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10-23-1986CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road * Call to Order * Invocation - Pastor Ray Williams, Grand View Baptist Church * Pledge of Allegiance * Roll Call October 23, 1986 5.30 P.M. Staff CONVENE COMMUNITY REDEVELOPMENT AGENCY Recommendations Council Action 1. Approval of Minutes 10/9/86 Approve 2. Approval of Check Register No. CRA102386 Approve 3. November/December Meeting Dates ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Add/Delete 2. 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. 102386 B. Ratify 10/23/86'CRA Action Approve C. Waive Full Reading of Ordinances on Agenda Approve D. Approve 10/9/86 Minutes Approve E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Approve OF GRAND TERRACE, CA, APPROVING THE APPLICA- TION FOR 1986 STATE GRANT MONIES UNDER THE PROVISIONS OF THE COMMUNITY PARKLANDS ACT OF 1986. (Pico Parksite Development) PLEASE DO NOT PFMOVE COUNTER COPY F M INFORC1ATION COUNTER. THANK YOU, 1 COUNCIL AGENDA 10/23/86 -- Page 2 of 2 13. PUBLIC PARTICIPATION 4. ORAL REPORTS i 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 (1) November/December Meeting Dates f5. UNFINISHED BUSINESS A. Barton Road Widening Project B. Gage Canal Right--of--Way Reimbursement Agreement - McMillin Development IADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETINGS WILL BE HELD THURSDAY, NOVEMBER 13, 1986, AT 5.30 P.M. AGENDA ITEM REQUESTS FOR THE 11/13/86 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY 12 00 NOON ON 11/5/86. Staff Recommendations Council Action WYK- t CITY OF GRAND TERRACE r COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING — OCTOBER 9, 1986 1 OCT 2 3 1986 CRA AGENDA Fi EMI NO, 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 October 9, 1986, at 5:30 p.m. PRESENT: Hugh J. Grant, Chairman Byron Matteson, Vice Chairman Tony Petta _ Baroara Pfennighausen Dennis L. Evans Seth Armstead, Executive Director Thomas J. Schwab, Treasurer Ivan Hopkins, Attorney Ilene Dughman, Secretary ABSENT: NONE APPROVAL OF MINUTES (9/25/86) CRA-86-45 Motion by Mr. Evans, Second by Mrs. Pfennighausen, ALL AYES, to approve the Minutes of September 25, 1986, as presented. APPROVAL OF CHECK REGISTER NO. CRA100986 CRA-86-46 Motion by Vice Chairman Matteson, Second by Mrs. Pfennighausen, ALL AYES, to approve Check Register No. CRA100986, as submitted. Adjourned at 5 34 p.m. The next regular meeting will be held uiT r� October 23, 1986, at 5.30 p.m. Respectfully submitted, Secretary APPROVED Chairman ACT -j .q 1986 COMMUNITY REDEVELOPMENT AGENCY CRA AGYi,-0A 11 CIA Na. ,2 CITY OF GRAND TERRACE OCT 23, 1986 CHECK REGISTER NO.CRA102386 CHECK NUMBER OUTSTANDING DEMANDS AS OF OCT. 23, 1986 (1) 16346 BONADIMAN-McCAIN, INC. PROGRESS PAYMENT ON VIVIENDA BRIDGE PROJECT $ 815 73 (2) 16358 DENNIS EVANS STIPENDS FOR OCT , 1986 150 00 (3) 16360 HUGH GRANT STIPENDS FOR OCT., 1986 150 00 (4) 16364 KICAK AND ASSOCIATES ENGINEERING SERVICES FOR 9/29-11/12/86 VIVIENDA BRIDGE PROJECT 586 75 (5) 16368 BYRON MATTESON SIPENDS FOR OCT., 1986 150 00 (6) 16370 MORELAND AND ASSOCIATES AUDIT FOR F/Y 1985/1986 300 00 (7) 16377 ANTHONY PETTA STIPENDS FOR OCT., 1986 134 33 (8) 16378 BARBARA PFENNIGHAUSEN STIPENDS FOR OCT., 1986 150.00 $2,436 81 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 CRA. THOMAS SCHWAB TREASURER STAFF REPURT Date 10/14/86 C R A ITEM (xx) COUNCIL ITEM Nx) MEETING DATE: 10/23/86 AGENDA ITEM NO. CRA--3 — Council 4L(1) SUBJECT: CRA/Council Meetings for Novemoer & December FUNDING IS REQUIRED NO FUNDING IS REQUIRED XX Due to upcoming holidays, CRA/Council may wish to reschedule November and December meetings. It is established, by Resolution, that when regularly scheduled meetings fall on legal holidays, those meetings shall be held on the next succeeding Thursdays. Thanksgiving, Nov. 27, and Christmas, Dec. 25, are both regularly scheduled meetings days, and the Thursday following December 25 is also a City holiday. Also to be considered is an Adjourned Regular meeting to be held on a Tuesday following the November 4 Election to present the Resolution reciting the official results and swear in the newly elected Council Members. Since we consolidate with the Statewide Election, the County does the canvassing and is allowed 28 days, however, they will strive to have the Board of Supervisors Certify the Election on November 17. The City Clerk anticipates Council can schedule an Adjourned meeting for November 18 to accomplish this and, should the County run into problems, adjourn that meeting to November 25. (The reason for holding the meeting on a Tuesday is the Election Code states this is to be done on the first Tuesday following the Election and, since it has not as yet been modified to provide for consolidated municipal elections, the affected cities will conduct this meeting either the first possible Tuesday following the Election or December 2nd ) Last year Council requested only one meeting in December due to the busy holiday season. NOVEMBER Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 7 8 9 10 *11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 *27 *28 29 30 *Approved City Holidays Staff Recommends DECEMBER Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 *24 *25 26 27 28 29 30 *31 CRA/COUNCIL CANCEL THE REGULARLY SCHEDULED MEETINGS OF NOVEMBER 13, 27, & DECEMBER 25, AND RESCHEDULE THE NOVEMBER MEETINGS TO BE HELD NOVEMBER 6 AND NOVEMBER 18 (OR NOVEMBER 25 IF NECESSARY BASED UPON ABILITY TO CERTIFY ELECTION). ID VOCHREGR PENDING CfTY CITY OF GRAND TERRACE OCT 23 1986 POPNOiL AgEllbA IT�'�,2 o 2,o9 PAGE 1 DATE 10/16/86 COUNCIL APPROVAL VOUCHER/WARRANT REGISTER CHECK REGISTER NO 102386 ?" vnt€rHER I VENDOR COUNCIL �1JVENDORVI`►L. ; TEM UEN WARRAh WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT P4710 6:Z2-n S1L-CA.EALSnN-C ANY C-ASk1-RAY.lgi395GE 28.69 28r69 _. P4711 6730 SO.CA.GAS COMPANY CASH PAY.10/39SCG 26.29 26.29 P4712 6531 SHERIFF FLOYD TIDWELL LAW ENFORCE910/86 " 46,345.00 P4711 6720 Sn CA EOISOCASH PAY.10/69SCE 17A.AA` 170.00 P4714 6730 SO.CA.GAS COMPANY CASH PAY.10/69SCG 17.91 17.91 P4715 6720 SO.CA.EDISON COMPANY' CASH PAY.10/7,SCE ' , '21.53' 21.53 P471t, 6720 Sn-CA Fn1SnN COMPANY CASH PAY.s101995CE ^` "' 41.70'•'h~ 41.70 P4717 PRINCITON PLAYTHINGS MCGRUFF DOLLS(9) 78.48 78.48 P4718 6629 =' SECURITY PACIFIC NAT.BANK J RENT PAGER 8/86 /' 9342 RENT PAGER 8/86•' 93..42 : 186.84 P4719 6720 SO.CA.EDISON COMPANY CASH PAY.10/139SCE 94.05 94.05 P4720 6730 Sn.CA.GAS Ct1MPANY CASH PAY-1n/13.SCr 47 60 47.60- " P4721 6730 SO.CA.GAS COMPANY CASH PAY.10/14PSCG 21.12 H'W; 21.12 P4722 6720 SO.CA.EDISON COMPANY CASH PAY.10/159SCE 21.01 21.01 P4723 6730 Sn.CA.GAS CnMPANY CASH PAY, 1n/15.SCG 21-97 23 92 P4724 1134 ALL PRO CONSTRUCTION ST.REPAIR,PRESTON/PALM 20,000.00 rnY'3> " ST.RFPAiR*PAt M w n«. ;> ' 22 s804 OQ 16333 HAROLD RICE W.W.D.REFUNDgRICE 7.00 7.00 16334 ROBERT ROACH W.W.O.REFUND,ROACH ` ` €t _ r:91 r•�,','<'`s r .91 16335 PACIFIC FAR WEST STATES W.W.n-RFFnNn,PFWST i `21.00 21 QO 16336 ALAN P PAUWgINC. W.W.D.RFUNO,PAUW 10.29 10.29 16337 HENRY COHN n W.W.D.REFUNDgCOHN "f 7.00=° "'3 �' 7.00 16138 MnnFRN MATERIALS W-WWII-REFUND MOD.MATERIalS " ^744.72 ^t 7A4 �72 16339 DAVID JACOBS W.W.D.REFUNDgJACOBS 9.80 9.80 16340 DAVID DRISKILL W.W.D.REFUND,DRISKILL 9.80 " r._ > 9.80 16341 CONNIE TARFR W. R 11 Ao 13 89 16342 1166 RANDALL ANSTINE LOCAL MILEAGErANSTINE 20.25 20.25 VOCHREGR CITY OF GRAND TERRACE PAGE 2 )ATE 10/16/86 VOUCHER/WARRANT REGISTER "Bt WER/-VENDOR, VENDOR - 1-TE#---r;-EA WA - BRAN --WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT s = , L343 D MEET.GE-RR44 SfS/-A 3A.75 MEET.LAKEWOOD,S/A. 28.00 LOCAL MILEAGES/A 7.50 70.25 16344 1360 BASTANCHURY BOTTLED WATER BOTTLED WATER C/C,10/15 19.00 , 19,00 --�1634 5 1365 R A V L C4c c T A T i n= E R c o F F-I-G"Al R-P L I F S " J9.0-a 9 03 16346 1450 " BONADIMAN-MCCAIN,INC. PROGRESS PAY.B/M,VIV.BRIDGE 815.73 815.73 16347 1666 CA MUNICIPAL TREASURERS ASSOC. CMTA 86 HANDBOOK <•k 16.00 16,00 -16-348 1711 CA, rmORNrAg STATelpF�� 1 iGm:r,S'215/RADT A!A/. _"�•&_ s 1L(1 AAA s �60.�8 16349 1725 NORMAN T. CAOUETTE CAOUETTE910/6/86 25.00 25.00 16350 1748 CONSTANCE CHAPMAN, " CLEAN PARK R/R'V('4'DAYS) Z 80.00 =5' ''f. 80.00 16351 1750 r H J MATERIALS LABORATORY SOii TEST/_.BART AD � ` •" " '1,600.00 14600.00 16352 1798 GERALD COLE COLE, 10/6/86 25.00 25.00 16353 1840 COLTON, CITY OF W.W.D.SERYICES,10/8619�783.20 ` 19083.20 16354 185n COITON COURIERCf18.006TON COlJR.86l87 12.00`` i2.00 16355 1875 COMPLETE BUSINESS SYSTEMS REPLACE DRUM,COPIER 393.26 r£ 16356 1972 DEFERRED COMPENSATION FUND D/G,LUNT 915I86= ^ 58.77 '- w ' 58.77 16357 2042 DICKSON CO.OF INLAND EMPIRE STREET SWEEP99/30/86 357.25 357.25 635R 22-7-8 nFN%i1�1� EYANS- FVAN S 114R �' ^yb i0.00 y a .. EVANS,10/86 " " 150.00 ~'? ,„300.00 F R. W-SMITH 44A" n€ G9 R.A TTON S 32.4 7 HALLOWEEN DECORATIONS 2.39 34.86 1b360 2--50 IH41 &W-GRANT 150.00 GRANT,10/86 s „„ <s 150.00 300.00 k "$ Mry£ -16361 3151 STAN EY HARGRAVE !#ARGRAVE11016/86y 2§.00.00 16362 i 3155 JERRY HAWKINSON HAWKINSON910/6/86 25.00 25.00 16363 3163 HEALTH NET MED.INS.11/86 164.22 `s, „w x ' MED.INS.11/86 246.33 £ qE-D�1NS.�1141% -42,52 - MED.INS.11/86 246.33 MED.INS.B.P./PETTA 232.11 19181.51 VOCHREGR CITY OF GRAND TERRACE PAGE 3 DATE 10216/86 VOUCHER/WARRANT REGISTER RAN --- WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT 16164 n KICAK f ASSOCIATES rk, FD1G� 12186 586.75 586,75 _ _. 16365 4164 K MART #4432 SAFETY BOOTS,MAINT. 76.26 76.26 16366 4370 LELAND NURSERY SHRUBS,PARK ti 14.31 14.31 10/6/86 :' 16368 4658 BfRON MATTESON MATTESON910/86 25.00 150.00 23.00 LLESODlt10486 - 40--- 16369 4700 RAY MUNSON MUNSON 10/b/86 w.<; 25.00 , 25.00 16370 4715 MORELAND 6 ASSOCIATES,INC. PART.PAY.AUDIT,86/87 1,584.40 AUDIT FY 85/86 300.00 19884.40 16371 4718 MORGAN AND, FRANZ � LIFE INSURANCE 11/86 LIFE INSURANCE 11/86 I TEE NCF 11/8 21.75 LIFE INSURANCE 11/86 21.75 79.75 RILSS_ClJARD.9/72-in11 17- '�n ,» �� 16373 5527 THOMAS B. PAGE PARK CLEAN-UP,9/86 ' 112.0' 112.00 ' ,;XN'b y5��' Y n 16374 5529 PACIFIC BELL COMP.PHONE 7.89 COMP.PHONE PAY PHONIC/C 7.B9 26.09 PAY PHONE,C/C ,- , ° " _ _ ^='32.24 y <'= 74.11 f ER.76LAA ry 7R'DQ=s RENT PAGER910/86 29.00 58.00 16176 5545 P T13A ENTERPRISES HA -Li nWFFNEl YFRS 175 13 175.11 16377 5565 ANTHONY PETTA PETTA, 10/86 134.33 ` .Fa y; ` 3 s y 134.33 16378 5576 BARBARA PFENNIGHAUSEN PFENNIGHAUSEN910/86 67.89 PFENNIGHAUSEN910/86 150.00 217.89 16379 5581 PETTY CASH REIMB.PETTY CASHa< I REIMB.PETTY CASH` r 16.94 RFTMR-PETTY CASH k 11 72 REIMB.PETTY CASH 21.94 `) REIMB.PETTY CASH 4.41 RFTMB_PFTTY CASH 4 9A REIMB.PETTY CASH z= 32.27 REIMB.PETTY CASH 14.31 a0TMFTTy REIMB.PETTY CASH 45.61 9 178.86 '� 16380 6285 RLy-ERSIDE HIGHL.ANIl_-WA1.ER_.00_- WALER,.E.LRF STALLON 171 gl CITY OF GRAND TERRACE PAGE 4 DATA 0/10/16/86 VOCH VOUCHER/WARRANT REGISTER DAT E-M , T M}A RfIkN '�nlyG}#ER�- AMOUNT WARRANT NUMBER NUMBER NAME DESCRIPTION AMOUNT ------ 4J. 380 6 2-8 5 R-I_V_E-R-S-l-D—#I-GH6A N8-41 ACE R—GB 4A T E R—G /-G . BL-DGS — - WATER,MT.V/ARLISS 38.24 WATER,BART/PALM 42.52 ---R-." T€R *4?" A w TO TAI!7.93.00f T t 16381 bL`1C KIYCKJ1Uc .71nar anv " —-- - - RAINT-CUR 16382 6531 SHERIFF FLOYD TIDWELL O/T SHERIFF97/86-9/86 1,276.80 1,276.80 — 16383 6655 SIGNAL MAINTENANCE INC. SIG.MAINT.(3}>9/86` ` ;%- -219.x s 69 , 669.08 r REPAIR SIG.L"IGHTS> y a'449. 16384 6682 SOUTH COAST RUBBER STAMPS PRE —INKED STAMP 27.92 31.95 59.87 DATE STAMP 16385 6720 SO.CA.EDISON COMPANY ;; 2 LIGHTS,PARK 25.06 " x ELEC.BART/VIV -5•gl `240.76El �� _�� 16386 6730 SO.CA.GAS COMPANY GA59CITY BLDGS9(3) 30.73 6 7 95 � a 'AS , CI-V-I-C_ C bI T F R l 16387 6844 THE SUN ,` k LEGAL AD z q Y . a s£ K' PF 39,00 _ ., 'I 16388 7309 UNION OIL CO.OF CALIFORNIA GAS,CITY TRUCK 54.12 54.12 1 16389 7553 FRAN VAN GELDER - , VAN GELDER ,10/6/86. r°' 25.00 r s <-I w, ' 25.00 5 b D_TAl CHECKS [ -, 4_ f s s Y UI I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY s THOMAS SCHWAB F_ FINANCE DIRECTOR i PEN[MG MY COUNCIL APPROVAL CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING -- OCTOBER 9, 1986 OCT 2 3 1986 Nr,.1L ACtENDA ffEM ,2 �- A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 25, 1986, at 5.34 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 Ilene Dughman, City Clerk ABSENT NONE The meeting was opened with invocation by Steve Wyrick, Professor of Full Testament, California Baptist College, Riverside, followed by the Pledge of Allegiance, led by Councilman Petta. SPECIAL PRESENTATIONS Certificate of Service -- Sanford L. Collins Mayor Grant read and presented a Certificate of Service to Sanford L. Collins for his outstanding service and contributions to the City while serving as Planning Commissioner. Resolution of Support -- Fourth Annual Wildlife West Festival November 22-23, 1 Mayor Grant read above Resolution supporting the Fourth Annual Wildlife West Festival, November 22--23, 1986, to be held at the San Bernardino County Museum in Redlands. Will be forwarded to Dr. Allan D. Griesemer, Director of the Museum. Proclamation - Crime Prevention Month, October 1986 Mayor Grant read the Crime Prevention Proclamation and presented it to Sharon Korgan, Community Service Officer. Ms. Korgan thanked Council and distributed pins and red bows to members to signify "Red Ribbon Week," October 27 -- November 3, 1986, initiated by the Governor to stamp out drugs in conjunction with Crime Prevention Month. s J Council Minutes - 10/9/86 Page 2 Resolution of Appreciation to City of Grand Terrace on the Occasion of outhern California Edison s Centennia Sue Noreen, SCE Area Manager, read and presented a Resolution of Appreciation to the Council commemorating 100 years of service. CONSENT CALENDAR Item 3D, Approval of the 9/13/86 Minutes, was removed for discussion. CC-86-245 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, to approve the following Consent Calendar items* A. Approve Check Register No. 100986; B. Ratify 10/9/86 CRA Action, C. Waive Full Reading of Ordinances on Agenda, E. Approve 9/25/86 Minutes, F. Accept and Authorize Recordation of the following Grant Deeds for Barton Road Rights -of -Way Robert Zandbergen, AP #275--242--09, Dennis Stafford and Darry L. Grable, et al, AP #275--242--10, G. Accept and Authorize Recordation of Grant Deed for Right--of--Way -- Barton Road Business Park, (Goode), AP #275-223--16. APPROVAL OF 9/13/86 MINUTES CC--86--246 Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, ALL AYES, to approve the Minutes of September 13, 1986, as amended, adding, prior to Motion No. CC--86--236, additional workshop discussion referencing necessity to explore alternatives to alleviate the existing Barton Road on and off ramp congestion anticipated to escalate with future development. PUBLIC PARTICIPATION Louis S. Contreras, 12652 Mirada, voiced concern and requested that Council not adopt a proposed Resolution appearing on the Agenda opposing reconfirmation of California Supreme Court Justices (See Page 10). Noted a Press Enterprise news article which caused ridiculing remarks by citizens who objected to Council attempting to dictate or mandate position of the entire City. Realized that was not Council's intent, however, felt the City faces a serious situation, not only with respect to its reputation, but more importantly the setting of precedent. Concerned ramifications of such action far outweigh any benefits derived. Mary Robinson, 22631 Minona Drive (1) Requested status of the water rate issue, (2) Voiced support of proposed Resolution opposing reconfirmation of California Supreme Court Justices (See Page 10). Council Minutes - 10/9/86 Page 3 Riverside Highland Water Rate Increase Finance Director Schwab advised, subsequent to Council's prior direction that Staff continue to work with Riverside Highland Water Company in a cooperative effort to reduce rates, that the Company is preparing an application for Clean Water Bond Act funding for submission in January, which, if approved, could only be a long term solution. Mayor Pro Tem Matteson, referencing his and the Mayor's discussion with members of the Grand Jury at the last meeting and their suggestion that LAFCO be contacted for assistance, was advised LAFCO has no jurisdiction over mutual water companies, pursuant to their suggestion to create a Special District, found that was not feasible since many of the stockholders live outside the City limits. City Attorney Hopkins advised the City could literally be the governing body of a Subsidiary District, however, financing the purchase of the water company could be cost prohibitive. City Manager Armstead, referencing contact by the Special District, related an alternative suggested of placing the question of purchasing the water company (for which citizens would be taxed) on the ballot, also noted recent doubling of water and sewer rates in the City of Redlands. City Attorney Hopkins, relative to placing the matter on the ballot and presuming Council's willingness to exercise eminent domain powers, noted potential financial constraints involved due to the requirement of depositing a considerable sum with the Court. Responding to Councilman Petta's concerns, City Engineer Kicak clarified that pressure test failures have caused the need for the Water Company to re -excavate the streets after waterline installations. Sanford Collins, 22697 Brentwood, relative to acquiring financing, understands several owners of undevelopable land within the City have returned their shares to the Water Company and, therefore, have not paid any water bills for some time, recommended investigation to ascertain how much has not been paid. Mayor Pro Tem Matteson, indicating he assumed Mr. Collins was suggesting the City purchase those shares, noted it would be an expensive proposition, in view of the increased cost per share. Donald R. Ihrig, 11872 Eaton Drive, noted traffic hazard at I-215 freeway off -ramp entering Barton Road eastbound, suggested requesting CALTRANS to install a sign at the approach indicating entrance to a new line of traffic. Voiced concern with condition of portions of Barton Road and lack of centerline marking creating a traffic hazard. ORAL REPORTS PLANNING COMMMISSION REPORT - Minutes of the September 8 and 15, 1986 meetings were prove e . Council Minutes - 10/9/86 Page 4 PARKS AND RECREATION COMMITTEE REPORT -- Minutes of the September 8, 1 meeting were provided. Councilman Evans noted difficulty in soliciting volunteers to construct the Terrace Hills Junior High School snack bar and the upcoming rainy season, also understood a letter had been received from Colton Joint Unified School District addressing a potential hazard; therefore, suggested the City circulate requests for bids to expedite completion. Community Services Director Anstine related contact with a State Licensed Contactor who will submit a proposal, however, noted the San Bernardino County Environmental Health Department has ordered work ceased until plans are reviewed in relation to compliance with the State Health and Restaurant Act regulations. EMERGENCY OPERATIONS COMMITTEE REPORT -- Minutes of the August 21, 1986 meeting were provided. CHAMBER OF COMMERCE REPORT -- Dave TerBest, President, thanked participants in errace ays" and reported the following (1) Regarding Council's previous request for justification of economic development expenditures, related over 48 1/2% of their budget has been expended in the last six months for that purpose; noted $48,500 expended for the newsletter, promotional brochures and booth, joint venture with the Inland Empire Magazine, the City Map, educational materials for the schools, and "Terrace Days." Voiced appreciation for grant funding already received, but concerned there will not be sufficient funds by early spring to continue operation, requested Council seriously consider granting additional funds. Mayor Pro Tem Matteson requested Chamber submit a current budget containing expenditures and a proposed budget for the remaining fiscal year including proposed utilization of additional funding. Councilman Evans also requested the Chamber's Budget and expenditures for the past two years. Councilman Petta, noting a great portion of the Chamber's funds are expended for economic development, suggested hiring an expert in that field to work in conjunction with the Chamber, recommended staff investigate and report to the Council and Chamber on feasibility of a cooperative effort. Mayor Pro Tem Matteson, with Mr. TerBest indicating concurrence, felt the feasibility of paying a commission for each business brought into the community should be investigated. Mr. Terbest felt the Chamber could operate effectively without the burden of economic development, feeling that to be a professional task. POLICE CHIEF REPORT - Mayor Grant introduced Detective Floyd Gilbreth, representing San Bernardino County Sheriff's Department, who reported crime statistics from September 22 -- October 6 including a robbery at the Ontario Savings Bank. CITY ENGINEER REPORT -- Relative to obtaining the remainder of right--of--way dedications for Barton Road widening project, City Engineer Kicak anticipated submitting an updated status report at the Council Minutes - 10/9/86 Page 5 next meeting. Visualized completion of project by the end of the fiscal year. CITY MANAGER REPORT - City Manager Armstead related forthcoming meeting between staff and the Colton Joint Unified School District scheduled for October 13 regarding school impaction fees, will meet with the City of Colton's new City Manager on October 15. COUNCIL REPORTS Councilman Petta reported the following (1) The poor condition of Barton Road. City Engineer Kicak related he will request the Manager of the Riverside Highland Water Company to alleviate problem by completing repairs within the next few days, (2) Requested status of the Community/Senior Center carpeting, Mr. Kicak advised an updated report will be submitted at the next meeting, (3) Citizen complaint regarding noise at the Terrace Hills Community Park generated from the playground during the day and from the park itself after hours. Motion by Councilman Petta, Second by Mayor Grant, to approve $500.00 to purchase and plant trees adjacent to the Terrace Hills Community Park. Councilwoman Pfennighausen indicated she could support the Motion if proven effective, however, felt professional advice necessary prior to taking any action. Based upon that, Councilman Petta, with the Second in concurrence, withdrew his Motion and recommended Staff to investigate the situation and return to Council with a recommendation. Community Services Director Anstine related the County Environmental Health Department conducted a sound test four years ago, and their recommendations were that no amount of trees would be effective. It was also determined that planting trees would impair the Sheriff's Deputies and adjacent residents' view of children at play, thereby jeopardizing their safety. Related, if Council desires more trees planted, and the proper amount of canopy of foliage is sufficient to somewhat buffer the noise, 26" box trees, spaced not to interfere with existing sewer and irrigation lines, would be required, at an approximate cost of $500 per tree. Following Mr. Anstine's response, no further direction was given to pursue investigating the planting of trees Relative to the after -- hour noise, Councilman Petta requested the Sheriff's Deputies patrol the park after closing. Councilwoman Pfennighausen could not understand why noise created by happy children bothers people, felt a clear vision of those children must be maintained for a protected environment. Reported the following (1) Observed youngsters removing political signs, cautioned them to the private nature of the property, requested citizens observing such vandalism to advise parties to refrain from such activity and replace any signs removed, (2) Wants street striping Council Minutes - 10/9/86 Page 6 and crosswalks maintained, regardless of cost efficiency, feeling it the City's responsibility to eliminate traffic hazards. Mayor Pro Tem Matteson reported the following (1) Attended a Waste -to -Energy meeting with the County Board of Supervisors, which revealed that those type of waste disposal facilities are inevitable for the future, (2) Requested the City Manager apprise Staff to refrain from making sarcastic remarks to the news media about the Council or the City, since such comments could be detrimental to the City. Mayor Grant reported the following. (1) Concurred with importance of maintaining street striping, felt parties responsible for excavating the streets should be required to restore them to original condition, (2) Voiced concern about litter in the community, commended the Finance Director, while acting as City Manager, for recommending utilizing students at a nominal wage to pick up litter in the City, noted Mayor Pro Tem Matteson's suggestion of involving the Girl and Boy Scouts in that program, (3) Concurred with Councilwoman Pfennighausen relative to vandalism of political signs, (4) Concurs with suggestion for a monetary incentive for Chamber members to bring business into the community, also enthused about retaining a professional economic development consultant, feeling that individual should be paid for what he produces, (5) Felt the Sheriff's Overtime Report should periodically specify the purpose of additional hours worked, (6) Responding to Councilwoman Pfennighausen's Report, felt no one was attempting to curtail noise from happy children, felt the biggest complaint was due to noise from the park after closing. Recessed at 7 04 p.m., reconvened at 7 19 p.m., with all members present. GAGE CANAL RIGHT -OF --WAY REIMBURSEMENT AGREEMENT -- McMILLIN DEVELOPMENT City Manager Armstead related his meeting, along with City Attorney Hopkins, and Planning Director Kicak with Mr. John Hocking, President of Gage Canal Company, 7452 Dufferin Avenue, Riverside. City Attorney Hopkins related Council's previous approval of two developments requiring access across the Gage Canal. (Ref. Condition of Approval #4 (McMillin Development) that acceptable access across the Gage Canal be provided.) Further related the City's previous authorization for staff to negotiate and, if necessary, institute whatever legal proceedings necessary to acquire acquisition across the Gage Canal. Noted various conditions were required by the Gage Canal Company, Canal owner, and the City of Riverside, owner of the underlying right--of-way in which the canal is located, subsequent to lengthy negotiations, an agreement was reached with those two entities as to everything but one issue -- the City wanted to enlarge and widen Canal Street, which is located on the westerly side of the canal, requiring acquisition of an additional right--of-way from the Gage Canal Company or from the City of Riverside who, by agreement, must receive approval from the Gage Canal Company prior to any such action. Council Minutes - 10/9/86 Page 7 As a requirement for approval, the Gage Canal Company conditioned that the right-of-way be purchased at a price of $30,000 (non-negotiable), the City felt the figure unreasonable and in excess of actual property value, therefore, recommended, on that basis, not to proceed. In order to expedite the process, McMillin Development, initiator of project (property has subsequently been placed in escrow for sale to Forest City Dillon), offered to provide payment of $30,000 to the Gage Canal Company and, in return, the City would reimburse them the determined appraised value of the property. An agreement to that effect was made and a cashier's check for $30,000 has been received from McMillin Development, authorizing release under certain circumstances for deposit in the City Treasury. Relative to the previously mentioned meeting with the Gage Canal Company, indicated their willingness to accept the $30,000, the other conditions, and proceed to grant the rights -of -way in three locations across the Gage Canal, contingent upon escrow being opened with a $30,000 City cashier's check on Wednesday, October 15th. City Attorney outlined the following series of actions required if Council desires to proceed. (1) Approve a Resolution specifying that Condition #4 of the Conditions of Approval will have occurred, (2) Approve the revised Contract with McMillin Development, Noted problems with the release of the $30,000 and the time frame in relation to reimbursement to McMillin, also, a five and three day time period provision which is unsatisfactory due to it being too short of a time frame. Related an appraisal of the property could be accomplished by the Title Company who did the Title Report for a figure not to exceed $2,000, however, if another appraiser is utilized, a great deal more money and time would be involved. Advised both the attorney for McMillin Development and client have related concurrence with suggested Contract amendments. Therefore, if Council desires to proceed, staff would recommend the approval of the revised Contract. (3) Approve a 3-party agreement between the City of Grand Terrace, the Gage Canal Company, and the City of Riverside, with the following conditions 1. The easterly side of the Canal be protected with fencing along the right-of-way, (They have agreed that the fencing required by the Planning Commission's Conditions of Approval would suffice, therefore, no additional fencing would be required.) 2. That the crossings themselves be protected with fencing as they cross the canal, 3. That the City provide 16-foot openings to the canal for access by the Gage Canal Company to enable maintenance of facility, 4. That the streets leading to the storm drains be protected inasmuch as possible, 5. That the City protect the Canal right-of-way from low spots on the adjoining property, 6. That the water pipe to the canal itself be protected by reinforced concrete or a minimum of 36 inches of dirt cover and paving, and that the plans and structural protections provided on the crossing themselves be approved by the Gage Canal Company and the City of Riverside, Council Minutes - 10/9/86 Page 8 7. That the street easements, to be recorded with conditions, be acceptable to the Gage Canal Company and the City of Riverside, 8. That the City obtain three public crossings, the Gage Canal Company and the City of Riverside are to approve the utility crossings wherever they cross on those three structures, 9. That to the extent possible, the City provide the alternate ingress and egress to all property fronting along the easterly side, (Noted the developers have made that provision to the extent possible) 10. That the City of Riverside grant an additional 7 1/2 feet of right-of-way to widen Canal Street; 11. That the City may landscape the canal right-of-way in accordance with the Gage Canal Company specifications and subject to their approval, if desired, 12. That, if it is landscaped, the City of Grand Terrace will be responsible for the perpetual maintenance (watering, landscaping, etc.). City Attorney Hopkins advised that all of the above conditions have reached concurrence with City Engineer Kicak. If Council desires to proceed, staff would recommend approval of entering into such an agreement. (4) Authorize entering escrow at the Safeco Title Company in Riverside for the Canal Street property north of Victoria at a purchase price of $30,000 and authorize acceptance of the Grant Deeds, Grants of Easements, licenses and conveyances relative thereto, including all three of the crossings. (5) Approve increasing General Fund Revenues in the amount of $30,000 and General Fund Expenditures in the amount of $45,000, pursuant to Finance Director Schwab's memo of this date. Sanford Collins, 22697 Brentwood, requested clarification of proposed agreement, not seeing the benefit to the City. City Attorney Hopkins clarified the proposal would enable the City to widen Canal Street to accommodate traffic flow and would, therefore, benefit the entire community. Since the Gage Canal Company would not agree to the City having the property appraised and paying them the appraised value, McMillin Development Company agreed to pay the requested $30,000 to the Gage Canal Company, with the stipulation that the City reimburse them for the amount of the appraised value, this allows the City to do what they initially proposed. J. Brian Urtnowski, McMillin's Attorney, Law Firm of Sheppard, Mullin, Richter, further clarified that McMillin Development is virtually giving the City an interest -free loan as well as subsidizing them if the appraisal is less than $30,000. Therefore, if the land is appraised at zero value, the Gage Canal Company will be paid $30,000 without the City having to expend any funds including legal fees involved if land had to be obtained through condemnation proceedings. Responding to Mayor Pro Tem Matteson relative to condemnation, related, if the property was in fact condemned, the City would be required to pay the fair market value as well as legal costs. Council Minutes - 10/9/86 Page 9 Responding to Councilwoman Pfennighausen relative to consequences if escrow is not executed by the date specified, City Attorney Hopkins indicated eminent domain proceedings could be initiated to acquire the crossings. Advised that Mr. Hocking, President of Gage Canal Company, will not bend with conditions as set forth. Councilwoman Pfennighausen, tired of being threatened by the Gage Canal Company, noted Council was previously prepared to initiate eminent domain condemnation proceedings. If eminent domain is decided upon, suggested acquiring the entire top of the Canal to alleviate future problems securing crossings. Does not feel Council should back peddle, however, felt they should be reasonable Noting some of the proposals were not submitted until late this afternoon, advised she is not prepared to make any approvals until able to thoroughly review all pertinent material. Mayor Grant voiced concurrence, feeling all Councilmembers should have sufficient review time to enable clear understanding of matter, advised he would also not be pushed into making a decision Mayor Pro Tem Matteson related that Councilmembers have repeatedly reiterated their disdain toward red tape, feeling it hinders development. Noting the acquisition of Gage Canal crossings has been a problem for over a year, felt that Council should proceed tonight, believed the City Attorney made a good agreement with McMillin Development which he reviewed thoroughly. If action not taken tonight, felt a special meeting should be called tomorrow night. In light of resolving matter, Motion by Mayor Pro Tem Matteson, to follow staff recommendations and execute the proposed reimbursement agreement between the City and McMillin Development and approve appropriation of $15,000 for the Gage Canal property appraisal and acquisition of the right-of-way. Motion died for lack of Second. Councilman Evans felt proposed agreement to be extremely complicated and could, therefore, have serious ramifications, noted it may entail expenditure of City funds. Desired sufficient time for complete review of agreement in its entirety and, if matter is continued, requested the City Clerk prepare this portion of the minutes immediately for availability to Council, Mayor Pro Tem Matteson requested they be verbatim (Subsequent to the meeting, it was clarified that minutes could be consolidated into sensible format.) Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to call a special meeting Monday, October 13, 1986, at 6 00 p m (Motion was withdrawn later in the meeting ) Mayor Grant noted that Monday is a state holiday (Columbus Day) and Councilman Evans, due to inablility to attend that day, requested continuing item until the next Council meeting to enable everyone to get full input. Mayor Pro Tem Matteson felt Council should take action tonight, noting if opportunity is jeopardized and matter ends up in court (eminent domain proceedings), project could be prolonged for another year. Council Minutes -- 10/9/86 Page 10 Suggested the City Attorney contact the Gage Canal Company for an extension. City Attorney Hopkins related he could attempt to get the deadline extended. Councilwoman Pfennighausen noted absolutes are not being dealt with at this time since it is unknown whether the Gage Canal Company's Board of Directors will even accept the proposed agreement. In light of above discussion, Mayor Pro Tem Matteson withdrew his Motion, with its Second (Councilman Petta) in concurrence. CC-86--247 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, that item be continued to the meeting of October 23, 1986, carried, 4--1, with Mayor Pro Tem Matteson voting NOE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OPPOSING THE RECONFIRMATION OF CHIEF JUSTICE ROSE BIRD AND ASSOCIATE JUSTICES CRUZ REYNOSO AND JOSEPH GRODIN TO THE CALIFORNIA SUPREME COURT. Relative to above Resolution, Mayor Grant noted a clear distinction between a legislative body taking a position on a ballot measure and a candidate, felt the Resolution implies Council is acting on behalf of the citizens, urging people to oppose the Justices at the polls. Wanted it clear he is not committing his position on the three Justices, feeling that to be his own business. Felt individual Councilmembers have the prerogative to advise of their position, encouraged reconsideration of this matter. Mayor Pro Tem Matteson felt it a city official's duty to look out for the health, benefit, and safety of constituents. Cited case of Theodore Frank wherein Rose Bird overturned the death penalty as well as the conviction based on a technicality of inadmissible evidence. Felt the Resolution is addressing a strong law and order issue, not a candidate. Motion by Mayor Pro Tem Matteson to adopt the newly submitted version of a Resolution opposing reconfirmation of Justices Bird, Reynoso, and Grodin, died for lack of a Second. Councilwoman Pfennighausen advised of her reconsideration of matter due to it becoming a publicized issue and realizing its potential impact upon her candidacy for re --election. At this point, does not feel adopting the Resolution as important since people are aware of where the Council stands, however, felt it important that elected individuals have enough backbone to make a stand. Personally has been a victim of a violent crime and supports victim's rights, therefore, hopes all three are removed and replaced with responsible judges that will back law enforcement and the criminal justice system. Councilman Petta respected Mayor Pro Tem Matteson's views, feeling he had valid reasons for his action, however, agreed with Mayor Grant. LJ Council Minutes -- 10/9/86 Page 11 Related that citizens have advised him of their objection to the Council telling them how to vote. For that reason did not support the Resolution, not because of taking a position one way or another. Councilman Evans stated his initial suggestion for the Resolution was not made in the vein of being arrogant, but based upon the recognition that crime impacts everyone's lives and is everyone's concern, felt that the justice system appears to be weakened by judicial decisions that favor the criminal. Encouraged all elected officials who truly believe in a strong criminal justice system to take a stand, did not view any difference between this issue and a ballot measure. Mayor Pro Tem Matteson felt the proposed Resolution does not tell people how to vote, noted that two members feel Council should take a stand, however, did not support the Motion. REQUEST FOR PROPOSALS - ARCHITECTURAL/ENGINEERING SERVICES FOR THE Community Services Director Anstine related, effective January 1987, the existing tenant (Marygold Farms) will vacate the SCE Pico park -- site property. Since specific requirements must be adhered to, related staff recommendation that Council consider authorizing "Requests for Proposals" to retain the services of a qualified landscape architect to finalize the design for submission to Southern California Edison for approval. Following clarification that schematics are not concrete and no funds CC-86--248 will be expended at this time, Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, ALL AYES, to authorize Requests for Proposals for Architectural/Engineering services for the design of the SCE Pico park site (RFP 86-16). Adjourned at 8 18 p.m. The next regular meeting will be held Thursday, October 23, 1986, at 5 30 p.m. Respectfully submitted, City Clerk APPROVED Mayor DATE• OCT. 17, 190 f- :ETA i leo T C R A ITEM ( ) COUNCIL ITEM ( MEETING DATE• OCTOBER 23, 1986 AGENDA ITEM NO. 2,E SUBJECT COMMUNITY PARKLANDS ACT OF 1986 FUNDING REQUIRED NO FUNDING REQUIRED _X THE CITY COUNCIL HAS BEFORE THEM, A RESOLUTION PERTAINING TO THE CITY`S ALLOCATION OF THE COMMUNITY PARKLANDS ACT OF 1986. PRIOR TO THE CITY RECEIVING ANY FUNDS THROUGH THIS FUNDING SOURCE, THE ATTACHED RESOLUTION MUST BE ADOPTED BY COUNCIL, THE CITY OF GRAND TERRACE WILL RECEIVE APPROXIMATELY $27,000.00 IN THE WAY OF GRANT FUNDS. THERE IS NO LOCAL MATCH REQUIRED FOR THIS GRANT. THE CITY PARKS AND RECREATION COMMITTEE HAS ESTABLISHED THE PICO PARKSITE AS THE PROJECT FOR THESE FUNDS TO BE EXPENDED ON, STAFF RECOMMENDS THAT THE COUNCIL: ADOPT THE ATTACHED RESOLUTION, AND APPROVE THE FUNDS TO BE EXPENDED ON THE PICO PARKSITE DEVELOPMENT. RLA °ENDING CITY COUNCIL APPROVAL RESOLUTION NO. 86-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR 1986 STATE GRANT MONIES UNDER THE PROVISIONS OF THE COMMUNITY PARKLANDS ACT OF 1986. (Pico Park Site Development) WHEREAS, the people of the State of California has enacted the Community Parklands Act of 1986, which provides funds to the State of California and its political subdivisions for acquiring and developing facilities for public recreational and historical purposes, and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies under the program, and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State, and WHEREAS, said application contains assurances that the applicant must comply with, and WHEREAS, the applicant agency will enter into an agreement with the State of California for acquisition, development, rehabilitation or restoration of the project, NOW, THEREFORE, the City Council of the City of Grand Terrace DOES HEREBY RESOLVE AS FOLLOWS. Section 1. Approval for the filing of an application for 1986 grant assistance for development of the Pico Park Site. Section 2. Certification that said agency understands the assurances and certification in the application. Section 3. Certification that said agency has or will have sufficient funds to operate and maintain the project. Section 4. Certification that said agency will complete the project within three years from date of the approval by the State. Section 5. Appoints the City Manager as Agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and any other documents necessary for the completion of the aforementioned project. ADOPTED this day of October, 1986. ;rt 1986 7 L.2 L L,' HUGGRANT Mayor BYRON MATMSON Mayor Pm Tim CITY OF GRAND TERRACE Council Mamimm PTA PARKS & RECREATION COMMITTEE MEETING DETNN 5 ONY L EVANS MONDAY , OCTOBER 6 , 1SE6 BARBARA PFENNIGHAUSEN SETH ARMSTEAD City Manager MEMBERS PRESENT Chairman Louis Galvez, Barbara Conley, Jason Otter, Dick Rollins, Dave Widor ABSENT Lenore Frost, Chuck Percy, Ken Rinderhagen CITY STAFF PRESENT Randall Anstine, Renee McCarthy CALL TO ORDER 7 31 PM by Chairman Galvez T TFMC 1 Minutes of the September 8,1986 meeting were reviewed and upon a motion by Dick Rollins and seconded by Jason Otter approved by unanimous vote 2 SNACKBAR--Snackbar building has come to a halt due to lack of volunteer labor and an individual who has the time to supervise construction It was decided, due to the delay in completion, that Rent -A -Fence will be contacted to construct a Tench around the snackbar ASAP It was suggested that the building be sub -contracted out to ensure completion. Randy Anstine will touch base with Tim Engle over this Randy is also challenging new requirments imposed for the snackbar Cie dressing room.) It was further suggested, to be decided at a later meeting, that the athletic clubs be charged rent for use of the snackbar to pay for utilities used and for said clubs to donate funds towards the contracted completion of snackbar. 3 TOUR de TERRACE --Committee members present accepted responsibilities for such items as traffic control, turn -around coordination, registration & finish line volunteer coordinators Special meetings will be held a few days prior to event to brief all commissioners and volunteers on their specific duties and responsiblities Concerns voiced by Dick Rollins over traffic control of De Berry and Mt Vernon and the q-way signal at Barton and Mt Vernon will be handled by stopping traffic momentarily at the beginning of the ride and for riders finishing. Ll HALLOWEEN--The annual Halloween Fast at Terrace Hills School with booths and costume contests will be held Athletic leagues have been invited to participate with booths S Barbara Conley voiced the possibility of the Soccer Club not schediling any soccer games the Saturday of possible 22795 BARTON ROAD GRAND TERRACE, CA 92324-5295 Civic Center — (714) 824-6621 Planning — Engineering — (714) 825-3825 r PARKS 8 RECREATION COMMITTEE MEETING MONDAY, OCTOBER 6,1986 MINUTES (cont) future Grand Terrace Days Parades' to reduce traffic congestion and increase particpation. Dave Widor said if enough advance notice is given to the Soccer Club schedules could be developed to reduce conflict. 6 Louis Galvez discussed the possiblity of tennis courts at the Pico Park site due to unknown road expansion which may alter land usage by Edison. Randy Anstine stated there has been authorization for a landscape Architect to design a proper utilization of land 7 Louis Galvez presented to the committee an invitation by Jack Corbett Hollywood Bases to their October 18, 1986 show. Meeting adjourned at 8 48pm. Respectfully submitted, Barbara M Conley Recording Secretary ITY OF GR.1ND TERR VE E11ERGFNCY OPERLITIONS COMMITTEE 0CT 2 3 1986 AIINUTES Sentember 17, 1986 L/ C-`..IXGEIe ,=CEE1DA ITEM A The meeting was called to order by Jim Hodder chairman, at — 00 p.m. in building 3. MEMBERS PRESENT: Hike Harris Eileen Hodder Jim Hodder Ed Luers RECEIVE© t 1 71966 GUESTS PRESENT- Diana Luers MINUTES APPROVAL: CITY OF GRAND TERRACE The minutes of the 21 August 1986 meeting were anDroved with minor corrections. BUDGET REPORT: J. Hodder presented the status of the committees 1986 budget. SUBCONSfITTEE REPORTS: None provided as the communications subcommittee chairman was not nresent. OLD BUSINESS 1. J. Hodder and E. Luers gave a status renort on building 3 improvements, and accented an action item to provide the Community Services Director with Drices and vendors who can provide sheet cork required for the situation status room. (action item 7"6-1) 2. J. Hodder presented a status of oven requests for material and services re- quested in an IOM dated 23 July. The information was provided by the Community Services Director. 3. E. Luers presented a report on progress in developing the Emergency Operations Plan. A couple of sections are still being worked but should be ready by the October meeting for committee distribution and review, along with copies to City Council. (action item #86-2) 4. A discussion of increased security for building 3 was nostnoned since the Community Services Director was not present. 5. It was mentioned that a discussion at a Drevious City Council meeting was direc- ted at providing citizens an emergency preDaredness namnhlet. E. Hodder will obtain information on se-rer billing restrictions (action item #56-3), and J. Hodder will provide sannles and a draft of materials for mailing (action item 496-4). 6. J. Hodder reported that Council Woman B. Pfennighausen had confirmed nubli- cation of the San Bernardino County emergency nlan in final form and she would have a cony Drovided to the cimmittee. J Hodder will obtain status on the School Districts' Plan reviewed several months ago by the committee(action item S6-5) 7. Ifembershio and the open position were discussed J. Hodder will contact Council foman Pfennighausen and Dursue a lead she had provided earlier. (action item #86-6) -2 — YEYY BUSINESS 1. Goals and Objectives for the upcoming year were discussed. The base Fmer— gency Operations Plan, procedure manuals, completion of building 3, increasing nubli awareness, and continued acquisition of medical and other preparedness sunnlies are of high priority. Based on a suggestion by D,. Luers, E. Hodder will contact Red Cross and obtain information on first aid books which can be nut in the Med Packs. (action item -#86-7 ) 2. Since postcard notice's were not received for this meeting, E. Hodder will check with staff and find out if 3olicy has changed. (action item #86 —8) 3. In a discussion on training exercises M. Harris accented an action item to pro— vide a sample exercise shich can be used as a model in generating a training plan. (action item#86-9) 4. It was agreed to change the meeting night to the third Wednesday from the third Thursday due to conflicts. J Hodder will notify the Chamber Newsletter and other appropriate personnel. (action item 486-16) 5. A discussion on correspondence prompted questions on proper orotocol for internal memoranda and letters to outside agencies. E. Hodder will check with staff on current practice. (action item '#86-11) 6. E. Hodder reported that the committee is currently sharing a mail box at city hall with another committee and it is not always clear what items are for which committee. She will ask staff to -)rovide separate box. (action item 486-12) ANNOUNCEIENTS . Information on the California Edison Centennial and the deadline for the October Chamber Newsletter deadline was provided. ADJOURNMENT The meeting was adjourned at 8.3^ p.m. The next regular meeting will be held on 15 October, 1986 at 7.01 p.m. in building 3. Submitted by Eileen Hodder, Secretary Annroved by James A. Hodder, Chairman nr CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE ACTION ITEM LIST #86-1 ASSIGNED TO E Luers ON 9/17/86 DUE 10/15/86 J Hodder CLOSED ACTION Price sheet cork for status display boards and provide information to staff CLOSURE #86-2 ASSIGNED TO E Luers ON 9/17/86 DUE 10/15/86 CLOSED ACTION Provide a draft of Emergency Operations Plan for committee review CLOSURE #86-3 ASSIGNED TO E Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Obtain information on restrictions for sewer billing inserts Include weight, size, and deadlines for inputs CLOSURE #86-4 ASSIGNED TO J Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Provide draft of Family Emergency Preparedness Pamphlet for committee review CLOSURE #86-5 ASSIGNED TO J Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Obtain status of Colton Unified School District Disaster Guide, and request copy CLOSURE - 2 - #86-6 ASSIGNED TO J Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Contact Council Woman Pfennighausen and follow up on prospective committee member, R Bailes MMiRto) � #86-7 ASSIGNED TO E Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Contact county Red Cross chapter and obtain information on first aid books and pamphlets that can be put in medical supply packs CLOSURE #86-8 ASSIGNED TO E Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Check with staff and get clarification on meeting announcment cards Inform staff of new meeting night and request appropriate change in mailing of notice cards CLOSURE #86-9 ASSIGNED TO M Harris ON 9/17/86 DUE 10/15/86 CLOSED ACTION Provide sample of an emergency exercise plan which can be used as a model for training CLOSURE #86-10 ASSIGNED TO J Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Update information in Chamber Newsletter concerning contact and meeting nights CLOSURE #86-11 ASSIGNED TO E Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Contact staff and obtain information on current proper protocol for internal and external memoranda Include use of city letterhead CLOSURE #86-12 ASSIGNED TO E Hodder ON 9/17/86 DUE 10/15/86 CLOSED ACTION Contact staff concerning shared mail box and ask if separate one can be made available to avoid confusion CLOSURE STAFF REPORT Date C R A ITEM W) COUNCIL ITEM Nx) MEETING DATE: 10/23/86 AGENDA ITEM NO. CRA-3 -- Council 4L (1) SUBJECT: CRA/Council Meetings for November & December FUNDING IS REQUIRED NO FUNDING IS REQUIRED XX 10/14/86 Due to upcoming holidays, CRA/Council may wish to reschedule November and December meetings. It is established, by Resolution, that when regularly scheduled meetings fall on legal holidays, those meetings shall be held on the next succeeding Thursdays. Thanksgiving, Nov. 27, and Christmas, Dec. 25, are both regularly scheduled meetings days, and the Thursday following December 25 is also a City holiday. Also to be considered is an Adjourned Regular meeting to be held on a Tuesday following the November 4 Election to present the Resolution reciting the official results and swear in the newly elected Council Members. Since we consolidate with the Statewide Election, the County does the canvassing and is allowed 28 days, however, they will strive to have the Board of Supervisors Certify the Election on November 17. The City Clerk anticipates Council can schedule an Adjourned meeting for November 18 to accomplish this and, should the County run into problems, adjourn that meeting to November 25. (The reason for holding the meeting on a Tuesday is the Election Code states this is to be done on the first Tuesday following the Election and, since it has not as yet been modified to provide for consolidated municipal elections, the affected cities will conduct this meeting either the first possible Tuesday following the Election or December 2nd.) Last year Council requested only one meeting in December due to the busy holiday season. NOVEMBER Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 7 8 9 10 *11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 *27 *28 29 30 *Approved City Holidays Staff Recommends DECEMBER Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 *24 *25 26 27 28 29 30 *31 CRA/COUNCIL CANCEL THE REGULARLY SCHEDULED MEETINGS OF NOVEMBER 13, 27, & DECEMBER 25, AND RESCHEDULE THE NOVEMBER MEETINGS TO BE HELD NOVEMBER 6 AND NOVEMBER 18 (OR NOVEMBER 25 IF NECESSARY BASED UPON ABILITY TO CERTIFY ELECTION). ID DATE: Oct. 15, 1986 %OTA VoO T C R A ITEM ( ) COUNCIL ITEM (X) MEETING DATE Oct. 23, 1986 AGENDA ITEM NO SUBJECT REIMBURSEMENT AGREEMENT -- GAGE CANAL RIGHT-OF-WAY FUNDING REQUIRED XX NO FUNDING REQUIRED Please refer to Agenda Item No. 6A in your packet from the meeting on October 9, 1986. At the meeting of October 9, 1986 Council asked to have this item brought back for the October 23rd meeting so that they would have adequate time to read the material. The City Attorney received an extension of time to Friday, October 24, 1986 to enter into escrow. TS bt - DATE- Oct. 3, 1986 r TA REPOU T �9" C R A ITEM ( ) COUNCIL ITEM (X4 MEETING DATE Oct. 9, 1986 AGENDA ITEM NO. CO 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 unappropriated 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 CRAFT FOR DISCUSSION UCUREIMBURSEMENT AGREEMENT 1.1 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#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 -- --has not-agr-eed to Grand Terrace's-off-er-- -- -- -- - - - - - - - - - - 9 11 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 tn pxnpAi f-o crnnA Tnrr�..w 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- 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) Authoritv 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 mhru,an.,a 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 i L 7 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. _'j (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. (i) 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. r (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 V 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 �92324 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 writteh 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. I i "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 SUPPLEMENT TO 6A -- GAGE CANAL RIGHT-OF-WAY J� 1 LAW OFFICES OF NAZAREK, HARPER, HOPKINS & MCFARLIN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS EUGENE A NAZAREK• 348 WEST HOSPITALITY LANE SUITE 102 JOHN R HARPERS IVAN L HOPKINS SAN BHRNARDINO CALIFORNIA 92406 GEORGE W McFARLIN (714) 824 8360 JOHN P BARRON A PROFESSIONAL CORPORATION October 7, 1986 John Hocking Gage Canal Crossing 7452 Dufferin Ave Riverside, CA 92504 Re: Gage Canal Crossing Dear Mr. Hocking: 2302 MARTIN STREET SUITE 225 IRVINE CALIFORNIA 927151 (714) 752 8494 RECEIVED P tl-1 s� M6 CITY OF ERANO TERRACE On August 26, 1986, a letter was prepared in behalf of the City of Grand Terrace regarding the city's acquisition of three crossings over the Canal from the Gage Canal Company and the City of Riverside. This letter, signed by the City Engineer, Joe Kicak, and myself, generally agreed to the conditions set forth by the Gage Canal Comp- any and the City of Riverside; however, our letter did propose an alternate method Of valuation of the property owned by the Gage Canal Company, Assessor's Parcel Number 275-251-43. Subsequent to our August 26, 1986 letter, the city has determined that it should proceed and accept the conditions you had set forth, in- cluding purchase of Assessor's Parcel Number 275-251-43 at the price of $30,000. Therefore, we believe that we are in agreement with all of the conditions you had previously set forth, including the payment of $30,000 for the property parcel your company owns in fee. We respect- fully request that we meet as soon as possible in order to farm up loose ends'and determine the procedural steps in order to present this matter to our respective governing bodies for final approval. Thank you for your assistance in regards to this Very truly, b 4 �� Ivan L. Hopkins City Attorney cc: William Holsinger City of Riverside Seth Armestead City of Grand Terrace Joe Kicak City Engineer ter. FILE COPY SHEPPARD, MULLIN, RICHTER & HAMPTON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW LOS ANGELES OFFICE SUITE 500 SAN FRANCISCO OFFICE FORTY-EIGHTH FLOOR SEVENTEENTH FLOOR 333 SOUTH HOPE STREET 4000 MACARTHUR BOULEVARD FOUR EMBARCADERO CENTER LOS ANGELES CALIFORNIA 00071 NEWPORT BEACH, CALIFORNIA 92660 SAN FRANCISCO CALIFORNIA 94111 (213) 620-1780 (415) 434-4914 TELEPHONE (714) 752-6400 SAN DIEGO OFFICE _ SUITE P-355 TELECOPIER (714) 851-0739 701 B STREET SAN DIEGO CALIFORNIA 92101 (619) 239-36GO LOS ANGELES OFFICE CABLE SHEPLAW TELEX 19-4424 September 3, 1986 OUR FILE NUMBER 29491 VIA FEDERAL EXPRESS Ivan Hopkins, Esquire Nazarek, Harper, Hopkins & McFarlin 348 West Hospitality Lane, Suite 102 San Bernardino, California 92408 RECEIVED Re: Reimbursement Agreement OCT 81986 Dear Ivan: Enclosed please find the Reimbursement Agreement r( draft along with execution copse You'll notice that the chang� were rather minor and were fo only. C1 OF GRAND TERRACE line copies of Vsed from the prior he sam document. to the Agreement .arlflcatlon purposes Also enclo d i a ca hier's check in the amount of $30,000 m de pa able Op the City of Grand Terrace. would li a you to hold this check in trust pending th approval and execution of this Agreement by the Ckty Council o Gra Terrace. If you have —any questions upon receipt of this le er, please do not hestitate to call. With kodest regards. Sincerely, `A(GGlL-- J. Brian Urtnowski for SHEPPARD, MULLIN, RICHTER & HAMPTON JBU:ch Enclosure cc: Mr. John Musial (w/encl.) r CASHIER'S CHECK (014) 3015530 4- Chula Vista (OFFICE OF ISSUE) 9049 1922� REMITTER McMillin Development INC. DATE Sept. 29, 1986 PAY TO THE k k k CITY OF GRAND TERRA k k k k k k k k k k k k k 30,000.00 k* k ORDER OF $ CALIF©RM ' ' Ilua i°'� ' FIRST S A W CALIFORNIA HEAD OFFICE i STREETFIRST BANK SAN FRANCISCO CALIFORNIA 94104 AUTHORIZED SIGNATURE L FORM 247 IREY f/EO) n' 30 15 5 30,15 1: i 2 2 2004901:0 5 3 500000411' 1. REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made this day of October, 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") located in the City of Grand Terrace, State of California, known as Parcel No. 275-251-43, containing approximately 2.43 acres, owned by the Gage Canal Company, a California corporation and (11) 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 public access across the Gage Canal to Canal Street./ 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 appr-alsed and to purchase it from -the -Gage - Canal Company at its appraised value. The Gage Canal Company has not acce ted Grand Terrace's offer. . I I J � r � B. McMillin is the owner of that certain real property (the "McMillin Property") located in the City of Grand Terrace adjacent to the Property as more particularly described on Exhibit A hereto, The McMillin Property is subject to Specific Plan 85-08 approved for the McMillin Property by Grand Terrace and to the conditions of that certain Conditions of Approval CUP 85-08, dated May 6, 1985 (the "CUP"). Condition 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 closing of the McMillin Escrow, McMillin requires that Grand Terrace make access across the Gage Canal available to the McMillin Property. Such access is that access required by Condition No. 4. 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'sAsatisfaction (the "Satisfaction") that the legal access across the Gage Canal required by Condi- tion No. 4 has been provided, 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 conditions hereinafter - set forth. I , , 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 Thousand Dollars ($30,000.00) to Grand 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") that the Satisfaction, of Condition No. 4 has occurred, as evi- denced 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 ApprovalAby October 31, 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. J 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 - Real Estate Appraisers to appraise (the "Appraisal") the Prop- erty and shall immediately provide McMillin with notice of its selection. Instructions shall be given to the Appraiser to have the Appraisal completed by no later than November.30, 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 dis- cretion. Grand Terrace shall be responsible 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 ham acquired 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 ac inn ig ft- provision of this Agreement, the court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. (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- part hereof shall be deemed to be an original instrument 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. 1 1f � � y u 6. 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 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 92324 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. Attest: "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 Its By Its