTHES PARKA/CROSS.GUARD. 23.49 23.49 TOTAL CHECKS I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE THE AFORELISTED CHECKS FOR PAYMENT OF CITY LIABILITIESHAVF BEEN AUDITED BY ME AND ARE NECESSAR AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY Y k FINANCE DIRECTOR PENDING CITY COUNCIL, APPROVAL DOT 9 - 1986 CITY OF GRAND TERRACE U1 �1L-AC Mt -l� A 3 COUNCIL MINUTES ADJOURNED REGULAR MEETING - SEPTEMBER 13, 1986 An Adjourned Regular Meeting of the City Council of the City of Grand Terrace was called to order in the Community Meeting Room, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 13, 1986, at 11.25 a.m. PRESENT Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Thomas J. Schwab, Acting City Manager/Deputy City Clerk Ivan Hopkins, City Attorney Joe Kicak, Planning Director/City Engineer ABSENT Seth Armstead, City Manager Ilene Dughman, City Clerk COMMERCIAL DEVELOPMENT MASTER PLAN CC-86-233 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to divide sections into three areas (Area #1, Area #2, and Area #3) and make determinations separately. AREA #1 (north of DeBerry, west and east of the I-215 Freeway to and including Mt. Vernon Avenue CC-86-234 Motion by Councilman Evans, Second by Mayor Grant, ALL AYES, that the staff or Colton Joint Unified School District prepare a current school population projection and build -out relative to the necessary needs of Grand Terrace Elementary School and, if figures exceed capabilities of the existing facility, ascertain intended plans for future expansion of the school. (Council concurred later in the meeting, at Councilman Evans' request, to include a 30-day deadline in this Motion.) CC-86 -235 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, that staff be directed to contact SCE relative to potential realignment of Commerce Way from its existing alignment to proposed Iowa off ramp location. It was clarified that Motion was conditioned on Council's prior determination that the Iowa/La Cadena no longer be under consideration as an ingress or egress. (Council concurred later in the meeting, at Councilman Evans' request, to include a 30-day deadline in this Motion.) Motion No. CC -86-235 carried, 4-0-1, with Councilman Petta abstaining. Council Minutes - 9/13/86 Page 2 - CC-86 -236 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to explore the cost feasibility of various off ramp alternatives (modifying Barton Road on and off ramps, Y concept discussed by Commissioner Hawkinson, and Iowa access), to include input from CALTRANS. Mayor Grant clarified that staff would be expected to explore all conceivable and feasible alternatives, in addition to those previously discussed, and present offers to CALTRANS. Councilman Evans, noting alternatives had been explored during the General Plan Update, felt, if any action is taken, cost factors should be updated, however, felt investigating other alternate accesses a waste of time. Motion No. CC -86-236 carried 3-2, with Councilmembers Pfennighausen and Evans voting NOE. By request of Councilwoman Pfennighausen, the following votes were identified by each Councilmember. Councilman Evans noted his dissent, feeling a potential conflict exists due to Councilman Petta's real estate holdings in the area being discussed. Councilwoman Pfennighausen noted her dissent, felt the record indicates that Councilman Petta has a potential conflict of interest. Mayor Pro Tem Matteson related his affirmative vote. Relative to Councilman Petta, noted Motion requests the securing of information only and that no decisions are being made at this point. Mayor Grant related his affirmative vote, advised of his feeling that Councilman Petta represents this City and has a right not to be disenfranchised every time he votes on something in the area west of Michigan Avenue, felt it a dereliction of Council's responsibility to squelch him based on vague technicalities. Motion by Councilman Evans, Second by Councilwoman Pfennighausen, that the City Manager direct the City Attorney to prepare a letter to the Fair Political Practices Commission (FPPC) to determine whether Councilman Petta may participate even in discussion stages of the matter in question failed, 2-2-1, with Mayor Grant and Mayor Pro Tem Matteson voting NOE and Councilman Petta abstaining. Councilwoman Pfennighausen related lack of need for a Motion, noting staff can be required to accomplish a specific action simply by direction from a Council or community member. 6 Council Minutes - 9/13/86 Page 3 - Councilman Petta advised his participation will only involve legitimate actions and wished to be availed if there is any indication to the contrary. Related issue as accessibility to alleviate an existing problem (bottleneck) on Barton Road, Council's action merely directs staff to prepare a study on alternative possibilities; noted his vote was based on open discussion and, if it was not permissable, wants to know. Mayor Grant felt the Motion pertained generally to the City and was not specific to the area west of Michigan, where Councilman Petta holds interest in property. Area #2 (between Van Buren and DeBerry) Councilwoman Pfennighausen felt Area #2 should be deferred due to specific actions by either Mayor Pro Tem Matteson or Councilman Petta potentially involving a conflict of interest, felt when the FPPC renders its official opinion, the area in question can move out of that realm wherein decisions cannot be made. For clarification of issue, Mayor Pro Tem Matteson requested the City Attorney's opinion, with Council concurrence. Mayor Grant noted a specific response is expected from City Attorney Hopkins regarding whether or not he feels Mayor Pro Tem Matteson and Councilman Petta are in conflict of interest. Councilwoman Pfennighausen felt City Attorney Hopkins had previously addressed the issue advising both Mayor Pro Tem Matteson and Councilman Petta that, when discussing this particular area, a potential conflict of interest exists, therefore, proposed the FPPC render an official position. Mayor Pro Tem Matteson felt, as both a resident and Councilman, he has the right to decide on future development of the City, noting no decisions had been made relative to his particular piece of property, did not feel it a conflict of interest to make decisions governing the City as a whole. Council concurred to bypass Area #2 until issue is settled. Area #3 (south of Van Buren) No further action taken on Area #3. (Reference Motion No. CC-86-234 relative to potential school site) Adjourned at 12 10 p.m. The next regular City Council meeting will be held Thursday, h-ursday, September 25, 1986, at 5 30 p.m. i APPROVED Mayor Respectfully submitted, yCer p_ CITY OF GRAND TERRACE OCT 9 1986 COUNCIL MINUTES wumcm, AGg'NDA 1T-EY-,i 3� REGULAR MEETING - SEPTEMBER 25, 1986 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 September 25, 1986, at 5.45 p.m. PRESENT. Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, Planning Director/City Engineer Alicia Chavez, Deputy City Clerk ABSENT- Ilene Dughman, City Clerk The meeting was opened with invocation by Pastor Larry Wilson, Praise Fellowship Foursquare Church, followed by the Pledge of Allegiance, led by City Manager Armstead. ITEMS ADDED TO AGENDA - 2B - Crime Prevention Update. SPECIAL PRESENTATIONS 1985 Pedestrian Safety Award Kelli Bruhl, Assistant Manager of the Auto Club of Southern California, on behalf of the Automobile Association of America, presented a 1985 Pedestrian Safety Award to the Mayor honoring the City for the third year running. Mayor Grant attributed credit to the San Bernardino County Sheriff's Department. Crime Prevention Update Sharon Korgan, Community Service Officer, reported the following. (1) Crime Prevention Grant is officially approved, (2) Acquaintance Rape booklet is available, (3) "Rape and Teen Alchoholism" slide tape presentations have been purchased, (4) Her membership, as well as two other Grand Terrace residents, to the School Attendance Review Board, thereby providing the City with strong representation, (4) Secret Service to make a presentation on "Counterfeit Checks and Credit Card Forgery" at the Chamber's October 17 luncheon, (5) Increase in crimes reported by telephone, (6) Requested Council's support in the School Crime Prevention Program to include a McGruff puppet and tape programs, cost estimated not to exceed $350.00. h 4 ?Council Minutes - 9/25/86 Page 2 CC-86-237 Motion by Councilman Petta, Second by Councilman Evans, ALL AYES, to support the McGruff School Crime Prevention Program. CONSENT CALENDAR The following item was removed for discussion 3A - Check Register No. 092586. CC-86--238 Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, ALL AYES, to approve the following Consent Calendar items B. Ratify 9/25/86 CRA Action, C. Waive Full Reading of Ordinances on Agenda, D. Approve 9/25/86 Minutes, as presented. CHECK REGISTER NO. 092586 Responding to Mayor Grant relative Warrant No. P4680, Planning Class, Planning Director Kicak related five out of the seven Planning Commissioners are planning to attend (Hargrave, Munson, Van Gelder, Caouette, and Hawkinson). r CC-86-239 Motion by Mayor Grant, Second by Councilman Peta, ALL AYES, to approve Check Register No. 092586, as submitted. PUBLIC PARTICIPATION Barney Karger, 11668 Bernardo Way, remarked on the following (1) Was impressed when he appeared before the San Bernardino County Planning Commission, felt City's Planning Commissioners should be required to observe how the County handles planning matters, (2) Requested Council consider alternatives to socially enhance and upgrade the quality of life in Grand Terrace, felt the City has steadily lost some of its caliber of people and housing. Mary Robinson, 22631 Minona Drive, questioned status of water rate increase issue. Felt if Riverside Highland Water Company is unable to reduce rates, water allocations should be given back. Mayor Pro Tem Matteson referenced a recent news article, regarding Loma Linda's water problems and the emergency aid readily given to them by San Bernardino, wherein it stated that pumping excess water to other areas helps to alleviate high ground water problems north of San Jacinto fault. Noting the seemingly overabundance of water in areas surrounding Grand Terrace including Colton and Rialto, Mayor Pro Tem Matteson cited one of the reasons given by Riverside Highland Water Company for increasing water rates was to conserve water. Therefore, in an effort to resolve the issue, advised the LAFC would be contacted to request a special investigation into the City's water problem - when information is acquired, it will be passed on to residents. r Y TCouncil Minutes - 9/25/86 Page 3 Reverend Lucille Hays, 22114 DeBerry, voiced concern with high water rates, also related problem with sand and gravel in the water causing damage to her chlorine filter, resulting in the necessity to replace it, noted the special filtering system is crucial to alleviate health problems due to an extreme allergy to chlorine. CC-86-240 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, ALL AYES, to direct staff to prepare and provide Council, within 30 days, an in-depth water rate comparison study of other cities (Cities of Colton, Rialto, Redlands, San Bernardino, Riverside, and other cities in Southern and Northern California) including source of water, transportation/delivery, cost factors, and billings to ascertain whether current rates are realistic. (It was later clarified that staff is to acquire their own figures for this comparison, however, it would behoove staff to await information from the LAFC before initiating the comparison.) Councilwoman Pfennighausen requested Gene McMeans, Manager of Riverside Highland Water Company, investigate and resolve Mrs. Hays' filter problem since it involves a serious health situation, and that Mrs. Hays and Council receive a response. Responding to Reverend Hays' concerns relative to individuals smoking in the Grand Terrace Branch Post Office located in the Grand Terrace Pharmacy, City Attorney Hopkins advised review would be made of the City's Smoking Ordinance relative to whether smoking is in fact prohibited in commercial public areas, findings will be reported. Motion No. CC-86-240 carried, ALL AYES. Barney Karger, 11668 Bernardo Way, related his intention to let his grove die due to increased water cost to growers. ORAL REPORTS PARKS AND RECREATION COMMITTEE REPORT - Minutes of the August 4, 1986 meeting were provided. Dick Ro lins related status on construction of Terrace Hills High School snack bar. Councilman Petta questioned whether the City is prepared to initiate projects for the Pico Park Site, anticipated to become available January 1. Responding to Community Service Director Anstine's comments relative to the need to compensate the current tenant for crop loss, Mayor Pro Tem Matteson advised the tenant has volunteered to relinquish that parcel early. Mr. Antsine will investigate the matter. ' HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE REPORT - Minutes of the September T,77F67were provided. Planning Director Kicak clarified a dedicated street had not been named "Joe Kicak" as reflected in the Minutes, related the dedication referred to potentially naming a street after a recently deceased Grand Terrace boy. Councilwoman Pfennighausen felt the Committee should consider changing the name of y Council Minutes - 9/25/86 Page 4 a street proposed to be named "Woodpecker Lane," related negative comments from various citizens. Mayor Grant and Mayor Pro Tem Matteson saw no problem with name as proposed. CHAMBER OF COMMERCE REPORT - Dennis Williams, Chamber Director, reported the following 1) Encouraged community involvement in Terrace Days, (2) Chamber's participation in the Arrowhead United Way campaign. POLICE CHIEF REPORT - Captain James Bradford, San Bernardino Sheriff's 'Department, recapped recent crime activity within the City. Councilman Evans, referencing budget session discussions, requested Captain Bradford prepare a quarterly report including statistics and call -ins for service to determine need for two full-time officers during peak hours. CITY MANAGER REPORT - City Manager Armstead reported on the following eeting with the Arrowhead United Way, (2) 1986-87 Capital Improvement Projects provided Council, (3) Colton Joint Unified School District's request to attend October 23rd meeting relative to school impaction fee review. CITY COUNCIL REPORTS October Council Meeting Schedule - Council determined there is no need to reschedule Council meetings in October. Councilman Petta noted phone calls from Mr. Henry Arkebauer relative to neighbors parking in front of his residence for extended periods of time. Noted issue is not a legal matter, but felt limited parking should be implemented to alleviate a problem from a humanitarian point of view, since Mr. Arkebauer is elderly. RESOLUTION NO. 86 -38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAND TERRACE, CALIFORNIA, ESTABLISHING A "LIMITED PARKING" ZONE ON THE FRONTAGE OF 11959 ARLISS DRIVE. CC-86-241 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to limit parking in front of Mr. Arkebauer's residence (11959 Arliss Drive) to one hour (to Adopt Resolution No. 86-38). Councilwoman Pfennighausen felt the family creating the problem is insensitive to Mr. Arkebauer's age and the frustration and physical injury caused, recommended an official letter be sent requesting their cooperation in keeping their vehicles parked on their side of the street. Mayor Pro Tem Matteson concurred something must be done to resolve this problem, however, felt the Motion is the wrong approach. Reverend Lucille Hays, 22114 DeBerry, recommended that elderly persons being harassed call 911 and request assistance from an Adult Protective Service Worker, which will be provided at no expense. Mayor Grant felt this an exellent idea, noted, in addition to the U JCouncil Minutes - 9/25/86 Page 5 Motion, which he felt was valid, the issue is to persuade the neighbors to refrain activities causing problems. Councilman Evans voiced no objection to a letter, strongly worded, requesting cooperation from the neighbors in question, opposed the Motion, feeling it would not rectify the problem. Motion No. CC-86-241 carried, 3-2, with Mayor Pro Tem Matteson and Councilman Evans voting NOE Mayor Pro Tem Matteson voiced preferrence to Mrs. Hays' suggestion rather than the above recommended correspondence. Mayor Grant concurred, however, recommended that Mr. Arkebauer first be approached to explain that what is being offered is for his benefit. It was clarified that two one -hour parking signs will be erected, one at each property line. Mayor Grant reported attendance at the September 24th LAFC meeting. WAIVER REQUEST FOR FUTURE DEVELOPMENT OF OBSERVATION DRIVE Planning Director Kicak referenced the following alternatives with respect to the disposition of Observation Drive (1) Continue Observation Drive along the California Aqueduct, (2) Place the balance of Observation Drive along the General Plan Circulation Element proposed route, or (3) Eliminate Observation Drive southerly of Van Buren. Requested Council's direction. (Ref September 25 Staff Report, subject Observation Drive Realignment and/or Amendment to the General Plan Circulation Element) Recessed at 7 38 p.m., reconvened at 7 52 p.m., with all members present. Mr. Kicak further outlined specific areas in question on the map. Alternative No. 1 Related staff's feelings that, if Observation Drive is extended southerly from Van Buren, it should follow the California Aqueduct in order to minimize topographical impact on road development. Alternative No. 2. Noted Observation Drive, as proposed in the Circulation Element, appears as an unsuitable topographical area. Due to undesirable topography southerly of Pico, it appears unlikely development would involve enough density to warrant such a road, also felt it unlikely anyone living westerly of Oriole Street would travel easterly to Observation Drive for access to major City streets or I-215, therefore, staff recommended Observation Drive, as shown in the Circulation Element, not be considered for construction. Alternative No. 3 Felt, in conjunction with Tract 13050, anticipated traffic vo ume generated would not warrant a major street such as Observation Drive, however, should Council desire development of Observation Drive in that area, staff recommends the California Aqueduct be considered as an appropriate route. Bill McKeever, 12714 Blue Mountain Court, opposed Alternate No. 1 extending the road south along the aqueduct since it would adversely Y Council Minutes - 9/25/86 Page 6 impact his property by placing the street adjacent to his property line. Felt there is credibility for an additional arterial street, however, questioned practicality of its use south of Van Buren. Based upon lack of main arteries in the City, Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, that Observation Drive follow the alignment of the California Aqueduct between Van Buren and Main Street (Alternate No. 2). The Motion failed, 2-3, with Councilmembers Petta, Pfennighausen, and Evans voting NOE. CC-86-242 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to waive the requirement for construction of Observation Drive between Van Buren and Main Street (Alternate No 3). It was later clarified the Motion includes requiring Developer to pay for the General Plan Amendment costs and to dedicate right-of-way property in event of potential future development of Observation Drive. Councilman Evans felt available traffic circulation information relative to area south of Main Street in Riverside County should be reviewed since that could have an impact on the development of Observation Drive. Mayor Pro Tem Matteson, in consideration of the Developer, felt decision should be made at this time. Richard Haase, Van Dell & Associates, Engineering Consultants for Tract 13050, responding to Councilman Evans' concerns, advised there could be some substantial development to the south, which is adequately served by collectors already, however, cost to develop area to the east would be prohibitive. Suggested, in lieu of requiring Developer to construct the half street of the improvement, Council require dedication of right-of-way when its need is ascertained. Mayor Pro Tem Matteson called for the question. CC -86 -243 Motion by Councilman Evans, Second by Mayor Grant, to overrule the call for the question, carried, 4 -1, with Mayor Pro Tem Matteson voting NOE. Responding to Councilman Evans, Mr. Haase advised, due to the topography of the land, the proposed knuckle -type configuration which will intersect with the centerline of Observation Drive is the only viable solution from an engineering and safety standpoint. Motion No. CC-86-242 carried, ALL AYES. Relative to further discussion regarding concerns and assurance there would be a green belt area from Van Buren south to Main Street, Planning Director Kicak related issue could be resolved by requiring the green belt area as a condition in the General Plan Amendment. Council indicated concurrence. Council Minutes - 9/25/86 Page 7 Dennis Kidd, 22874 Pico, questioned and it was clarified that the land he owns over the aqueduct would remain a grove and considered part of the green belt. Referencing September 11, 1986 Council meeting, Mayor Pro Tem Matteson related his absence during the discussion, Motion, and vote relative to above subject, noting requested action failed 2-2. CC-86-244 Desiring an opportunity to vote on issue, Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, that Council adopt a Resolution opposing reconfirmation of Supreme Court Justices Bird, Reynosa, and Grodin. (Staff to prepare a Resolution for Council's approval of text) Councilman Petta and Mayor Grant voiced opposition to Motion, not caring to publicize their votes. Mayor Pro Tem Matteson felt Councilmembers, as public officials, should make a stand on issues they feel strongly about and publically express them. Councilwoman Pfennighausen felt that Councilmembers' attitudes should remain consistent and, therefore, any future Resolutions supporting initiative or political issues should, in turn, be rejected by the same individuals. Mayor Grant concurred strictly with respect to ballot issues. Motion No. CC-86-244 carried 3--2, with Mayor Grant and Councilman Petta voting NOE. Adjourned at 9 03 p.m. The next regular meeting will be held uifiF rsday, October 9, 1986, at 5 30 p m. Respectfully submitted, -, -", - &0 i ty e r APPROVED Mayor 0 N DATE October 1, 1986 TA �� ►T C R A ITEM ( ) COUNCIL ITEM (kx) MEETING DATE: OCTOBER 9, 1986 AGENDA ITEM N0. SUBJECT GRANT DEED DEDICATION - BARTON ROAD WIDENING FUNDING REQUIRED NO FUNDING REQUIRED xx Attached is a Grant Deed for Barton Road dedication for the following Robert Zandbergen Assessor's Parcel #275-242-09 Dennis Stafford and Darry L.Grable, Assessor's Parcel #275-242-10 et al The City should accept and authorize recordation of the Deeds immediately. STAFF RECOMMENDS THAT THE CITY COUNCIL ACCEPT THE DEDICATIONS AND AUTHORIZE THE CITY CLERK TO RECORD. JK/lh Attachments r Order No Escrow No ` Loan No IM1 t � 1 A.PN275-242-09 A, .: f J ' . ENJA,R EC ORDED MAILJO'�,, ' , ( A ki4�City'�of�Grand Terrace', ° I 22795 Barton' Road )`,' "'+'` iar ,{Grand Terrace;,, CA 92324 5+ r J MAIL TAX STATEMENTS TO SPACE ABOVE THIS LINE FOR RECORDERS USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed OR Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Zandbergen, an unmarried man, as his sole and separate property hereby GRANT(S) to The City of Grand Terrace the real property in the City of Grand Terrace County of San Bernardino , State of California, described as That portion of Lot 15 of Tract No. 2966, as per Plat recorded in Book 40, of Maps, page 46 records of said County lying Southerly of a line that is parallel with and distant 17.00 feet Northerly of, measured at right angles to the Southerly line of Said Lot 15. Contains 0.035 Acres, more or less. (1530.0 sq. ft.) It is the express intention of this instrument to add an additional 17 00 feet of dedication to the Northerly side of Barton Road, creating a half right of way width of 50.00 feet adjoining the hereinabove described property I Dated August 22, 1986 I STATE OF CALIF FINABernardino )as. COUNTY OF I A------- 00 I nce Order No Escrow No Loan No 275-242-10 ! r,� "rCtt10 t�'`! `4,1 5 f47r3 i �g4WHENEC0ADEDi' MA�L jT0:, iS' r�'a ,}rtT�#y Grand /Terrace z'Ai22795, Barton',Road rr,At t! } M Grand Terrace, CA f�92324 11+ J't MAIL TAX STATEMENTS TO ' SPACE ABOVE THIS LINE FOR RECORDERS USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed OR Computed on the consideration or value less hens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dennis C Stafford, a,married man, and William J McKeever, a married man, each to an undivided 1/6 interest, and Darry L Grable, a married man, and J B Karger, a married man as his sole and seperate property, each to an undivided 1/3 interest. hereby GRANT(S) to the City of Grand Terrace the real property in the City of Grand Terrace County of San Bernardino , State of California described as That portion of Lot 16, Tract No 2966, as per map recorded in Book 40 of Maps, page 46 records of said County lying Southerly of a line that is parallel with and distant 17 00 feet Northerly of, measured at right angles to the Northerly line of said Lot 16 Contains 0 036 Acres, more or less. (1530 0 Sq Ft ) It is the express intention of this instrument to add an additional 17 00 feet of dedication to the Northerly side of Barton Road, creating a half right of way width of 50.00 feet adjoining the hereinabove described property Dated / ' I � L I STATE OF CAL-IfpR��NJJff�� rr Ise COUNTY OF /'f1 Lx l d . I MEMORANDUM DATE: September 26, 1986 12.376 TO: Ilene Dughman, City Clerk FROM: Joseph Kicak, City Engineer SUBJECT: Barton Road Widening - Grant Deeds for Property Dedications. Attached, please find the original Grant Deeds for property dedication for Barton Road Widening These dedications are offered by the following Robert Zandbergen Assessor's Parcel Number 275-242-09 Dennis Stafford, and Darry L. Grable, et al Assessor's Parcel Number 275-242-10 Please place on the City Council Agenda for October 9, 1986, a staff report will follow. 10. JK/lh Attachments _ DATE: �. - October 2, 1986 _ - ` ; 12-8`%0d ' ' :5 C R A ITEM ( ) COUNCIL ITEM (x3 MEETING DATE: OCTOBER 9, 1986 AGENDA ITEM NO. -�)4_ SUBJECT BARTON ROAD BUSINESS PARK - BARTON ROAD DEDICATION FUNDING REQUIRED NO FUNDING REQUIRED xx Enclosed, you will find a Grant Deed of dedication for Barton Road, located just easterly of Southern Pacific Railroad and westerly of Grand Terrace Road. This Deed is presented to the City for acceptance as was required by the Conditions of Approval for a development within the M-R Zone. STAFF RECOMMENDS THAT THE CITY COUNCIL ACCEPT THE DEED AND DIRECT THE CITY CLERK TO RECORD. JK/lh RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO r —I NAME STREET City of Grand Terrace Afm.Ess 22795 Barton Road city ZIP Grand Terrace CA L 92324 Title Order No Escrow No GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX S ❑ computed on full value of property conveyed, or ❑ computed on full value less liens and encumbrances remaining at time of sale Signature of Declarant or Agent Determining Tax Firm Name FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), James T Goode and Teresa E Goode (Husband and Wife) (name of granlor(s) ) grant to The City of Grand Terrace , (name of granlee(s) I all that real property situated in the City of Grand Terrace (or In an unincorporated area of) San Bernardino County, California, (name of Counly) described as follows (insert legal description) That certain 50.00 foot strip of land lying Northerly of the centerline of Barton Road as shown on a record of survey filed in map book 57, page 18, records of San Bernardino County, California The Southerly line of said strip is the centerline of Barton Road as shown on said record of survey. Said strip of land falls entirely within the follow- ing described parcel- (see sheet #f2) continued Assessor's parcel No 275-223-16 Executed on September 23 , 19 86 , at STATE OF CALIFORNIA COUNTY OF San Bernardino San Bernardino,California (City and slale) — re�,m Iss / '" r on this 23rdday of Sentembexin the year 1986 , before me the undersigned a Notary Public In and for said State personally appeared James T. Goode and Teresa E. Goode personally known to me (or proved to me on the basis of satisfactory evidence) to be the pefsorn.A-- whose nines are subscribed to the within Instrument and acknowl edged to me that t he-Y executed it (ornrIAL RFAL) =� JOAN GALLOWAY ��.5r "`� NOTARY PUBLIC CALIFORNIA •..nZ' cAW RIMPIADnihrn rnIlRITV I Portion of Block "I", GRAND TERRACE TRACT, in the County of San Bernardino, State of California, as shown by map thereof, as per plat recorded in Book 1 of Maps, page 33, records of said County, described as follows: BErINNING at a point on the Westerly line of Crand Avenue, 379.49 feet Southerly from the Northeast corner of the Southerly 8.04 acres of Block "I", said point being the Southeast corner of the property conveyed to Clifford L. Davis, et ux, by deed recorded February 1, 1940, in Book 1381, page 486, Official Records; thence Southerly along the West line of said Crand Avenue, 357.11 feet to the North line of Palm Avenue; thence West along Palm Avenue to a point 120 feet Easterly, measured at right angles from the center line of the Southern Pacific Railway right of way; thence, Northeasterly parallel to said center line, 100 feet; thence Northwesterly at right angles to said railway right of way, 100 feet to point on the Southeast line of said right of way; thence Northeasterly along said right of way to point due West of Point of Beginning, said point being the :southwest corner of the property conveyed to Davis above referred to, thence East to the Point of Beginning. EXCEPTING THEREFROM portion described as follows: BECInNINC at point in the North line of Palm Avenue, distant 125.57 feet Easterly from intersection of said North line of Pala Avenue with center line of main line tract of Main Line Tract of Southern Pacific Railway; thence North 170 00' East,being along the Easterly line of the Southern Pacific Railway Company property, a distance of 5.23 feet; thence North 89. 56' 30" East, parallel with the North line of Palm Avenue, a distance of 41.86 feet; thence South 00 03' 30" East, a distance of 5 feet to the North line of Palm Avenue; thence South 890 56' 30" West along the North line of Pala Avenue, a distance of 43.40 feet to beginning, as said excepted portion was conveyed to the County of San Bernardino for highway purposes, by deed recorded in Book 1452, page 98, Official Records. ALSO EXCEPTING THEREFROM the Easterly-1-1/2 acres. ALSO FXCEPTINC any portion of property lying West of center line of Front Street, as shown on said map of Crand Terrace, and any portion as may be included in the station grounds as indicated on said map. DOT 9. 1986 Muo&-t MW UWC1L AGEMRA 1TEiM 79S,B HUGH J. GRANT CITY OF GRAND TERRACE Mayor PARKS & RECREATION COMMITTEE MEETING �" Po Tom°N MONDAY, SEPTEMBER 8,1986 Coursed Members TONY PETTA DENNIS L EVANS MINUTES BARBARA PFENNIGHAUSEN SETH ARMSTEAD ESENT Chairman Louis Galvez, Barbara Conley, CJiyManager Chuck Percy, Ken Rinderhagen, Dick Rollins ABSENT Lenore Frost, Jason Otter, Dave Widor CITY STAFF PRESENT Randall Anstine, Renee McCarthy CALL TO ORDER 7 33 PM by Chairman Galvez ITEMS 1 Minutes of the August 4,1986 meeting were reviewed and upon a motion by Chuck Percy and seconded by Ken Rinderhagen approved by unanimous vote. 2. SNACKBAR--Block walls have been started Volunteer labor is desperately needed, very few are actually showing up to help. All Commissioners are working towards salving this problem Plumbing materials, cabinets and rocks for fill have been donated. Louis Galvez will attempt to attend Lil' Leagues next meeting. Still no involvement by Lil' League towards this project 3 TOUR de TERRACE--Flyers/posters have been and continue to be distributed Medals, trophies, pins and balloons all ordered. At next meeting their will be a handout for number of volunteers needed For various event day Functions and special meetings to that effect Decided that volunteers should be given a commemorative t-shirt to both distinguish them from riders and as a Thank You for their help Lt CHAMBER DAYS --Parks & Recreation will staff a free booth an September 28, 1986 for face painting of youths and Free literature handouts People Helpers' will also coordinate special games for the day. S. CHAMBER DAYS PARADE --Parks & Recreation will sponsor a float with Miss Liberty and other children dressed in appropriate ethnic costumes from around the world Children will paint a Flag For the side of the float All details will be handled by Renee McCarthy Meeting adjourned at 8 2S pm. Respectfully submitted, Barbara M Conley 22795 BARTON ROAD GRAND TERRACE, CA 92324-5295 1, r �.,1986 CITY OF GRAND_ TERRACE Civic Center — (714) 824-6621 Planning — Engineering — (714) 825-3825 UOT 9 - 1986 CITY OF GRAND TERRACE ypU�C1L" AG�I�1�A 1 & MIERGENCY OPERATIONS COMMITTEE MINUTES AUGUST 21, 1986 The meeting was called to order by Ed Luers, Chairman at 7:00 p.m. in the E.O.C. building. PRESENT: Ed Luers, Jim Hodder, J. Harold Tibbles, Eileen Hodder Vic Pfennighausen Ed Garcia (visitor) 22621 Robin Nay 783-2316 The committee reviewed our plan for information and details to consider in conjunction with the County and State Plans. Ne reviewed the chain of command following a disaster and will ge- guidance from the city staff for precise details. ELECTION OF COM1ITTEE OFFICERS CHAIRlMN — Jim Hodder was nominated by Vic Pfennighausen Nomination secanded by J. Harold Tibbles Unanimous vote in favor of nominee VICExCHAIMU N — J. Harold Tibbles was nomina ted by Vic Pfennighausen Nomination seconded by Jim Hodder Unanimous vote in favor of nominee SECRETARY — Eileen Hodder was nominated by Ed Luers Nomination seconded by J. Harold Tibbles Unanimous vote in favor of nominee The gas driven generator was operated for I hour carrying load. The neat meeting will be September 17, 1986 ---Z—&WAo C 44=W44.0 16✓1/96 Vic Pfennighausen, Secretary Approved Date DC ; 1986 C111 pF GRAND_ TERRACE C R A ITEM ( ) // COUNCIL ITEM (X3 AGENDA ITEM NO c0 DATE Oct. 3, 1986 e k s ► 7 �6-" METING DATE Oct. 9, 1986 SUBJECT REIMBURSEMENT AGREEMENT -- GAGE CANAL RIGHT-OF-WAY FUNDING REQUIRED X X NO FUNDING REQUIRED McMillin Development, Inc., has proposed to enter into an agreement whereby McMillin Development would advance the amount Gage Canal has agreed to convey the access easements and property. In exchange for this advance the City would agree to retain an appraiser to determine the true market value of the property and reimburse the McMillin Development company the appraised amount. In addition to reimbursement of any excess over the appraisal, the City agrees to approve Condition No. 4 of McMillin Properties CUP 85-8 which requires that legal access shall be provided across the Gage Canal to the satisfaction of the City. The City Council has at a prior meeting directed the City Attorney to proceed with condemnation proceedings to obtain the access across the Gage Canal. The City has expended over $15,000- in attorney and litigation guarantee fees and a condemnation proceeding could easily double that figure. The Council would need to appropriate an amount to hire an appraiser, as well as the amount needed to reimburse McMillin. It is unknown what an appraisal of the property or the value would cost. An appropriation of $15,000 should cover the cost of, the appraisal and the land. Any amount unused after the transaction would be returned to the unapprbpriated fund balance in the General Fund which has a balance of $300,000— STAFF RECOMMENDS: 1. COUNCIL EXECUTE THE ATTACHED REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND McMILLIN DEVELOPMENT. 2 COUNCIL APPROPRIATE $15,000 FOR GAGE CANAL APPRAISAL AND ACQUISITION OF THE RIGHT-OF-WAY. TS-bt c �RA FT rDISCUSSION pufoai%cd I REIMBURSEMENT AGREEMENT�'�' THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made this day of September, 1986 by and between McMILLIN DEVELOPMENT, INC., a California corporation ("McMillin") and the CITY OF GRAND TERRACE, A Public Agency of the State of California ("Grand Terrace") with respect to the following recitals: RECITALS A. Grand Terrace is required, pursuant to the General Plan Circulation Element, to (i) purchase or condemn an existing parcel of real property (the "Property") known as Parcel No. 275-251-43, containing approximately 2.43 acres, owned by the Gage Canal Company, a California corporation and (ii) to obtain certain access easements ("Access Easements") across the Gage Canal. Grand Terrace intends to use the Prop- erty as an extension of Canal Street. The Access Easements will be used to provide access to Canal Street for private properties. Grand Terrace and the Gage Canal Company have engaged in negotiations whereby the Gage Canal Company has agreed to convey the Access Easements and the Property to Grand Terrace for a total consideration of Thirty Thousand Dollars ($30,000.00). Grand Terrace, believing the Property to be worth less than $30,0001 has offered to have the Prop- erty independently appraised and to purchase it from the Gage Canal Company at its appraised value. The Gage Canal Company has not agreed to Grand Terrace's offer.__ - - -- -- J B. McMillin is the owner of that certain real property (the "McMillin Property") located in the City of Grand Terrace adjacent to the Property. The McMillin Prop- erty is subject to the conditions of that certain Conditions of Approval CUP 85-08, dated May 6, 1985 (the "CUP"). Condi- tion No. 4 of the CUP ("Condition No. 411) provides that "legal access shall be provided across the Gage Canal to the satisfaction of the City [of Grand Terrace]." C. McMillin has entered into an escrow (the _ "McMillin Escrow") with respect to the McMillin Property. As a contingency to the McMillin Escrow, Condition No. 4 must be satisfied. In order to expedite Grand Terrace's obtaining of the Access Easements and its purchase of the Property from the Gage Canal Company and to obtain Grand Terrace's approval of Condition No. 4, so that the McMillin Escrow may timely close, McMillin,is prepared to advance (the "Advance") Thirty Thousand Dollars ($30,000.00) to Grand Terrace to be used by Grand Terrace to pay to the Gage Canal Company as the consideration for the conveyance of the Access Easements and the Property all upon the terms and con- ditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual cove - pants and conditions contained herein, the parties hereto have agreed and do agree as follows: N MATTERS OF AGREEMENT 1. Representation and Warranties of Grand Terrace. (a) Authority of Grand Terrace. The execution of this Agreement by Grand Terrace, the delivery hereof by Grand Terrace to McMillin, Grand Terrace's performance hereunder, including without limitation, Grand Terrace's execution and delivery and performance under all other documents contemplated by this Agreement to be executed _ and delivered by Grand Terrace, and the transaction con- templated hereby have been duly authorized by all requisite action on the part of Grand Terrace. This Agreement has been, and all such other documents of Grand Terrace when received by McMillin shall have been, duly executed and delivered by Grand Terrace; and this Agreement is, and all such other documents when so received shall be, valid and binding obligations of Grand Terrace in accord- ance with their respective terms. (b) No Violation of Law or Other Agreements of Grand Terrace. The execution and delivery of this Agreement by Grand Terrace and the consummation of the transaction contemplated hereby will not result in a violation of any order or decree or result in the breach of any term or provision under any contract or agreement which Grand Terrace is at present a party, or by which it is bound. 2• Advance -by -McMillin: McMillin shall advance the amount of Thirty ThonaanA n- „ — __ Terrace concurrently with the execution of this Agreement to be used and held by Grand Terrace as hereinafter provided: (a) Approval of Condition No. 4. If Grand Terrace issues its approval (the "Approval") of Condi- tion No. 4, as evidenced by a City Council Resolution or other similar and binding order provided to McMillin, the Advance may be used by Grand Terrace to acquire the Property and the Access Easements from the Gage Canal Company. (b) Excess Advance Returned. If the cost of acquiring the Property and the Access Easements is less than Thirty Thousand Dollars ($30,000.00), Grand Terrace shall immediately return such excess amount to McMillin without interest. (c) Failure to Approve Condition No. 4. If Grand Terrace does not issue the Approval of Condition No. 4 by , 1986, then at the written request of McMillin, Grand Terrace shall immediately return the Advance to McMillin without interest and neither Grand Terrace nor McMillin shall have any further obligations or liabilities under this Agreement from the Gage Canal Company. 3, Real Estate Appraisal. Grand Terrace shall, within three business days from the execution of this Agree- ment, engage an independent real estate appraiser -(-the "Ap- praiser") -who" -shall be a member of the American Institute of Property and shall immediately provide McMillin with notice of its selection. Instructions shall be given to the Ap- praiser to have the Appraisal completed by no later than 1986. The selection of the Appraiser shall be subject to the reasonable approval of McMillin. If Grand Terrace fails to engage the Appraiser within such three business day period, McMillin may select an Appraiser in its sole reasonable discretion. Grand Terrace shall be responsi- ble for all costs and expenses associated with the Appraisal. 4. Reimbursement by Grand Terrace. If Grand Terrace has issued the Approval of Condition No. 4 and ac- quired the Property and the Access Easements pursuant to the provisions of Paragraph 2, Grand Terrace shall reimburse McMillin the full amount of the appraised value of the Prop- erty based on the highest and best use of the Property; pro- vided, however, that Grand Terrace shall not be required to reimburse McMillin more than the amount of the Advance. Such reimbursement shall be made by Grand Terrace to McMillin with- in five business days of Grand Terrace's acquisition of the Property and the Access Easements. McMillin shall accept the amount of the Appraisal as payment in full on the Advance. 5. Miscellaneous Provisions. (a) Attorney's Fees. If legal action is com- menced to enforce or to declare the effect of any provi- sion of this Agreement, the court as part of its judgment shall award reasonable attorneys' fees and costs to the - prevafling party.-_ y r (b) No Agency. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency or other business rela- tionship between them. (c) No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be con- sidered a waiver by such party of any other covenant, condition or promise hereunder. The waiver by either _ or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or identical act required to be performed at a later time. The exercise of any remedy provided by law and the provisions of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. (d) Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for convenience only and not intended to fully describe or define the provisions in the portions of this Agreement to which they pertain. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. (e) Counterparts. This Agreement may be exe- cuted in any manner of counterparts. Each such counter- N I but all such counterparts together shall constitute but one Agreement. (f) Survival. All covenants, agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement. (g) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. _ (h) Obligations Constitute Debt. The obliga- tion to reimburse McMillin for any amounts due under this Agreement shall at all times be a general obliga- tion of Grand Terrace. Any amounts required to be paid under this Agreement which are not paid when due shall bear interest at the maximum legal rate. (1) Amendments. No change in or addition to this Agreement or any part hereof shall be valid unless r in writing and signed by McMillin and Grand Terrace. (j) Governing Law. This Agreement shall be governed by the laws of the State of California. 7. Notices. No notice, request, demand, instruc- tion or other document to be given hereunder to any party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon 1 4 such delivery) or delivered by mail, sent by registered or certified mail, return receipt requested, as follows: If to McMillin, to: McMillin Development 2727 Hoover Avenue National City, CA 92050 Attn: John F. Musial If to Grand Terrace, to: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 192324 Attn: Notices so mailed shall be deemed to have been given 3 days after the deposit of same in any United States Post Office mailbox. The addresses and addressees, for the pur- pose of this Paragraph, may be changed by giving -written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address and addressee state by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue if effect for all pur- poses hereunder. e r IN WITNESS WHEREOF, this Agreement is executed by and between the parties hereto on the date first above written. "MCMILLIN" McMILLIN DEVELOPMENT, INC., a California corporation By Its - By Its "GRAND TERRACE" CITY OF GRAND TERRACE, a public agency of the State of California By Attest: Its By Its STAFF REPURT Date 10/6/86 C R A ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: 10/9/86 AGENDA ITEM NO. 6B SUBJECT: Resolution Opposing Reconfirmation of Justices Bird, Reynosa, and Grogin to the California Supreme Court FUNDING IS REQUIRED NO FUNDING IS REQUIRED XX Council, by a 3-2 vote (AYE votes by Matteson, Evans, Pfennighausen), approved the preparation of a Resolution opposing the reconfirmation of Chief Justice Bird and Associates Justices Reynosa and Grodin to the California Supreme Court. Those members supporting the Motion concurred their intent was that the Resolution be brought before Council,for approval of text. Staff Recommends Council: AFTER REVIEWING THE ATTACHED RESOLUTION, VOTE ON ITS ADOPTION AND DETERMINE ITS DISTRIBUTION. ID Enclosure v " -,'PENDING CITY,50 f RESOLUTION NO. COUNCIL APPROVAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OPPOSING RECONFIRMATION OF CHIEF JUSTICE BIRD AND ASSOCIATE JUSTICES REYNOSA AND GRODIN TO THE CALIFORNIA SUPREME COURT. WHEREAS, decisions rendered by our Supreme Court have tremendous impact on the health, safety, and welfare of our society, and WHEREAS, the City Council of the City of Grand Terrace opposes various decisions made by Chief Justice Rose Bird and Associate Justices Cruz Reynosa and Joseph Grodin, which resulted in reversals of lower court decisions; and WHEREAS, said City Council further feels such decisions reflect a leniency toward criminal justice that could place the health, safety, and welfare of our City, as well as the entire State of California, in jeopardy; NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby resolve as follows. Section 1. That the City Council of the City of Grand Terrace opposes the re --election of Chief Justice Bird and Associate Justices Reynosa and Grodin to the California Supreme Court. Section 2. That the City Clerk be directed to provide suitable copies of this Resolution to appropriate parties. ADOPTED this day of 1986. ATTEST. City Clerk of the City of Grand Mayor of the City of Grand Terrace Terrace and of the City Council and of the City Council thereof. thereof. I, ILENE DUGHMAN, 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 day of , 1986, by the following vote AYES• NOES ABSENT ABSTAIN Approved as to form City Clerk Ci ty Attorney i *TA C R A ITEM ( ) COUNCIL ITEM (X) AGENDA ITEM NO.IM / DATE October 2, 19 U T :5* MEETING DATE OCTOBER 9, 1986 SUBJECT REQUEST Fog PROPOSALS Fog ARcHITEcTuRALZENGiNEERiNG SERvicEs SCE Pico PARKSITE FUNDING REQUIRED X NO FUNDING REQUIRED IN LIGHT OF THE FACT THAT THE PARK LICENSE FOR THE SCE PICO 10-ACRE PARKSITE IS IN THE FINAL STAGES OF APPROVAL, STAFF FEELS THAT THE CITY SHOULD NOW START FINAL DESIGN OF THE SITE, AND PREPARE CONSTRUCT- ION DOCUMENTS. EFFECTIVE JANUARY 19871 THE EXISTING TENANT (MARYGOLD FARMS) WILL VACATE THE PROPERTY. SINCE THERE ARE SOME VERY SPECIFIC REQUIREMENTS THAT THE CITY WILL BE REQUIRED TO ADHERE T0, STAFF FEELS THAT NOW IS THE TIME TO OBTAIN THE SERVICES OF A QUALIFIED LANDSCAPE AND PARK ARCHITECT, SO THAT THESE SPECIFIC CONDITIONS CAN BE INCOR- PORATED INTO THE ACTUAL PROJECT, IN ADDITION TO ASCERTAINING EXACTLY WHAT THIS PROJECT IS GOING TO COST THE CITY, AT PRESENT, THE CITY OF GRAND TERRACE HAS AVAILABLE WITHIN THE PARK DEVELOPMENT FUND $38,200. GRANTING APPROVAL TO SOLICIT PROPOSALS FROM ARCHITECTS, WILL PROVIDE THE CITY WITH AN IDEA AS TO HOW MUCH WILL BE EXPENDED ON ARCHITECTURAL SERVICES, IN ADDITION, TO OBTAINING ESTIMATED CONSTRUCTION COST OF THE PARKSITE. STAFF RECOMMENDS THAT THE CITY COUNCIL APPROVE STAFF'S "REQUEST FOR PROPOSALS" FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE DESIGN OF THE SCE PICO PARKSITE, RLA e SUE NOREEN AREA MANAGER Southern California Edison Company P O BOX 788 RIALTO CALIFORNIA 92376 TELEPHONE (714) 820 5586 September 26, 1986 Seth Armstead City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Subiect Park License Dear Seth, The park license for the 10-acre parcel of land on Pico Street is now in the final stages of approval, exceptirg an unforeseen delav Z anticipate the formal agreement will be ready for presentation near mid -October, with a November 1, 1986, commencement date In order to assure the City's ability to begin the park development in a timely manner, the followiniz information and time schedules for completion are needed from you so that our Real Properties Department can complete the transfer of land use from Marvgold Farms to the City of Grand Terrace 1 Projected installation date of the fencing and maintenance gate around the well and pump site located on Pico Ave Plot play, and projected completion dates of the relocation of Marygold Farms' existing irrigation water lines and valves 3 Projected completion of exterior fencing of Dark site 4 If the Citv begins use of the site prior to Januarv, 1987, then a Letter of Release from Marvgold Farms will be required, stating that their crop loss has been reimbursed All of these above conditions were described in my letter of July 5, 1985 Seth Armstead -2- September 26, 1986 in addition, due to our liability requirements, our Risk Management Section will need to review a description of your Liability Insurance Pool, together with a list of its assets, liabilities and the amount of any outstanding claims If I can answer anv auestions, please feel free to give me a call NSN is cc Randy Anstine 5056 N >Pyy- Sincerely, Sue Noreen Order No , Escrow No \ Loan No 275-242-10 r. a=3", «,I a �EN `�t�CME6,MA�LJO,! IX`t'�d= ! la' C{Sj.✓` } ; �r = 1 ,, ' Grand Terrace, CA ,�', 92324 1 { 1 } , r r , 54 'to "W 1,(1, r P 1, 1 f \ SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO ' DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed OR Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dennis C. Stafford, almarried man, and William J. McKeever, a married man, each to an undivided 1/6 interest, and Darry L. Grable, a married man, and J.B. Karger, a married man as his sole and seperate property, each to an undivided 1/3 interest. hereby GRANT(S) to the City of Grand Terrace the real property in the City of Grand Terrace ` County of San Bernardino State of California, described as That portion of Lot 16, Tract No. 2966, as per map recorded in Book 40 of Maps, page 46 records of said County lying Southerly of a line that is parallel with and distant 17 00 feet Northerly of, measured at right angles to the Northerly line of said Lot 16 Contains 0.036 Acres, more or less. (1530.0 Sq Ft ) It is the express intention of this instrument to add an additional 17 00 feet of dedication to the Northerly side of Barton Road, creating a half right of way width of 50.00 feet adjoining the hereinabove described property. 0 r C Dated I STATE OF CARN COUNTY OF RECORDING REQUESTED BY — ' AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO Ir NAME STREET City of Grand Terrace Y's CITY' 22795 Barton Road CITY ZIP Grand Terrace CA L 92324 J Title Order No Escrow No GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ 0 computed on full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale Signature of Declarant or Agent Determining Tax Firm Name FOR VALUABLE CONSIDERATION, receipt of which Is acknowledged, I (We), James T Goode and Teresa E. Goode (Husband and Wife) (name of granlor(s) ) grant to The City of Grand Terrace , (name of grantees) ) all that real property situated in the City of Grand Terrace , (or in an unincorporated area of) San Bernardino County, California, (name of County) described as follows (insert legal description) That certain 50.00 foot strip of land lying Northerly of the centerline of Barton Road as shown on a record of survey filed in map book 57, page 18, records of San Bernardino County, California The Southerly line of said strip is the centerline of Barton Road as shown on said record of survey. Said strip of land falls entirely within the follow- ing described parcel. (see sheet N2) continued Assessor's parcel No 2 7 5- 2 2 3 -16 Executed on September 23 , jg 86 , at STATE OF CALIFORNIA COUNTY OF San Bernardino San Bernardino,California (City and State) Ave--, / �6 ss `eelJ,�r�Q On this 23rdday of Septemberin the year 1916— before me the undersigned a Notary Public In and for said State, personally appeared James T. Goode and Teresa E. Goode , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persori_B whose names are subscribed to the within Instrument, and acknowl edged to me that t he-t executed it (orrirlft -;FAQ UOAN GALLOWAY NOTARY PUBLIC CALIFORNIA Portion of Block "I", GRAND TERRACE TRACT, in the County of San Bernardino, State of California, as shown by map thereof, as per plat recorded in Book 1 of Maps, page 33, records of said County, described as follows: BEGINNING at a point on the Westerly line of Grand Avenue, 379.49 feet Southerly from the Northeast corner of the Southerly 8.04 acres of Block "I", said point being the Southeast corner of the property conveyed to Clifford L. Davis, et ux, by deed recorded February 11 1940, in Book 13811 page 486, Official Records; thence Southerly along the West line of said Crand Avenue, 357.11 feet to the North line of Palm Avenue; thence West along Palm Avenue to a point 120 feet Easterly, measured at right angles from the center line of the Southern Pacific Railway right of way; thence Northeasterly parallel to said center line, 100 feet; thence Northwesterly at right angles to said railway right of way, 100 feet to point on the Southeast line of said right of way; thence Northeasterly along said right of way to point due West of Point of Beginning, said point being the Southwest corner of the property conveyed to Davis above referred to; thence East to the Point of Beginning. EXCEPTING THEREFROM portion described as follows: BECInNINC at point in the North line of Palm Avenue, distant 125.57 feet Easterly from intersection of said North line of Palm Avenue with center line of main line tract of Alain Line Tract of Southern Pacific Railway; thence North 170 00' East, being along the Easterly line of the Southern Pacific Railway Company property, a distance of 5.23 feet; thence North 89. 56' 30" East, parallel with the north line of Palm Avenue, a distance of 41.86 feet; thence South 00 03' 30" East, a distance of 5 feet to the North line of Palm Avenue; thence South 890 56' 30" West along the North line of Pala Avenue, a distance of 43.40 feet to beginninq, as said excepted portion was conveyed to the County of San Bernardino for highway purposes, by deed recorded in Book 1452, page 98, Official Records. ALSO EXCEPTING THEREFROM the Easterly-1-1/2 acres. ALSO FXCEPTINC any portion of property lying West of center line of Front Street, as shown on said map of Crand Terrace, and any portion as may be included in the station grounds as indicated on said map. Order No Escrow No Loan No 1 275-242-09 t,i ly s +r` e' WF�ENI��RECORDEDMMAILIJO'� , t . <'' <<.s a .�ra f < arc, ," rc. ,' -Ill, y,r��CityofGrand Terrace; T ! 144' ; 22195'Barton4 Road r� quo „ »1n Grand` Terrace,,, CA`'192324 51 MAIL TAX STATEMENTS TO ' SPACE ABOVE THIS LINE FOR RECORDER S USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed, OR Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Zandbergen, an unmarried man, as his sole and separate property hereby GRANT(S) to The City of Grand Terrace the real property in the City of Grand Terrace County of San Bernardino , State of California, described as That portion of Lot 15 of Tract No. 2966, as per Plat recorded in Book 40, of Maps, page 46 records of said County lying Southerly of a line that is parallel with and distant 17.00 feet Northerly of, measured at right angles to the Southerly line of Said Lot 15. Contains 0.035 Acres, more or less. (1530.0 sq. ft.) It is the express intention of this instrument to add an additional 17.00 feet of dedication to the Northerly side of Barton Road, creating a half right of way width of 50.00 feet adjoining the hereinabove described property. J Dated August 22, 1986 - I STATE OF CALIFgRNIABernardino lea COUNTY OF I Srl A ItAFT FOR DISCUSSION ftj��1d a REIMBURSEMENT AGREEMENT�'�'� THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made this day of September, 1986 by and between McMILLIN DEVELOPMENT, INC., a California corporation ("McMillin") and the CITY OF GRAND TERRACE, A Public Agency of the State of California ("Grand Terrace") with respect to the following recitals: RECITALS A. Grand Terrace is required, pursuant to the General Plan Circulation Element, to (1) purchase or condemn an existing parcel of real property (the "Property") known as Parcel No. 275-251-43, containing approximately 2.43 acres, owned by the Gage Canal Company, a California corporation and (ii) to obtain certain access easements ("Access Easements") across the Gage Canal. Grand Terrace intends to use the Prop- erty as an extension of Canal Street. The Access Easements will be used to provide access to Canal Street for private properties. Grand Terrace and the Gage Canal Company have engaged in negotiations whereby the Gage Canal Company has agreed to convey the Access Easements and the Property to Grand Terrace for a total consideration of Thirty Thousand Dollars ($30,000.00). Grand Terrace, believing the Property to be worth less than $30,000, has offered to have the Prop- erty independently appraised and to purchase it from the Gage Canal Company at its appraised value. The Gage Canal Company I has not agreed to Grand Terrace's offer-.-- -- - ------ s-- -- B. McMillin is the owner of that certain real property (the "McMillin Property") located in the City of Grand Terrace adjacent to the Property. The McMillin Prop- erty is subject to the conditions of that certain Conditions of Approval CUP 85-08, dated May 6, 1985 (the "CUP"). Condi- tion No. 4 of the CUP ("Condition No. 4") provides that "legal access shall be provided across the Gage Canal to the satisfaction of the City [of Grand Terrace]." C. McMillin has entered into an escrow (the _ "McMillin Escrow") with respect to the McMillin Property. As a contingency to the McMillin Escrow, Condition No. 4 must be satisfied. In order to expedite Grand Terrace's obtaining of the Access Easements and its purchase of the Property from the Gage Canal Company and to obtain Grand Terrace's approval of Condition No. 41 so that the McMillin Escrow may timely close, McMillin,is prepared to advance (the "Advance") Thirty Thousand Dollars ($30,000.00) to Grand Terrace to be used by Grand Terrace to pay to the Gage Canal Company as the consideration for the conveyance of the Access Easements and the Property all upon the terms and con- ditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual cove- nants and conditions contained herein, the parties hereto have agreed and do agree as follows: MATTERS OF AGREEMENT 1. Representation and Warranties of Grand Terrace. (a) Authority of Grand Terrace. The execution of this Agreement by Grand Terrace, the delivery hereof by Grand Terrace to McMillin, Grand Terrace's performance hereunder, including without limitation, Grand Terrace's execution and delivery and performance under all other documents contemplated by this Agreement to be executed _ and delivered by Grand Terrace, and the transaction con- templated hereby have been duly authorized by all requisite action on the part of Grand Terrace. This Agreement has been, and all such other documents of Grand Terrace when received by McMillin shall have been, duly executed and delivered by Grand Terrace; and this Agreement is, and all such other documents when so received shall be, valid and binding obligations of Grand Terrace in accord- ance with their respective terms. (b) No Violation of Law or Other Agreements of Grand Terrace. The execution and delivery of this Agreement by Grand Terrace and the consummation of the transaction contemplated hereby will not result in a violation of any order or decree or result in the breach of any term or provision under any contract or agreement which Grand Terrace is at present a party, or by which it is bound. 2. Advance by McMillin.- McMillin shall advance the amount of Thirty ThrntaanA n-„___ .��_ Terrace concurrently with the execution of this Agreement to be used and held by Grand Terrace as hereinafter provided: (a) Approval of Condition No. 4. If Grand Terrace issues its approval (the "Approval") of Condi- tion No. 4, as evidenced by a City Council Resolution or other similar and binding order provided to McMillin, the Advance may be used by Grand Terrace to acquire the Property and the Access Easements from the Gage Canal Company. , (b) Excess Advance Returned. If the cost of acquiring the Property and the Access Easements is less than Thirty Thousand Dollars ($30,000.00), Grand Terrace shall immediately return such excess amount to McMillin without interest. (c) Failure to Approve Condition No. 4. If Grand Terrace does not issue the Approval of Condition No. 4 by , 1986, then at the written request of McMillin, Grand Terrace shall immediately return the Advance to McMillin without interest and neither Grand Terrace nor McMillin shall have any further obligations or liabilities under this Agreement from the Gage Canal Company. 3, Real Estate Appraisal. Grand Terrace shall, within three business days from the execution of this Agree - meet, engage an independent real estate appraiser _(_the -"Ap- praiser") who shall be a member of the American Institute of r Property and shall immediately provide McMillin with notice of its selection. Instructions shall be given to the Ap- praiser to have the Appraisal completed by no later than 1986. The selection of the Appraiser shall be subject to the reasonable approval of McMillin. If Grand Terrace fails to engage the Appraiser within such three business day period, McMillin may select an Appraiser in its sole reasonable discretion. Grand Terrace shall be responsi- ble for all costs and expenses associated with the Appraisal. 4. Reimbursement by Grand Terrace. If Grand Terrace has issued the Approval of Condition No. 4 and ac- quired the Property and the Access Easements pursuant to the provisions of Paragraph 2, Grand Terrace shall reimburse McMillin the full amount of the appraised value of the Prop- erty based on the highest and best use of the Property; pro- vided, however, that Grand Terrace shall not be required to reimburse McMillin more than the amount of the Advance. Such reimbursement shall be made by Grand Terrace to McMillin with- in five business days of Grand Terrace's acquisition of the Property and the Access Easements. McMillin shall accept the amount of the Appraisal as payment in full on the Advance. 5. Miscellaneous Provisions. (a) Attorney's Fees. If legal action is com- menced to enforce or to declare the effect of any provi- sion of this Agreement, the court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 0 (b) No Agency. The parties hereto are acting \ as independent entities and this Agreement shall not constitute a partnership, agency or other business rela- tionship between them. (c) No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be con- sidered a waiver by such party of any other covenant, condition or promise hereunder. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or identical act required to be performed at a later time. The exercise of any remedy provided by law and the provisions of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. (d) Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for convenience only and not intended to fully describe or define the provisions in the portions of this Agreement to which they pertain. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. (e) Counterparts. This -Agreement may be exe- cuted in any manner of counterparts. Each such counter- but all such counterparts together shall constitute but one Agreement. (f) Survival. All covenants, agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement. (g) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. _ (h) Obligations Constitute Debt. The obliga- tion to reimburse McMillin for any amounts due under this Agreement shall at all times be a general obliga- tion of Grand Terrace. Any amounts required to be paid under this Agreement which are not paid when due shall bear interest at the maximum legal rate. (1) Amendments. No change in or addition to this Agreement or any part hereof shall be valid unless in writing and signed by McMillin and Grand Terrace. (j) Governing Law. This Agreement shall be governed by the laws of the State of California. 7. Notices. No notice, request, demand, instruc- tion or other document to be given hereunder to any party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon I J such delivery) or delivered by mail, sent by registered or certified mail, return receipt requested, as follows: If to McMillin, to: McMillin Development 2727 Hoover Avenue National City, CA 92050 Attn: John F. Musial If to Grand Terrace, to: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 192324 Attn: Notices so mailed shall be deemed to have been given 3 days after the deposit of same in any United States Post Office mailbox. The addresses and addressees, for the pur- pose of this Paragraph, may be changed by giving -written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address and addressee state by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue if effect for all pur- poses hereunder. IN WITNESS WHEREOF, this Agreement is executed by and between the parties hereto on the date first above written. "MCMILLIN" MCMILLIN DEVELOPMENT, INC., a California corporation By Its By Its "GRAND TERRACE" CITY OF GRAND TERRACE, a public agency of the State of California By Attest: Its By Its