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11/12/1987LIBRARY COUNTER COPY - PLEASE UO NOT REPIOVE !!!!! CITY COUNCIL A G E N D A CITY OF GRAND TERRACE REGULAR MEETINGS 2nd and 4th Thursdays - 5:30 p.m. November 12, 1987 Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92324-5295 City Councilmembers Byron R. Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis L. Evans, Councilmember Susan Shirley, Councilmember homas J. Schwab, City Manager Panda I L. Anstine, Ass jstant City manager David R. Sawyer, Planning Director Nita Brown, Deputy City Clerk Joseph niCak, City Engineer Ivan L. Hopkins, City Attorney City Office: 824-662i CITY COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road * Call to Order * Invocation - * Pledge of Allegiance 4,* Roll Call 4 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA November 12, 1987 5:30 P.M. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of Minutes 10/22/87 Staff Recommendations Council Action Approve 2. Approval of Check Register No. CRA111287 Approve 3. A Resolution Amending Agreements, Pertaining Adopt to the 1985 Multi -family Housing Revenue Bond. 4. A Resolution of the Community Redevelopment Adopt Agency of the City of Grand Terrace approving A Purchase Contract and Bill of Sale and certain other matters relating thereto. 5. Appoint Deputy City Clerk as Secretary to the Appoint Redevelopment Agency. ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Add/Delete 2. SPECIAL PRESENTATIONS A. Awards to Crime Prevention Poster/Essay Contest Winners (Sharon Korgan) L 0 COUNCIL AGENDA 11/12/87 - Page 2 of 4 Grand Terrace Elementary Poster Contest hrissy Winchak First Place A. Ryan Butler Second Place Christopher Consalvo Third Place Terrace View Elementary Poster Contest Ricky Mann First ace Mike Weitzman Second Place Albert Morita Third Place Terrace Hills Jr. High Essay Winners Tran Dang First PT -ace Michelle Bauch Second Place Eric Karnjanapanang Third Place B. Certificates of Commendation for G.T. Strikers Soccer Team. C. 3-Year Service Awards for Lavon Cottrell, Louise Smith and Betty Trimble. D. Resolution requiring the approval of any affected City prior to the location of a Magnetic-Leviation Train Terminal. E. Proclamation - "SAM CURTIS DAY" 13. 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. A. Approve Check Register No. 111287 B. Ratify 11/12/87 CRA Action C. Waive Full Reading of Ordinances and Resolutions on Agenda D. Approve 10/22/87 Minutes Staff Recommendations Adopt Approve Approve Approve Council Action M COCI UNL AGENDA 11/12/87 - Page 3 of 4 E. A Resolution of the City Council of the City of Grand Terrace, CA, rescinding Resolution No. 79-49, and adopting an Employees' Defined Contribution Retire- ment Plan and authorizing the Execution of Agreements related to Said Plan by the City Manager. F. Approve Deputy City Clerk's Attendance at Election Law Seminar, December 2-4, 1987, in Monterey, CA. G. Approve Assistant Finance Director's Attendance at League of California Cities Financial Management Seminar, December 2-4, 1987, in Monterey, CA. H. A Resolution of the City Council of the City of Grand Terrace setting hearings for Resolution of Necessity Initating Eminent Domain Proceedings. I. A Resolution of the City Council of the City of Grand Terrace Fixing Times for Regular City Council Meetings, Commission Meetings and Committee Meetings. 4. PUBLIC PARTICIPATION I5. ORAL REPORTS A. Committee Reports 1. Parks & Recreation Committee a. Light Token Subsidary for Soccer Club. 2. Historical & Cultural Committee a. Discussion regarding City Birthday Party. b. Sister City in Italy c. Minutes of 11/2/87 Staff Recommendations Adopt Approve Approve Adopt Adopt Council Action COUNCIL AGENDA I Staff I 11/12/87 - Page 4 of 4 Recommendations Council Action B. Council Report 6. PUBLIC HEARINGS A. TMP-87-7: A request to consolidate four individual parcels into one legal parcel. (Applicant: Forest City Dillon) B. GP-87-3 and Z-87-3: A request to change the General Plan Land Use designation from Medium Density Residential to General Commercial and a request to change the Zoning Map Land Use designation from R-3 to C-2 and consideration of a Negative Declaration for the project. C. Consider extension for T.J. Austyn - Tentative Tract Map No. 13050 7. UNFINISHED BUSINESS 8. NEW BUSINESS A. Discussion on development prior to General Plan Amendment Adoption. B. Discussion regarding possible changes to the School Year. "11111:1 THE NEXT REGULAR CRA/CITY COUNCIL MEETINGS WILL BE HELD THURSDAY, DECEMBER 3, 1987, AT 5:30 P.M. -------------------------------------------------- -------------------------------------------------- AGENDA ITEM REQUESTS FOR THE 12/3/87 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY 12:00 NOON ON 11/24/87. Approve Approve Continue to 12/17/87 MOV121181 PENDING CPA Aj'rrJOVAL CITY OF GRAND TERRACE lJ COMMUNITY kEDEVELOPMENT AGENCY D R A F T REGULAR MEETING - OCTOBER 22, 1987 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 22, 1987, at p.m. PRESENT: Byron Matteson, Chairman Barbara Pfennighausen, Vice Chairman Hugh J. Grant, Agency Member Dennis L. Evans, Agency Member Susan Shirley, Agency Member Thomas J. Schwab, Executive Director Randy Anstine, Assistant City Manager Juanita Brown, Secretary Ivan Hopkins, City Attorney Joe Kicak, City Engineer David Sawyer, Planning Director ABSENT: APPROVAL OF OCTOBER 08, 1987 MINUTES CRA-87-42 Motion by Agency Member Evans, second by Vice Chairman Pfennighausen, ALL AYES, to approve October 08, 1987 minutes. CHECK REGISTER NO. CRA102287 CC-87-43 Motion by Vice Chairman Pfennighause, second by Agency Member Evans, ALL AYES, to approve Check Register No. CRA102287. CRA meeting adjourned at 5:35 p.m. The next regular meeting will be held Thursday, November 05, 1987 at 5:30 p.m. S T A F F R E P O R T CRA ITEM (xx) COUNCIL ITEM ( ) MEETING DATE: Nov. 12, 1987 SUBJECT: ADOPTING RESOLUTION AMENDING AGREEMENT RELATING TO 1985 MULTI -FAMILY HOUSING BONDS ------------------------------------------------------------------ FUNDING REQUIRED NO FUNDING REQUIRED XX As you know, the Forest City Dillon Company is currently breaking ground for the construction of Phase I of the Mt. Vernon Villas. This Resolution primarily accomplishes two things. The first is that it designates Security Pacific Bank as the Remarketing Agent. Security Pacific has issued the letter of credit on the bonds and, therefore, is entitled to be the Remarketing Agent. The second item accomplished by the Resolution is to create a phased development in which it would be ensured that only sufficient funds will be allocated from the Community Redevelopment Agency of the City of Grand Terrace Multi -family Housing Revenue Bonds 1985 Series A -Mt. Vernon Villas to build the first phase only. Any subsequent disbursements will be limited to projects that are fully approved and authorized by the City Council of the City of Grand Terrace. George McFarlin, our bond counsel on this issue, will be available at the meeting to clarify any questions that the Agency might have. STAFF RECOMMENDS THAT COUNCIL: ADOPT RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE AMENDING THE AGREEMENT RELATING TO THE 1985 MULTI -FAMILY HOUSING BONDS. TS:bt CRA AGENDA I i Ltvi t,+V:3 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIF- ORNIA, DESIGNATING A SUBSTITUTE REMARKETING AGENT, APPROVING THE SECOND SUPPLEMENTAL INDENTURE AND THE AMENDMENT TO LOAN AGREE- MENT AND APPROVING THE AMENDED FORM OF REG- ULATORY AGREEMENT RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE MULTIFAMILY HOUSING REVENUE BONDS (MT. VERNON VILLAS PROJECT) 1985 SERIES A AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, California (the "Agency") has issued and sold its Community Redevelopment Agency of the City of Grand Terrace Multifamily Housing Revenue Bonds (Mt. Vernon Villas Project) 1985 Series A in the aggregate principal amount of $30,000,000 (the "Bonds"), under and pursuant to an Indenture of Trust dated as of December 1, 1985, as amended (the "Indenture"), by and between the Agency and Seattle -First National Bank, as trustee (the "Trustee"); and WHEREAS, F.C. Grand Terrace, a California Limited Partnership (the "Developer") desires to terminate the services of and remove Smith Barney, Harris Upham and Company Incorporated ('Smith Barney") as Remarketing Agent under the Remarketing Agent Agreement dated as of December 30, 1985 (the "Original Remarketing Agreement"), by and among the Agency, Smith Barney and the Developer, as authorized by Section 6(d) thereof and Section 918 of the Indenture; and WHEREAS, the Developer has designated and hereby requests the Agency to approve Security Pacific Merchant Bank ("Security Pacific") as Remarketing Agent under the Remarketing Agent Agreement dated as of November 1, 1987 (the "New Remarketing Agreement"), by and among the Agency, Security Pacific and the Developer, to be in force from and after its approval and adoption by the Agency and its execution by the Developer and Security Pacific; and WHEREAS, the Developer now proposes to construct the Project in phases and desires to utilize the bond financing in each of such phases as construction progresses; and WHEREAS, the provisions of the Indenture and the Loan Agreement dated as of December 1, 1985, as amended (the "Loan Agreement"), by and among the Agency, the Trustee and the Developer require technical and procedural amendments to permit the designation of Security Pacific as Remarketing Agent and to allow for the financing of the Project in phases as requested and nr)T-1 1_ -I made pursuant to Section 1001(c) and (h) of the Indenture and Section 10.6 of the Loan Agreement; and WHEREAS, amendments to the Indenture and the Loan Agreement have been prepared for such purposes, and it is appropriate at this time for the Agency to approve and authorize the execution of such documents relating to the Bonds; and WHEREAS, the New Remarketing Agreement has been prepared designating Security Pacific as Remarketing Agent and the terms and provisions relating to the remarketing of Bonds to be in effect from and after the effective date thereof. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Grand Terrace, as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. The termination of services and removal of Smith Barney as requested by the Developer is hereby approved; the designation of Security Pacific is approved under the terms of the New Remarketing Agreement. SECTION 3. The New Remarketing Agreement, in substantially the form presented to the Agency at this meeting, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel, is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute said agreement, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. SECTION 4. The Second Supplemental Indenture, dated as of November 1, 1987, from the Agency to the Trustee in substantially the form presented to the Agency at this meeting, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel, is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute the Second Supplemental Indenture, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. SECTION 5. The Second Amendment to Loan Agreement, dated as of November 1, 1987, by and between the Agency, the Trustee and the Developer in substantially the form presented to the Agency at this meeting, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel, is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute said agreement, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. r SECTION 6. All actions heretofore taken by the officers and agents of the Agency with respect to the designation of parties and the approval of documents, as amended, are hereby approved, confirmed and ratified, and the Chairman, the Secretary, the Executive Director, and any and all other officers of the Agency are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions relating to the execution and delivery of any and all certificates, requisitions, agreements and other documents, which they, or any of them, deem necessary or advisable in order accomplish the purposes of this resolution in accordance with the Indenture, as supplemented and the Loan Agreement, as amended. SECTION 7. This resolution shall take effect from and after its adoption. ADOPTED this 12th day of November, 1987. ATTEST: Secretary of the Community Redevelopment Agency of the City of Grand Terrace Chairman of the Community Redevelopment Agency of the City of Grand Terrace I, Thomas Schwab, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 12th day of November, 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: Agency Counsel Secretary S T A F F R E P O R T CRA ITEM (XX) COUNCIL ITEM ( ) MEETING DATE: Nov. 12, 1987 SUBJECT: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING A PURCHASE CONTRACT AND BILL OF SALE AND CERTAIN UTHER MATTERS RELATING THERETO FUNDING REQUIRED NO FUNDING REQUIRED XX As Council is aware, the City Staff has been working for the past several months with Miller & Schroeder to structure a residual value sale of the future assets in the Agency's 1981 mortgage revenue bonds. Due to the nature of this type of bond, there exists a positive interest spread between the bond coupon rate and the rate that is actually charged to the holders of the residential mortgages. This positive spread pays for all the expenses involved with the servicing of the bonds and any residual is maintained in a separate reserve fund. These funds, which will accumulate over the life of the bonds (12 to 20 years on a 30-year issue), are not available for use by the Agency until the retirement of all of the issue. Structuring of a residual cash sale gives the Agency an opportunity to withdraw the present value of that future flow of cash. The amount that staff has negotiated will result in total proceeds of $450,000. In order to affect the sale, we will incur costs as follows: Agency Special Counsel $ 7,500 Haynes & Miller 10,000 Bank Counsel 7,500 Trustee 2,500 Accountant 6,000 Miller & Schroeder 40,000 Subtotal $ 73,500 Agency Proceeds 376,500 TOTAL $450,000 CRA AGENDA ITEM NQr J Il11 I 1\LI UI\I -- 11L. 1701 /1UL11k,I J RESIDENTIAL MORTGAGE BONDS November 3, 1987 Page 2 After costs, the net profits to the Agency will be $376,500. These funds will be available to the Agency for any legal purpose available to a Redevelopment Agency. The Redevelopment Agency could also opt to use the proceeds to make a partial payment of the Agency's debt to the City and, therefore, making the funds available to the City for any purpose. Staff feels this transaction would result in a benefit to both the Agency and the City. STAFF RECOMMENDS: 1. THAT THE AGENCY ADOPT RESOLUTION NO. TO APPROVE A PURCHASE CONTRACT AND BILL OF SALE AND CERTAIN OTHER MATTERS RELATING THERETO. 2. THE AGENCY TO AUTHORIZE STAFF TO ACCEPT A PROPOSAL FROM THE LAW FIRM OF BEST, BEST & KRIEGER TO ACT AS SPECIAL AGENCY COUNSEL FOR THE PROPOSED SALE OF THE AGENCY'S INTEREST IN THE TRUST ESTATE IN CONNECTION WITH THE AGENCY'S RESIDENTIAL MORTGAGE BONDS OF 1981. TS:bt 46► ATTACHMENTS T5 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOP- MENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING A PURCHASE CONTRACT AND BILL OF SALE AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace (the "Agency") has heretofore issued its Community Redevelopment Agency of the City of Grand Terrace Residential Mortgage Revenue Bonds, Issue of 1981 (the "Bonds") in the aggregate principal amount of �w $30,000,000 pursuant to Resolution No. CRA 81-04 (the "1981 Resolution") adopted by the Agency on February 26, 1981; and WHEREAS, pursuant to Sections 103 and 601 of the 1981 Resolution, the Bonds are secured by an irrevocable pledge of the Mortgage Loans, Pledged Revenues and Funds and Accounts (all as more particularly described in the 1981 Resolution) held by Security Pacific National Bank, as trustee (the "Trustee"); and WHEREAS, pursuant to the 1981 Resolution, upon payment in full, whether at maturity or by prior redemption, or upon provision for payment in full of the Bonds, the Agency is entitled to receive all moneys or securities including all right, title and interest in any Mortgage Loans held by the Trustee free and clear of any trust, lien or pledge of the 1981 Resolution; and WHEREAS, the Agency has heretofore entered into a Mortgage Loan Purchase Agreement dated March 17, 1981 (the "Purchase Agreement") among the Agency, the Trustee and Crocker National Bank (the "Seller") pursuant to which the Seller agreed to deliver Mortgage Loans for purchase ny the Trustee on behalf of the Agency with proceeds of the Bonds; and WHEREAS, the Agency has heretofore entered into a Servicing Agreement dated March 17, 1981 (the "Servicing Agreement") among the Agency, the Trustee and Crocker National Bank (the "Servicer") pursuant to which the Ser- vicer has agreed to maintain and service the Mortgage Loans purchased by the Trustee on behalf of the Agency with the proceeds of the Bonds; and WHEREAS, the Agency has determined that it is in the best interests of the Agency to sell the Agency's inter- est in the Trust Estate (as hereinafter defined) to Miller & Schroeder Financial, Inc. pursuant to the terms of a pur- chase contract and bill of sale presented at this meeting; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Authorization to Sell. The sale of the Agency's right, title and interest in and to (i) the cash, Mortgage Loans, securities and other assets (including cash and non -cash proceeds of any of the foregoing) which are required to be released to the Agency pursuant to Sec- tions 612 and 1401 of the 1981 Resolution and (ii) all of the right, title and interest of the Agency under and pursuant to the provisions of all documents and agreements executed in connection with the issuance and sale of the Bonds, including, without limitation, the 1981 Resolution, the Purchase Agreement and the Servicing Agreement (the "Agency's Interest in the Trust Estate") for a purchase price of not less than $376,500 is hereby authorized and approved and the Director is hereby authorized to determine the final purchase price which shall be incorporated in the purchase contract and bill of sale executed on behalf of the Agency pursuant to Section 3 hereof. Section 3. Approval of Purchase Contract and Bill of Sale. The proposed form of purchase contract and bill of sale between the Agency and Miller & Schroeder Financial, Inc. (the "Purchase Contract and Bill of Sale") presented at this meeting is hereby approved and, subject to the provi- sions of Section 2 hereof, the Chairman and the Secretary are hereby authorized and,directed, for and in the name of the Agency, to execute the Purchase Contract and Bill of Sale in substantially the form hereby approved, with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. Consent to Assignment. The Agency hereby consents to the assignment of the Purchase Contract and Bill of Sale by Miller & Schroeder Financial, Inc. to Meridian Bank, a Pennsylvania banking corporation ("Meridian Bank"), as contemplated in the Purchase Contract and Bill of Sale. Section 5. Direction to Trustee. The Trustee is hereby authorized and directed to do any and all things and to execute and deliver any and all documents which are determined to be necessary in order to consummate the sale of the Agency's Interest in the Trust Estate by the Agency to Miller & Schroeder Financial, Inc. pursuant to the Purchase Contract and Bill of Sale and the assignment thereof to Meridian Bank. Section 6. Direction to Seller. The Seller is hereby authorized and directed to do any and all things and to execute and deliver any and all documents which are determined to be necessary in order to consummate the sale of the Agency's Interest in the Trust Estate by the Agency to Miller & Schroeder Financial, Inc. pursuant to the Purchase Contract and Bill of Sale and the assignment thereof to Meridian Bank. Section 7. Direction to Servicer. The Servicer is hereby authorized and directed to do any and all things and to execute and deliver any and all documents which are determined to be necessary in order to consummate the sale of the Agency's Interest in the Trust Estate by the Agency to Miller & Schroeder Financial, Inc. pursuant to the Purchase Contract and Bill of Sale and the assignment thereof to Meridian Bank. Section 8. Special Counsel. The proposal of Best, Best & Krieger, Riverside, California, to act as special counsel in this financing is hereby approved on the terms set forth in the proposal letter of said firm presented to this meeting and the Chairman or Vice -Chairman, or their designee, is authorized and directed to execute and cause said proposal letter to be delivered on behalf of the Agency. 4' Section 9. Other Acts. The Chairman, the Execu- tive Director, the Secretary, the Agency counsel, and any and all other officers of the Agency are each authorized and directed in the name of and on behalf of the Agency to do any and all acts and to make any and all assignments, cer- tificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents which they or any of them might deem necessary or appropri- ate in order to consummate any of the transactions contem- plated by the agreements and documents approved pursuant to this Resolution. -3- Section 10. Effective Date. This Resolution shall take effect from and after the date of its passage and adop- tion. Adopted this 12th day of November, 1987. Chairman of the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Secretary of the Community Redevelopment Agency of the City of Grand Terrace -4- JRR0522 M CERTIFICATE I, , Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the Community Redevelopment Agency of the City of Grand Terrace at a regular meeting thereof held on the 12th day of November, 1987 by the following vote of the Board of the Agency: AYES: NOES: ABSENT: ABSTAINED: IN WITNESS WHEREOF, I have hereunto set my hand this day of November, 1987. Secretary of the Community Redevelopment Agency of the City of Grand Terrace -5- JRR0522 ARTHUR L. LITTLEWORTH * VIRGINIA A. ETTINGER GLEN E. STEPHENS * VICTOR L. WOLF WILLIAM R. DEWOLFE * DANIEL E. OLIVIER BARTON C.GAUT* DANIEL J McHUGH CHARLES D. FIELD * CARL F HERBOLD PAUL T SELZER * STEPHANIE K. HARLAN DALLAS HOLMES * MARC E. EMPEY CHRISTOPHER CARPENTER- JOHN R ROTTSCHAEFER RI CHARD T. ANDERSON • MARTIN A. MUELLER JOHN D. WAHLIN * J MICHAEL SUMMEROUR MICHAEL D. HARRIS A HOWARD B. GOLDS W. CURT EALY A EUGENE TANAKA THOMAS S. SLOVAK* MARGARET F TANAKA JOHN E. BROWN * BASIL T CHAPMAN RONALD J. KOHUT JEFFERY J CRANDALL MICHAEL T RIDDELL * SCOTT C SMITH MEREDITH A. JURY* LANCE A. ADAIR MICHAEL GRANT JACK B.CLARKE FRANCIS J BAUM * JEANNETTE A PETERSON ANNE T THOMAS * TERI L VOLLNOGLE D. MARTIN NETHERY * BARBARA E. KRISTAL GEORGE M REYES BRIAN M. LEWIS WILLIAM W FLOYD,JR. TIMOTHY M CONNOR MICHAEL A. CRISTE w GEORGE H. CHANT TII GREGORY L. HARDKE RONALD A.VAN BLARCOM RICHARD CROSS RES ECCA D. HICKOX KENDALL H MAcVEY BRADLEY E. NEUFELD C LARK H. ALSOP ELISE K. TRAYNUM DAVID J. ERWIN w DONALD P. BREWSTER MICHAEL J. ANOELSON * CECILIA S. WU 7UGLA5 S. PHILLIPS * DAVID A. BRAN DEN BU RG ARLES MELLIS * MICHAEL E. HULME, JR TSON E.. ELORED * GEOFFREY K. WILLIS WIN L.GOLDS WILLIAM D. DAHLING,JR. ANTONIA G. WEINER WYNNE S. FURTH G REGORY K. WILKINSON KANDY LEE ALLEN HARLEY L. BJELLAND THOMAS W WEIDENBACH DAVID L. BARON TERESA J. McELHANNON A PROFESSIONAL CORPORATION LAW OFFICES OF BEST, BEST & KRIEGER OFFICES IN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 400 MISSION SQUARE PALM SPRINGS (619) 32S -7264 3750 UNIVERSITY AVENUE POST OFFICE BOX 1028 RANCHO MIRAGE RIVERSIDE, CALIFORNIA 92502 619) 568-2611 TELEPHONE (714) 686-1450 SAN DIEGO TELECOPIER (714) 686-3083 ,619) 457-4915 RAYMOND BEST (1868-1957) GORDON COLOGNE, OF COUNSEL JAMES H. KRIEGER (1913-1975) JAMES B. CORISON, OF COUNSEL EUGENE BEST (1893-1981) RICHARD A.OSHINS, OF COUNSEL ADMITTED IN NEW YORK. NEVADA WASHINGTON, D.C. COURT OF CLAIMS October 30, 1987 Honorable Chairman and Members of the Board of Directors of the Community Redevelopment Agency of the City of Grand Terrace 22795 Barton Road Grand Terrace, California 92324 Re: Proposal for Special Counsel Services for Proposed Sale of Agency's Interest in the Trust Estate in Connection with the Agency's Residential Mortgage Revenue Bonds, Issue of 1981 Ladies and Gentlemen: We are pleased to submit this proposal for special counsel services in connection with the proposed sale of the Agency's interest (the "Agency's Interest") in the Trust Estate in Connection with the Agency's Residential Mortgage Revenue Bonds, Issue of 1981. The firm of Best, Best & Krieger would be pleased to serve as special counsel on this transaction and proposes to perform the following services on the basis set forth in this letter. We will confer and consult with Agency staff on all matters relating to the transaction including participation in the review and selection of appropriate financing methods relating to the sale of the Agency's Interest. We will assist the Agency in identifying the most advantageous -LAW OFFICES OF BEST. BEST & KRIEGER Board of Directors of the Community Redevelopment Agency of the City of Grand Terrace October 30, 1987 Page 2 method of structuring this transaction based upon our experience and we will attend all meetings of the Agency's staff and consultants at which this transaction is to be discussed and analyzed for successful completion of the sale of the Agency's Interest. Our services will include the preparation of all agreements, resolutions, notices and all other legal documents required by California law for the consumation of the sale of the Agency's Interest. We also will attend all meetings in which any action in connection with the proceedings is to be taken. Subject to completion of the transaction to our satisfaction, Best, Best & Krieger will issue its approving legal opinion to the purchasers of the Certificates to the effect that all proceedings have been legally undertaken for the authorization, sale and delivery of the Agency's Interest, or other transactions relating thereto. Our fee for the foregoing legal services will be $7,500. The above fees will be payable only upon completion and sale of the Agency's Interest from the proceeds of the sale, and not otherwise. If other services are requested by the Agency which are not within the scope of those outlined above, they will be performed on a time basis at the hourly rate of the attorneys involved. tion to the above special counsel fees, we would expect `"to--b-e _ Mreimbursed by the Agency for out-of- pocket expenses incurred--byus on behalf of the Agency, such ` as long-distance telephone calls --- -tele.grams, messenger and courier services, travel at the request of appropriate Ci-tY"- officials, duplicating and the like. If this arrangement is satisfactory to you, please have the Board of Directors of the Agency authorize our employment according to the terms of this letter and return LAW OFFICES OF BEST, BEST & KRIEGER Board of Directors of the Community Redevelopment Agency of the City of Grand Terrace October 30, 1987 Page 3 to us a copy of this letter executed by an authorized officer of the County. Respectfully submitted, Francis J. Baum of Best, Best & Krieger FJB:jcq TERMS OF SPECIAL COUNSEL EMPLOYMENT APPROVED THIS DAY OF NOVEMBER, 1987. Authorized Officer of the Community Redevelopment Agency of the City of Grand Terrace FJB0580 DATE: Nov. 3, 1987 S T A F F R E P O R T CRA ITEM (xx) COUNCIL ITEM ( ) MEETING DATE: Nov. 12, 1987 SUBJECT: APPOINT THE DEPUTY CITY CLERK TO BE THE SECRETARY 4, FOR THE COMMUNITY REDEVELOPMENT AGENCY ------------------------------------------------------------------ FUNDING REQUIRED NO FUNDING REQUIRED XX The City Clerk has in the past always been designated the Secretary to the Community Redevelopment Agency. Due to the fact that we currently do not have a City Clerk's position, staff is requesting Council appoint the Deputy City Clerk (Nita Brown) as Secretary to the Redevelopment Agency. 4 The Deputy City Clerk currently carries out the duties of the Redevelopment Agency Secretary with the exception of signing the minutes. Staff feels it is.appropriate that the Deputy City Clerk be designated the Agency Secretary. STAFF RECOMMENDS: THAT COUNCIL APPOINT THE DEPUTY CITY CLERK AS THE SECRETARY FOR THE COMMUNITY REDEVELOPMENT AGENCY. TS:bt CRA Ar:r&1nn Ill.. DATE: November 5, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: November 12, 1987 SUBJECT: ------------------------------------------------------------------ Resolution Regarding a Magnetic -Levitation Train Terminal 4 FUNDING REQUIRED NO FUNDING REQUIRED X A request from the City of Ontario has been received asking our City Council to submit a Resolution Requesting the County Board of Super- visors to Adopt a Resolution Requring the Approval of any Affected City prior to the Location of a Magnetic -Levitation Train Terminal, and Mayor Matteson has requested that it be placed on the Agenda. /L) NB COUNCIL AGENDA ITEM Cx Ili -1c OF CITY HALL ONTARIO, CALIFORNIA 91764 HOWARD J SNIDER Moyor JIM W BOWMAN FAYE MYERS DASTRUP BEECHER MEDLIN VERNE K PERRYMAN Council Members October 20, 1987 The Honorable Byron Matteson, Mayor City of Grand Terrace 22795 Barton Road Grand Terrace, California 92324 Dear Mayor Matteson: O 1' 7 T' A T. I AREA CODE 714 986-1151 ROGER D HUGHBANKS City Monoger DE LORIS E. ARTERBURN,CMC City Clerk CHARLES L. MILHISER City Treosurer The issue of the proposed Magnetic -Levitation train has significance for the entire County of San Bernardino. The attached resolution has been sent to the County Board of Supervisors. It requests that our Board of Supervisors respect the time honored principles of local control and home rule by requiring that the proposed terminal for the Magnetic -Levitation train could be located only with the affected city's prior approval. I know that your city is a vigorous supporter of local control and good planning. It is my respectful request that you submit this resolution to your city council for their consideration and possible adoption. After your adoption of this resolution please send a copy to the Board of Supervisors as well as to myself. Thank y ly Huard J Mayor - n ad ce for your kind assistance. i pk Sni r RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REQUESTING THE COUNTY BOARD OF SUPERVISORS TO ADOPT A RESOLUTION REQUIRING THE APPROVAL OF ANY AFFECTED CITY PRIOR TO THE LOCATION OF A MAGNETIC -LEVITATION TRAIN TERMINAL WHEREAS, the State of California recently enacted Assembly Bill 1839 as State law; and WHEREAS, this law is directed to the ultimate development of an Ontario -Las Vegas Magnetic Levitation Train Project through a Bi-State Commission: and WHEREAS, our State Senator Ruben Ayala inserted a provision that the terminal for this project could be located in San Bernardino County only with the County's approval; and WHEREAS, this same principal of local control should also be extended to the City that will ultimately have the terminal located within its City limits; and WHEREAS, the County of San Bernardino can ensure the consistency of the Magnetic Levitation Project with local planning goals by requiring prior approval for the municipality affected; NOW, THEREFORE, BE IT RESOLVED by the Grand Terrace City Council that the San Bernardino County Board of -Supervisors is requested to enact a resolution declaring its intent to require that a terminal for the Magnetic-Leviation Train Project could be located only with the affected City's prior approval. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Grand Terrace, California to be affixed this 12th day of November, 1987. Resolution No. 87- ADOPTED this 12th day of November, 1987. ATTEST: 21 City Clerk of the City of Grand Terrace and of the City Council thereof. Approved as to form: City Attorney 19 Mayor of the City of Grand Terrace and of the City Council thereof. "SAM CURTIS DAY" November 20, 1987 WHEREAS, Sam CuAtiz has been a dedicated Councit- member 6oA ,the City o6 Rc.a,t to 6m the past eleven yeanz, and has eontoibuted many houns to the betterment o6 the.in community; and WHEREAS, Sam Cuntiz has served an Mayon Poo Tempone, and because he zeoved with ouch vvgoA and enthusiasm, he wa.6 eteeted to senve a two-yeaA period instead o4 the noomat one- yeaA pe, i.od; and WHEREAS, Sam Cuntio senved many yeanz as a teaeheA bon the San BeAnandino City SehooZz wheke he net,ined; and WHEREAS, Sam CuAtiz vz a membeo o6 the San Bennandino County Aikpont Land -Use Commission; and WHEREAS, Sam Cutr tips is a member o6 the Witionian C.tub and has served as PAesident 60A two dk66enent teams; NOW, THEREFORE, I, Bynon R. Ma,ttesou, Mayon 06 the City Q Grand TeAnaee, on behat6 o6 the evzttne C.c.ty Cou;gcK, do hereby p4oakun Fn.tday, NovembeA 20, 1987, as "SAN CURTIS DAY," acid 6aAfk! ca.tt upom K? c,tizeos u( Gmad Twace to extend thet4 best tvc51i.e5 to h,un thhuugh .the, coming{ yeaAs. Mayon o{ the City of GAaad TenAace a"d of .the City Cowt&t theneu 1. This, 12th day u{ Novembe7, 1987. -> PQPNC1L AGENDA ITEM � n VOUCHREG DATE 11/03/87 VOUCHER/ VENDOR VENDOR CHECK NUMBER NUMBER NAME P5324 6720 SO.CA.EDISON COMPANY P5325 6730 SO.CA.GAS COMPANY P5326 BING'S CATHAY INN P5327 6720 SO.CA.EDISON COMPANY P5328 6730 SO.CA.GAS COMPANY P5329 6720 SO.CA.EDISON COMPANY P5330 6730 SO.CA.GAS COMPANY P5332 6720 SO.CA.EDISON COMPANY P5333 6730 SO.CA.GAS COMPANY P5334 6496 SAB BERNARDINO,COUNTY P5335 6720 SO.CA.EDISON COMPANY P5336 6730 SO.CA.GAS COMPANY P5337 LAKE ARROWHEAD HILTON P5338 PINE COMPUTER CO. P5339 4895 N C R CORPORATION P 5 3 4 1 A 6 5 1 P5342 6720 P5343 6730 P5344 6720 P5345 6730 CITY OF GRAND TERRACE VOUCHER/CHECK REGISTER FOR ALL PFRIODS ITEM DESCRIPTION CASH PAYT.10/151SCE CASH PAYT.10/15,SCG DEPOSIT,AWARDS BANQUET CASH PAYT.10/161SCE CASH PAYT.10/169SCG CASH PAYT.10/199SCE CASH PAYT.10/199SCG CASH PAYT.10/2.19SCE CASH PAYT.10/219SCG OF RECORD FEESiRELEASE LIENS CASH PAYT.10/237SCE CASH PAYT.10/23vSCG CITY/COUNTY CONFgLAKE ARROW. INSTALL HARD_DRIVE/COMPUTE_R MEMORY EXPANSIOM/COMPUTER RIBBONS/PRIN'TER RIBBONS/PRINTER MASTER LEASE CORPORATION_ LEASE LARGE COPIER 10/87 SO.CA.EDISON COMPANY CASH PAYT.10/289SCE SO.CA.GAS COMPANY CASH PAYT.10/289SCG SO.CA.EDISON COMPANY CASH PAYT.10/309SCE SO.CA.GAS COMPANY CASH PAYT.10/319SCG TOTAL CHECKS PAGE 1 CHECK REGISTER NO.11128/ ITEM CHECK AMOUNT AMOUNT 261.72 261.72 100.42 100.42 100.00 100.00 81.04 81.04 68.72 68.72 43.48 43.48 81.10 81.10 62.44 62.44_ 52.46 52.46 27.00 27.00 440.74 440.74 96.08 96.08 100.60 100.60 385.54 91.92 477.46 24.85 24.86 49.71 556.15 556_.15 151.15 151.15 58.90 58.90 492.05 492.05 141.37 141.37 3,442.59 VOUCHREG COF GRAND TERRACE PAGE 1 DATE 11/06/87 VOR/CHECK REGISTER FOR ALL PERIODS VOUCHER/ VENDOR VENDOR ITEM CHECK NUMBER NUMBER NAME DESCRIPTION 5346 5660 POSTMASTER-COLTON SEWER POSTAGE 5347 5583 PETTY CASH PETTY CASH-kEC 5348 4110 KICAK E ASSOCIATES 9/21-10/18/87 - - 9/-2-1-10/1-8/87-- --- 9/21-10/18/87 9/21-10/18/87 --- -- -- -- - ----- --- -- - --9/21-10/18/8.7 - 5349 6720 SO.CA.EDISON COMPANY CASH PAYMENTS 5350 6730 SO.CA.GAS COMPANY CASH PAYMENTS --- 17 5 7-7------- --C-A L-I-F-O R NJ -.A- P A R K S-- E-R E-C R-E A T-I-ON---GP-RS--M Ell B E-RS H I P------------ ----- - 17578 - MELVIN A. ORSER DONATION REFUND 17579 JANELLE PARKS APPEAR FEE TOUR DE TERRACE -----1-7580- - -- - THURLOW-ROGERS--- APPEAR -FEE -TOUR DE TERRACE 17581 DEPARTMENT OF TRANSPORTATION LIGHTS 215/BARTON 9/87 17582 HARRY ARMSTRONG REIMB PRE-ALT FEE ------17583----- ------------- -ATlrT --- -- ---- - ----EOG--PHONE RENTAL--------------- 17584 NEENA BAKSKI REF PRENAT EXER 17585 HOLLY JAMESON REF PRENAT EXER -------17586 - - ---- MICHELL--E BECK - BALLOONS -TINY TOTS -- 17587 LARRY HAYWOOD W.W.D. REFUND 17588 STEVE OLIVER W.W.D. REFUND 17589 ERNIE WOODHOUSE W.W.D. REFUND 17590 ARTHUR ADAME W.W.D. REFUND 17591 PAUL WASEMILLER W.W.D. REFUND 17592 1010 A-1 LOU'S RENTAL RENT ROTO TILLER 17593 1024 ACCENT PRINT E DESIGN POSTERS-H 6 C COMM 17594 1134 ALL PRO CONSTRUCTION OTHER/STREETS M/V REMOVE DIRT -STORM DRAIN V/B REMOVE DIRT -STORM DRAIN ITEM AMOUNT 500.00 100.00 5,779.50 477.63 19054.42 792.15 - - 59550.10 122.42 130.58 - - 80.00 100.00 100.00 100.00 636.89 10.00 -4.35 15.00 15.00 39.25 8.00 5.60 16.00 8.00 8.80 39.60 17.22 603.75 19357.00 29438.00 CHECK AMOUNT 500.00 100.00 13,653.80 122.42 130.58 f 80.00----- --- 100.00 100.00 100.00 636.89 t 10.00 -4.35- --- 15.00 15.00 39.25-- - 8.00 5.60 16.00 8.00 8.80 39.60 17 .22 4,398.75 VOUCHREG CIOF GRAND TERRACE PAGI' l DATE 11/00/87 VOU. aR/CHECK REGISTIR FOR ALL PERIODS VOUCHER/ VENDOR VENDOR ITEM ITEM CHECK CHECK NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT 17595 1360 BASTANCHURY BOTTLED WATER RENT WATER COOLERS 1.00 BOTTLED WATER,C/C 11.50 BOTTLED WATER,C/C 5.75- RENT WATER COOLERS 42.00 r BOTTLED WATER,C/C 36.75 ------- - - -- -- - - -- RENT-WAT-ER--COOLERS 1.00 BOTTLED WATER,C/C 5.75 92.25 - --17-596 - - 1384- BEL-TRON COMPU-TER-SY-STEMS - INST DISK--Dk- COMPUTER--- - 434.60 434.60 - 17597 1748 CONSTANCE CHAPMAN CLEAN R/R PARK 80.00 { --CLEAN-R/R -PARK --------- - - - - 80.00 160.00 17598 1749 CHEMLAWN WEED CONTROL 225.00 225.00 E 17599 1840 COLTON, CITY OF W.W.D. SERVICE 19075.38 19,975.38 ----17600- - - 1850---- COL-TON--COUR-IER------ - -- - ----SUBSC-R-HEC- COMM - 10.00 10.00 - 17601 1862 COLTON HIGH SCHOOL AD COLTON YEARBOOK 50.00 50.00 a 17602 1877 CONLIN BROTHERS SOFTBALLS FOR RECREATION 610.56 610.56 I LOCAL-M-I-L-E-AGE - -- - 25.88 ---- LOCAL MILEAGE 15.25 41.13 f --- 17604-- - 1912 - 3D-COMPUTER SUPPLY PRINTER RIBBONS 31.80 31.80 - - 17605 1914 CUSTOM FOLD DOORS • REPAIR DOOR, C/C 500.00 c -- -- --- - -- - - --- - - - REPAIR-DOOR,COM.ROOM - - 400.00 900.00 - - 17606 2045 DIAMOND SECURITY SYSTEMS LEASE SECURITY SYSTEM 75.00 75.00 17607 2160 DOG SHOW SPECIALTIES RIBBONS FOR RECREATION 62.49 RIBBONS,HIST E CULT. 5.40 67.89 17608 2665 FOOTHILL JOURNAL AD PUB HEARING 123.98 123.98 17609 2867- G.T.MAILERS --- MAIL PICK-UP,GT MAILERS 25.00 25.00 17610 2868 GRAND DINNER THEATRE DEP REC SHOW 100.00 100.00 17611 3150 HARBER COMPANY REMOVE DIRT-V/B,WARBLER 500.00 500.00 17612 3853 JONATHAN GREY E ASSOC. CITY PINS 802.00 802.00 17613 4347 LEAGUE OF CALIFORNIA CITIES C/C SEMINAR 135.00 LCC CONF MONTEREY 120.00 255.00 17614 4356 KELLIE GRIFFITH LEMON DANCE INSTRUCT 105.00 105.00 VOUCHREG C OF GRAND TERRACE PAGF 3 DATE 11/06/87 VO FR/CHFCK REGISTIR FOR ALL PERIODS VOUCHER/ VENDOR VENDOR ITEM ITEM CHECK CHECK NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT 17615 4470 LOMA LINDA DISPOSAL TRASH PICK-UP,C/C 38.35 TRASH PICK-UP?PARK 38.35 76.70 17616 4483 LOS AMIGOS LANDSCAPE MAINT.C/C 120.00 LANDSCAPE MAINT.C/C 880.00 19000.00 17617 4658 BYRON MATTESON LCC CONF/S.F. 105.37 105.37 -- --17618- 4662--- RENEE MC CARTHY - LOCAL MILEAGE 35.00 35.00 17619 4890 JEAN MYERS CROSSING GUARD 10/5-10/16/87 127.20 --- ----- ---- - -- ---- - - --- - ---- --- - - -C-ROS-SING-GUARD-10/19-10/30/87---- -- 127-.20 254.40 17620 4995 N.J. FREIS/PROMOTIONAL HEMS BUTTONS/RIBBONS 423.97 423.97 17621 5450 OTIS ELEVATOR COMPANY MAINT.ELEVATORsC/C 193.88 193.88 - --1-762-2- 5529 PACIFIC BELL EOC PHONE 36.52 CIVIC CEN PHONE 834.78 DAY CARE PHONE 23.56 894.86 17623 5535 PAGING PLUS RENT PAGER 29.00 RENT PAGER 29.00 58.00 17624 5545 PETRA ENTERPRISES P/W.PERMITS,BLDG.ESAFETY 313.46 OFFICE SUPPLIES 97.86 --- ------ - - - -- - - ----CERT-IFICATESgPOSTER CONTEST 48.62 MAILING LABELS 175.86 635.80 ---1762-5-- 5555- -PERRY'S STATIONARY AND OFFICE SUPPLIES 25.52 - OFFICE SUPPLIES 14.15 OFFICE SUPPLIES 15.3Z -- ------ --- - - --- - - - - --- - - --- - OFFICE --SUPPLIES - - -- 14.80 OFFICE SUPPLIES 61.26 OFFICE SUPPLIES 27.17 -- ----- - - - OFFICE SUPPLIES Z2.37 OFFICE SUPPLIES 30.70 OFFICE SUPPLIES 18.92 - OFFICE SUPPLIES 7.36 OFFICE SUPPLIES 7.36 OFFICE SUPPLIES 41.29 OFFICE SUPPLIES 41.29 327.51 17626 5555 PERRY'S STATIONARY AND OFFICE SUPPLIES 45.10 OFFICE SUPPLIES 8.19 OFFICE SUPPLIES 58.00 OFFICE SUPPLIES 45.10 OFFICE SUPPLIES 7.17 163.56 17627 5583 PETTY CASH DAY C.tRE/PETTY CASH 181.33 181.33 VOUCHREG CITY OF GRAND TERRACE DATE 11/06/87 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ VENDOR VENDOR ITEM CHECK NUMBER NUMBER NAME DESCRIPTION 17628 5670 PRESS ENTERPRISE COMPANY LEGAL ADS LEGAL ADS LEGAL ADS 17629 5696 PROGRAMMED FOR SUCESS,INC. COMP.DISKS 17630 6275 RIVERSIDE BLUEPRINT DRAFTING SUPPLIES 17631 6285 -RIVERSIDE HIGHL-AND WATER CO FIRE STAT WATER CIVIC CENTER WATER BARTON/PALM WATER - - - MT VER/ARLISS WATER PARK/DE BERRY WATER PARK, MERLE CT WATER 17632 6314 RANDY RUFFNER KARATE INSTRUCTOR-REC - 17633 6420- ----SAGRAMEN-T-O-NEWSL-E-T-TER- - - -SUB--SAC- NEWS -8-74-88- -- - - 17634 6453 SAN BERNARDIN09COUNTY OF AMEND TAX BILLS (4) 17635 6458 SAN BERNARDINO,COUNTY OF PAPER FOR COPIER -----17 6-3 6 -- - -6 5-2-1---- S-A N--B E R-N A-R D-I-N O-,-CO U N-T-Y-O F--- - -- -- 86-/-8-7-A N L-CON-T-R-OL-- -- ------ 17637 6555 SAN BERNARDIN09COUNTY OF DUMPING CHARGES --- - -- ---- -- - ----- - ---- - - -- - - ---- ---DUMP-I N G--CHARGE-S=- -- ---- -- - --- 17638 6680 LOUISE SMITH KROY RIBBONS --- -- -- -- ---- ------ ---- -- -- - - AD --MARKERS --- -- - 17639 6681 SMART £ FINAL IRIS COMPANY HALLOWEEN CANDY/BALLOONS 17640 6683 SOFTWARE WIZARD SPELL -CHECK FOR MICOM =-----1764-1 - -6720 ----SO-.-C-A-.E-DI-SON-COMPANY - ----GITY--BLDGS-ELEC----- - - - --- - CIVIC CEN ELEC BAR/PALM ELEC - --- -- BALL PARK--LGTS- ELEC SIGNALS ELEC SPRINK/PARK ELEC 17642 6730 SO.CA.GAS COMPANY CITY BLDG GAS CITY BLDG GAS (2) 17643 6844 THE SUN AD, REC.LEADER LEGAL ADS LEGAL ADS LEGAL ADS - LEGAL ADS A LEGAL ADS PAGE 4 ITEM CHECK AMOUNT AMOUNT 20.46 19.80 194.04 234.30 129.02 129.02 48.98 46.98 127.68 - 355.46 44.44 3 9 .-2 0 -- - - -- - 19224.75 409.72 29201.25 135.00 135.00 - - 35.00 -35.00--- -- 50.00 50.00 232.80 232.80 100.30 -- -25.00 --1Zb.-30---- 58.03 87.97 87.97 300.00 300.00 108.82 - - - ------ - 39010.60 6.00 178.77 - -- - - 288.90 15.51 3,608.60 9.53 23.01 32.54 28.16 22.89 22.46 34.93 13.43 23.32 C VOUCHREG ITY OF GRAND TERRACE PAGE 5 DATE 11/06/87 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ VENDOR VENDOR ITEM ITEM CHECK CHECK NUMBER NUMBER NAME DESCRIPTION AMOUNT AMOUNT LEGAL ADS 120.93 266.12 17644 7309 UNION OIL CO.OF CALIFORNIA FUELgTRUCN./LAWNMOWER 69.76 69.76 17645 7788 LAURA WATSON GUITAR INSTRUCTOR REC 64.00 64.00 TOTAL CHECKS 75 016.64 PAYROLL OCTOBER, 1987 71,845.65 1 I CERTIFY THAT, TO THE"B"EST OF MY KNOWLEDGE, THE AFORELISTED-CHECKS FOR -PAYMENT -OF CITY "LIABILITIES HAVE "BEEN --"- - -� -" a AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. THOMAS SCHWAB FINANCE DIRECTOR - - - -"--------"" " -- - — ----- /3/ STAFF REPORT 11 C R A IiEM ( ) COUNCIL ITEM (KX) MEETING DATE: November 12, 1987 AGENDA ITEM NO. SUBJECT RETIREMENT PLAN FORMAT MODIFICATIONS FUNDING REQUIRED NO FUNDING REQUIRED xx In order to conform to the requirements of the State Controller's Office regarding auditing and filing annual reports on Retirement Plans for public employees, it is necessary to amend our plan so the Plan Year coincides with the City's fiscal year and our annual audit. This proposed amendment will also define an "eligible employee" for participa- tion in the Plan and adjust the eligibility requirements for participation so no employee will be adversely affected by this amendment. As per Article XI, Section 11.01 regarding Plan amendments, no present participant of the Plan's status will be changed by this amendment. Staff recommends that Council: ADOPT RESOLUTION 87- AMENDING THE CITY OF GRAND TERRACE EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND TRUST AGREEMENT. bm COUN:CIC AGENDA ITEM # �� RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 79-49, AND ADOPTING AN EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RELATED TO SAID PLAN BY THE CITY MANAGER. WHEREAS, Resolution No. 79-49 established a Defined Contribution Retirement Plan for its employees who are and will be rendering valuable services to the City; and WHEREAS, it is intended that said Plan shall be in accordance with Federal and State laws and regulations: 4r' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DETERMINE, AND DEMAND AS FOLLOWS: SECTION 1. That Resolution No. 79-49 is hereby rescinded in its entirety. SECTION 2. That the Defined Contribution Retirement Plan, established by Council effective November 30, 1978, attached hereto and incorporated herein as Exhibit "A", is to remain in effect until terminated by further resolution of the City Council. SECTION 3. That the City Manager is hereby designated as trustee and authorized to cause to be issued deposits amounting to 12.4% of the City employees' gross salaries. SECTION 4. That the City Manager is hereby appointed to administer the Plan on behalf of the City and is authorized to execute all documents and agreements necessary to implement and administer the Plan. ADOPTED this 12th day of November, 1987. ATTEST: City Clerk of the City of Grand Mayor of the City of Grand Terrace and of the City Council Terrace and of the City Council thereof. thereof. Approved as to form: City Attorney IN EXHIBIT "A" Resolution No, 87- Adopted November 12, 1987 CITY OF GRAND TERRACE EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND TRUST AGREEMENT 11 21 I TABLE OF CONTENTS PAGE PREAMBLE ARTICLE I - DESIGNATION OF TRUST AND DEFINITIONS 1.01 Title 1 1.02 Beneficiary 1 1.03 City Council 1 1.04 Break -In -Service 2 1.05 Code 2 1.06 Committee 2 1.07 Compensation 2 1.08 Effective Date 2 1.09 Anniversary Date 2 1.10 Employee 2 1.11 Employer 2 1.12 ERISA 3 1.13 Hour of Employment Service 3 1.14 Normal Retirement 3 1.15 Plan 3 1.16 Plan Year 3 1.17 Participant 4 1.18 Disability 4 1.19 Trustee 4 1.20 Year of Service 4 1.21 Limitation Year 5 1.22 Entry Date 5 ARTICLE II - ELIGIBILITY AND MEMBERSHIP 2.01 Eligibility Requirement 5 2.02 Leaves of Absence 5 ARTICLE III - EMPLOYER CONTRIBUTIONS 3.01 Employer Contributions 6 ARTICLE IV - ALLOCATIONS TO PARTICIPANTS ACCOUNTS 4.01 Accounts 6 4.02 Valuation of Accounts 6 4.03 Allocation of Employer Contributions and Forfeitures 7 4.04 Statement of Accounts 10 1 PAGE ARTICLE V - VESTING AND BENEFIT ENTITLEMENT 5.01 Vesting 10 5.02 Forfeitures 11 ARTICLE VI - DISTRIBUTION OF BENEFITS 6.01 Methods of Distribution 11 6.02 Time of Distribution 13 6.03 Loans to Participants 15 6.04 Application of Benefit of Former Participant 16 6.05 Nonliability 16 6.06 Benefit Claims Procedure 16 6.07 Return of Prior Distributions 17 ARTICLE VII - BENEFICIARIES 7.01 Designation 18 7.02 Absence of Valid Designation of Beneficiaries 18 ARTICLE VIII - CONTRIBUTION OF MEMBERS 8.01 Voluntary Contributions 18 8.02 Separate Administration and Accounts for Participant Contributions 19 8.03 Vesting 19 8.04 Withdrawal of Voluntary Contributions 19 8.05 Distribution 1 19 8.06 Designation of Beneficiaries 19 ARTICLE IX - THE TRUSTEE 9.01 Acceptance of Trust 20 9.02 The Committee Shall Direct Investments 21 9.03 General Powers of the Trustee 22 9.04 Books and Records 24 9.05 Valuations 24 9.06 Life Insurance 24 9.07 Distributions 26 9.08 Resignation or Removal of Trustee 26 9.09 Taxes, Expenses and Compensation of the Trustee 27 9.10 Miscellaneous 27 1i PAGE ARTICLE X - THE ADMINISTRATIVE COMMITTEE 10.01 Appointment of Committee 28 10.02 Administration of Plan 28 10.03 Compensation of Committee 29 10.04 Fiduciary 29 10.05 Delegation of Responsibilities 29 ARTICLE XI - AMENDMENT AND TERMINATION 11.01 Amendment 29 11.02 Termination or Partial Termination or Complete Dis- continuance of Contribution 30 11.03 Determination by Internal Revenue Service 30 ARTICLE XII - STANDARD OF CONDUCT OF FIDUCIARIES 12.01 Standard of Conduct 30 ARTICLE XIII - MISCELLANEOUS 13.01 Limitation of Rights; Employment Relationship 31 13.02 Merger; Transfer of the Assets 31 13.03 Merger or Consolidation of Plan 32 13.04 Transfers from Other Qualified Plans 32 13.05 Return of Prior Distributions 32 13.06 Indemnification 32 13.07 Headings 33 13.08 Counterparts 33 13.09 Purpose 33 A III IJ IM CITY OF GRAND TERRACE EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND TRUST AGREEMENT THIS AGREEMENT is called "CITY OF GRAND TERRACE EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND TRUST" and hereinafter referred to as the "Trust," by and between CITY OF GRAND TERRACE, a California Corporation, hereinafter referred to as "Employer," and SETH-ARMSTEAB-aed-EBWARB-R.-6EARK, THOMAS SCHWAB, Individuals as Trustees, and the4r-his successor, or successors, hereinafter referred to as the "Trustee(s)." WITNESSETH ARTICLE I DESIGNATION OF TRUST AND DEFINITIONS 1.01 TITLE. This Retirement Plan and Trust shall be known as CITY OF GRAND TERRACE EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND TRUST. The Plan and Trust are designed and intended to qualify under the appropriate provisions of the Internal Revenue Code, ERISA, and the California Revenue and Taxation Code. 1.02 "BENEFICIARY" shall mean person(s) entitled under the provisions of this Plan to receive benefits after the death of a Participant. 1.03 "CITY COUNCIL" shall mean the members of the City Council of the Employer. 1 1.04 "BREAK -IN-SERVICE" shall mean with respect to any Employee any Plan Year in which such Employee does not complete, in the aggregate, more than 500 hours of service. A former Participant who had a non -forfeitable right to all or a portion of his account balance derived from Employer contributions at the time of his termination shall receive credit for all Years of Service prior to his Break -In -Service upon completing a Year of Service after his return to the employ of the Employer. A former Participant who did not have a non -forfeitable right to any portion of his account balance derived from Employer contribu- AW at the time of his termination shall receive credit for Years of Service prior to his Break -In -Service if (1) he completes a Year of Service after his return to the employ of the Employer and (2) the number of consecutive one year breaks in Service is less than the aggregate number of Years of Service before such break. 1.05 "CODE" shall mean the Internal Revenue Code of 1954, as amended, or any similar statutory provisions, hereinafter enacted. Where reference is made herein to any specific section of the Code, such reference shall be deemed to refer to such specific section or to any similar statutory provisions hereafter enacted in lieu of such specific section. 1.06 "COMMITTEE" shall mean the Retirement Plan Administrative Committee appointed by the City Manager. 4 1.07 "COMPENSATION" shall mean the full regular basic salary and/or hourly wages, overtime, exclusive of health and welfare or any other payments, before deductions authorized by the Employee or required by law to be withheld from the Employee by the Employer. 1.08 "EFFECTIVE DATE" The effective date of the Trust on and after which date all action contemplated or permitted under its terms may be performed shall be December 1, 1978. 1.09 "ANNIVERSARY DATE" shall mean the last day of each Plan Year. 1.10 "ELIGIBLE EMPLOYEE" shall mean a person employed by the Employer apy-pe�t�ep-ef-wpese-�peeme-}s-seb�eet-te-w}tbbe��e�-ef-feeeme tax3-as-wel•�-as-apy-etbew-pewsep-geal•i•fy�RQ-aS-a-ee�a�ep-1•aw eFRp4eyee-ef-the-Efp4eyer- in a regular, permanent capacity as defined by the employer. The designated 6 month probationary period does not exclude the employee from being considered as having been hired in a "permanent capacity". 1.11 "EMPLOYER" shall mean CITY OF GRAND TERRACE, a California Corpora- tion, or any successor of affiliate corporation which may adopt this Plan. 2 1.12 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended from time to time. 1.13 "HOUR OF EMPLOYMENT OR SERVICE" shall mean: (1) Each hour for which an employee is directly or indirectly paid, or entitled to payment, by the Employer for the performance of duties. These hours shall be credited to the computation period in which the duties are performed. (2) Each hour for which an Employee is directly or indirectly paid, or entitled to payment, by the Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), 4 layoff, jury duty, military duty or leave of absence. These hours shall be credited to the computation period or periods to which such hours pertain, rather than the computation period in which payment is made. (3) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the employer. These hours shall be creddited to the computation period or periods to which the award or agreement for back pay pertains, rather than to the computation period in which the award, agreement or payment is made. The same hours of service shall not be credited both under paragraph (1) or paragraph (2) above, as the case may be, and under this paragraph (3). Computation periods determined under this definition shall be computated with reference to Department of Labor Regulations 2530.200 b-2(b) and (c). 1.14 "NORMAL RETIREMENT" shaTl mean the Participant's 60th birthday or ten (10) years from the Entry Date in the Plan as a participant, whichever is later, at which time a Participant shall be 100% vested. A Participant who continues in the employ of the Employer after he reaches Normal Retirement Age shall continue to partici- pate in the Plan and have contributions allocated to his account. When such Participant subsequently retires, he shall then be entitled to benefits under the Plan payable in the same manner as if he had retired at Normal Retirement Age. 1.15 "PLAN" shall mean the Retirement Plan set forth herein and any amendments hereto. 1.16 "PLAN YEAR" shall mean the accounting period from 9eeeFRber-lst tbreu9h-a9veFRber-30tb- July 1 through June 30. 3 1.17 "PARTICIPANT" shall mean any Eligible Employee who meets the eligibility requirements specified in ARTICLE II hereof. 1.18 "DISABILITY" shall mean the mental or physical inability of the Participant to perform his normal job as evidenced by the certifi- cate of a medical examiner satisfactory to the Employer certifying that such condition is likely to be permanent. 1.19 "TRUSTEE" shall mean SETH-ARMS€EAB-and-EBWARB-R:-GLARk THOMAS SCHWAB, Individuals, or any successor trustee of the Trust estab- lished pursuant to this Plan 1.20 "YEAR OF SERVICE" shall mean: thw a. For purposes of vesting and-e449464}4ty-te-part4e4pate-in the Plan, and-exeept-as-proy4ded-4n-k64-heree€;-"Year of Service" means a 12-consecutive-month period during which an Employee has at least 1,000 Hours of Service, with such period commenc- ing on either (i) the Employment Commencement Date, or (ii) the first day of the first Plan Year following the Employment Commencement Date if he has less than 1,000 Hours of Service during the 12-month period beginning on the Employment Commencement Date. lR-any-eyeRt;-after-an-EFHp;eyee-beeeFRes-a Partieipant;-After the initial year, Years of Service shall be measured by Plan Years, beginning with the first Plan Year immediately following the employment commencement date. h- Fen-purposes-a€-deterFfl4n4Rg-the-el4g4b4}4ty-a€-an-EFRp4eyee-te part�e�pate-fin-the-Ryan-a€ter-he-has-hest-h}s-states-as-a Part�e�paRt-�R-the-Ryan-dbe-te-his-hav�nQ-�Reerred-a-Break-�R- Serv4ee3--'Year-e€-Sery4ee-'-feans-a-l2-eenseebt4ye-Tenth-per4ed dbr�RQ-wh�eh-that-E��eyee-has-a-feast-1:;9AA-Hebrs-a€-Seri}ee; with-seeh-perted-ea��eRe�Rg-en-ether-4i:}-�R-the-ease-e€-an Efpleyee-whese-sery4ees-w4th-the-GeFflpany-d4d-net-terf}nate-}R the-P4an-Year-4R-wh4eh-he-4nearred-h4s-last-Break-IR-Sery4ee; er-4444-4R-the-ease-a€-aR-EFRp;eyee-whese-sera}ee-w}th-the Cefpany-terf}Rated-4n-the-P;aR-Year-4R-wh4eh-he-4Rearred-h4s Oast-Break-tR-Serv}ee;-the-Efpleyee=s-Efp4eyfent-6efFfleneefent Bate-Rext-€el�ew4ng-sa4d-terf4Rat4on-a€-sery4ee-er-the-€4rst day-e€-the-€4r5t-P4an-Year-€e4ew4Rg-sa4d-Efpleyfent-GeFR- FfleReefeRt-date-4f-the-Efp4eyee-has-4ess-than-I;A98-Hours-of Ser��ee-dbri:Rg-the-l2-Tenth-peri:ed-heg}RR}RQ-eR-sa}d-E�p�ey- fent-GeffeReefeRt-date: C. For purposes of vesting, all years of service with the employer will be considered, including years in which the employee declined to participate in the plan and years the employee was in a category of employees excluded from the plan (i.e., hourly employees, employees covered under collectively bargained agreements, non-resident aliens, etc.) unless such service may otherwise be properly disregarded. 4 1.21 "LIMITATION YEAR" shall mean the plan year as defined herein. 1.22 "ENTRY DATE" shall mean for the initial Plan Year the Effective Date and thereafter it shall be the last day of the Plan Year. ARTICLE II ELIGIBILITY AND MEMBERSHIP 2.01 ELIGIBILITY REQUIREMENT. Except for any Employee who is covered by a collective bargaining agreement where retirement benefits are subject to good faith bargaining, an Employee shall become a Participant in this Plan as follows: (a) The Participation of any Eligible Employee shall commence as 4. of the-4ast-day-e€-the-Plan-Year-€e44ew4mg the employment commence- ment date, prev4ded7-heweyer7-that-the-Emp4eyee-4s-efpleyed-en-the 4ast-day-of-seeh-P4an-Year-4n-wh4eh-part4e4pat4em-eemfemees. Eb4--- Netw}thstapd4no-anyth4ng-te-the-eeptrary-eeeta4Red-here4m- abeye;-a-€ermer-part4e4paet-whe-4s-re-efp4eyed-€e4lew4eg-a-Breah- 4R-Sery4ee-shall-aga4n-beeefe-a-Part4e4papt-enly-a€ter-aga4n Ffleet4Rg-the-el4g4b444ty-rege4reRiepts-a€-Seet4ep-2-gl-heree€---The date-a€-part4e4pat}eR-heweyer;-shall•-be-retreaet4ye-te-the-date-of sa4d-re-efp4eyfeet- 4e4--1€-ae-Emp4eyee-whe-has-met-the-el4g4b4}4ty-requ4reRiepts separates-€�e�-Se�v�ee-p��e�-te-beee��eg-a-Ra�ti;e}papt-gip-the-Rap apd-#s-sbbsegaeet�y-�e-e�p�eyed-pw#e�-te-�pebe��pg-a-Beak-l:p- Serv}ee;-seeh-Efp;eyee-shall-beeefe-a-Part}e4papt-as-e€-the-;ast day-of-the-P;aR-Year-l:ffed#ate4y-preeed4ng-seeh-re-efp4eyfeet-date- 2.02 LEAVES OF ABSENCE. No Employee shall be deemed to have suffered a Break -In -Service if his employment is interrupted because such Employee has been on a leave of absence with the consent of the Employer, provided that he returns to the employ of the Employer at the expiration of such leave. Leaves of Absence shall mean leaves granted by the Employer, in accordance with rules uniformly applied to all Employees, for reasons of health or public service or for reasons determined by the Employer to be in its best interest. A Break -In -Service shall likewise not be deemed to have occurred while an Employee is a member of the Armed Forces of the United States provided that he returns to the service of the Employer within 90 days (or such longer period as may be prescribed by law) from the date he first became entitled to his discharge. Employees who do not return to the employ of the Employer within 30 days following the end of a leave of absence or within the required time in the case of service with the Armed Forces, shall be deemed to have terminated Service as of the effective date of said leave of absence (unless such failure to return was the result of death, Total Disability or approved early deferred or Normal Retirement). 5 ARTICLE III EMPLOYER CONTRIBUTIONS 3.01 For the Employer's first Plan Year in which this Plan is in effect and for each Plan Year thereafter, the Employer shall make contri- butions to the Trust, in one or more installments in such amounts as the Employer may determine, provided that (a) the amount of such contribution, or the formula for determining such amounts, shall be agreed upon and communicated to the Participants prior to the end of each Plan Year; (b) the Plan Year for which each contribution is made shall be designated at the time of the contribution, (c) no contribution shall be made in excess of the current and/or accumu- lated revenues, (d) no contribution for any Plan Year shall exceed an amount which the Employer estimates will be deductible under Section 404(a)(3), including carry overs, or if applicable, Section 4, 404(a)(7) of the Code, and (e) no contribution for any Plan Year shall be made if the Employer estimates that such contribution would cause any Participant's annual addition for such Plan Year (as such term is defined in Section 403(b)(1) hereof) to exceed the limitation specified in Section 404(b)(1) hereof. ARTICLE IV ALLOCATIONS TO PARTICIPANTS ACCOUNTS 4.01 ACCOUNTS. For purposes of allocating the Employer's contributions and forfeitures, the Committee shall establish and maintain separate accounts in the name of each Participant. 4.02 VALUATION OF ACCOUNTS a. Within 90 days after the end of each Plan Year and within 90 days after the removal of resignation of the Trustee, the Trustee shall value the assets of the Trust on the basis of fair market values as of the close of the Plan Year (or the close of any shorter period ending with such resignation or removal). The Committee shall cause the assets of the Trust to be valued on a Participant's termination of employment if a change of 25% in the value of Trust assets has occurred since the last annual or interim valuation. As of any valuation date and prior to the allocation of Employer contributions and forfeitures for the Plan Year, the Committee shall allocate the increment of profits to or, as the case may be, charge the losses against the respective accounts of the Participants in proportion to the balances of such accounts as of the last preceding valuation date. If interim valuation adjustments are made, all Participants shall be treated alike. b. Notwithstanding the foregoing, segregated accounts held in accordance with the provisions of Section 6.02 shall be valued 1.1 separately on each valuation date, and the increment of profits shall be allocated to or, as the case may be, the loss shall be charged against each such account on a segregated basis. C. If the Trustee, in making such valuations, shall determine that the Trust consists, in whole or in part, of property not traded freely on a recognized market, or that information necessary to ascertain the fair market value thereof is not readily available to the Trustee, the Trustee may request the Committee to instruct the Trustee as to the fair market value of such property for all purposed under the Plan, and in such event the fair market value placed upon such property by the Committee shall be binding and conclusive. If the Committee shall fail or refuse to instruct the Trustee as to the fair market value of such property within a reasonable time after receipt of the Trustee's request, the Trustee shall take such action as it deems necessary or advisable to ascertain the fair market value of such property, including the retention of such counsel and independent appraisers, as it considers necessary, and in such event the fair market value determined by the Trustee shall be binding and conclusive. Fees incurred by Trustees in connection with appraisal for retaining legal counsel shall be borne 100% by the assets of the trust, and not by the Employer. 4.03 ALLOCATION OF EMPLOYER CONTRIBUTIONS AND FORFEITURES. a. The-EFflp4eyer's-eemtr4but4ons-4Re4us4ye-of-Forfeitures for the Plan Year shall be allocated among the accounts of the Participants in proportion to their total Compensation for the Plan Year provided, however, that the Employee is employed on the last day of such Plan Year for which said contributions are allocated. b. Notwithstanding anything to the contrary contained in sub- paragraph a. above, the following limitation shall apply in respect of the allocation of Employer's contributions and forfeitures to any Participant in any Plan Year. (1) Subject to the adjustments hereinafter set forth, the maximum annual addition to a Participant's account shall in no event exceed the lesser of: (a) $32,700; or (b) 25% of the Participant's Compensation for such Plan Year. 7 (2) For purposes of sub -paragraph (1) above, the term "annual addition" shall mean the sum for any Par- ticipant in any following amounts: (a) such Participant's allocable share of Employer contributions; (b) such Participant's allocable share of forfeitures arising on account of other Participants' Breaks -In - Service under Section 5.02 hereof; and 4 (c) the lesser of: (i) the amount of such Participant's voluntary contributions to the Plan (as such contributions are authorized under Section 8.01 hereof) in excess of 6% of such Participant's Compensation; or (ii) one-half (112) of such Participant's total voluntary contributions. -.1 (3) The limitation set forth in this Section 4.03 (b) of this ARTICLE IV with respect to any Participant who at any time has been a participant in any other defined contribution plan maintained by the Employer shall apply as if the annual addi- tions accrued to such Participant under all defined contribution plans in which the Participant has been a participant were derived from one plan. (4) The limitation of $32,700.00 imposed by Section 4.03(b) (1) above shall be adjusted annually for increases in the cost of living, in accordance with the Regulations issued by the Secretary of the Treasury pursuant to the provisions of Section 415(d) of the Code. (5) Corrective Adjustments. Should a Corrective adjustment to any Participant's account be required, in order to comply with the limitations herein con- tained, the annual addition to such account shall be reduced by one or more of the following adjust- ments, in the order set forth and to the extent necessary to obtain compliance with the Section 4.03. - 8 - -� ( i ) By returning to such Participant all or the necessary portion of any voluntary contributions under Section 4.03(b)(2)(c) hereof; (ii) By reallocating to all other Participants in the Plan not subject to Section 4.03(b), in proportion to their compensation for such Plan Year, that amount of Employer's contributions inclusive of forfeitures which is allocable to any Participant pursuant to Section 4.03(a) of this ARTICLE IV and which causes such Participant's annual addition to exceed the applicable limitation. (iii) By maintaining a suspense account for the excess forfeitures, pursuant to the provisions of Section 5.02(b), which, if allocated, would cause the limitations on annual additions to be exceeded. c. Notwithstanding anything to the contrary contained in this Plan, the following additional limitation shall apply to any Participant in any Plan Year who is covered by any defined benefit plan maintained by the Employer or by a corporation referred to in Section 4.03(b) as well as this Retirement Plan and/or any other defined contribution plan: (1) The rate of benefit accrual by such Par- ticipant in any such defined benefit plan and/or the amount of annual additions to 06 his account(s) in this Retirement Plan and/,or any other defined contribution plan will be reduced by the Committee to the extent necessary to prevent the sum of the defined benefit plan fraction and the sum of the defined contribution plan fraction of this Retirement Plan and/or any other defined con- tribution plan for any year from exceeding 1.4. (2) For the purpose of applying the limitations of this sub -paragraph the "defined benefit plan fraction" shall be determined by dividing the projected annual actual benefit of such defined benefit plan by the maximum projected annual actual benefit allowed by law; and the "defined contribution plan fraction" shall be determined by dividing the sum of the annual additions to a Participant's account(s) under such defined contribution plan(s) by the sum of the maximum amount of annual additions which could have been made for each year of service with the Employer. - 9 - 29 I 4.04 STATEMENT OF ACCOUNTS. The Committee shall submit to each Participant, within 120 days after the close of each Plan Year, a statement in such form as the Committee deems desirable set- ting forth the account balance of such Participant in his account(s). ARTICLE V VESTING AND BENEFIT ENTITLEMENT 5.01 VESTING. Amounts credited to any Participant's account shall not vest in any individual Participant except as: a. Full Vesting. The full amount credited to a Participant's account shall be deemed 100% vested in him at Normal Retire- ment Age, when his membership terminates by deferred retire- ment with the approval of the Employer, by death, or by reason of Disability. b. Partial Vesting. No part of the account of a Participant whose employment terminates for reasons other than Normal Retire- ment, deferred retirement with the approval of the Employer, death, or Disability, shall vest in him except in accordance with the following schedule: Years of Service 1 2 3 4 5 6 7 8 9 10 Vested Percentage of Such Participant's Account 0% 55% 65% 70% 75% 80% 8 5 is 90% 95% 100% c. Any Employee who separates from service and is re-employed prior to incurring a Break -In -Service will continue to vest, starting at the point in the vesting schedule where he left employment, -,n both his pre -separation and post -separation accrued benefit. d. The pre -creak service of a participant who separated from service with a non -forfeitable interest, or of a non -vested participant whose prior service cannot be disregarded under IRC - 10 - 411(a)(6)(D), will be considered for vesting purposes in the post -break account balance. An Employee must complete a year of service measured from his re-employment commencement date prior to taking all such service into account. 5.02 FORFEITURES. a. If any Participant suffers a Break - In -Service in any Plan Year for reasons other than Normal Retirement, deferred retirement with the approval of the Employer, death, or Disability, the vested portion of his account shall be determined as of the end of such Plan Year, with reference to the vesting schedule contained in Section 5.01 b. above. All amounts in such Member's account which are not vested shall be allocated as a forfeiture in the manner provided in Section 4.03. b. If in any year the forfeitures exceed the maximum amount that may be allocated, such excess forfeitures may not be allocated. A suspense account holding the unallocated forfeitures for any year or years may be maintained if (1) no employer contributions may be made at any time when their allocation would be precluded by IRC Section 415, (2) investment gains and losses and other income are not allocated to the suspense account, and (3) amounts in the suspense account are allo- cated as of each allocation date on which forfeitures may be allocated until the account is exhausted. ARTICLE VI DISTRIBUTION OF BENEFITS 6.01 METHODS OF DISTRIBUTION (a) STANDARD FORM In the case of a Participant who, on his retirement date or on the date of his death while employed by the Employer, is married, the Standard Form of retirement benefit shall be payable in lieu of any other form of retirement benefit unless he elects not to have the Standard Form apply to him. If he makes such an election, his benefits shall be payable according to an optional form, as provided in Section 6.01 (b). The Standard Form of retirement benefit shall be a monthly benefit payable for the life of the Participant and, commencing on the first day of the month following the month in which the Participant dies, a monthly benefit not less than 500 of and not to exceed 100% of the benefit Payable to the Participant under this Standard Form, payable for the life of the person who was his Spouse on his Retirement Date. 11 (b) OPTIONAL FORMS In lieu of the retirement benefits provided in Section 6.01(a), a Participant may elect to receive his benefit in another form. Other specific options available will be determined on a non- discriminatory basis by the Plan Administrator. Any benefits payable under an optional form shall be the Actuarial Equivalent of the benefit otherwise payable according to the Standard Form. Under any optional form the present value of benefits payable to the participant must exceed the present value of benefits payable to any other person unless the optional form provides benefits in the form of a joint and survivor annuity under which the Participant's Spouse is the contingent annuitant and periodic payments to the Spouse are no greater than those to the Partici- pant. Such present values shall be evaluated as of the Partici- pant's Retirement Date. Notwithstanding anything to the contrary, no Policy of life insurance shall be distributed to any Participant which contains any options not permitted under this Plan. The optional forms of benefit payments available under this Section shall be as follows: (1) Period -Certain and Life Option - A Participant may elect to receive a reduced Pension benefit until death; and if the Participant's death occurs within a period of five, ten or twenty years (as elected by the Participant), then payment of the Pension will be continued in the same amount to the person*or persons desig- nated by the. Participant for the balance of the five, ten or twenty-year period. (2) Contingent Annuitant Option - A Participant may elect to receive a reduced Pension payable during the joint lives of the Participant and another person as his contingent annuitant, so that, following the death of the Participant, payment of the Pension in the same amount or in an amount equal to 66 2/3'% of the Participant's reduced Pension (as elected by the Participant) shall continue to the contingent annuitant, if surviving, with the last payment to be made as of the first day of the month in which the death of the contingent occurs. (3) Lump -Sum _Rion - A Participant may elect to receive a lump -sum distribution in an amount equal to his Accrued Benefit earned to date. - 12 - (c) PROCEDURE FOR RECEIVING OPTIONAL FORMS OF BENEFITS (1) Election Period - Any election under this Section 6.01 must be communicated to the Plan Administrator in writing during an election period which shall be a period of 90 days immediately prior to the first day of the first period with respect to which an amount is to be received as a benefit; provided, however, that if the information is not supplied to the Parti- cipant within the period specified in Section 6.01 (c)(2), then the election period shall end on the 90th day following the date on which the last of the information is given. Any benefit paid to a Participant shall be reduced by the value of any 4, benefit already received by said Participant. (2) Information for Participant - Within a reasonable time after the first day of the election period, the Plan Administrator shall deliver to each Participant a written notification of the availability of an elec- tion to receive the benefit in another form and of the availability of information, upon the request of the Participant, of a written explanation in non- technical language of the terms and conditions of the joint and survivor annuity and the financial effect upon the Participant's Annuity (in terms of dollars per annuity payment) of making an election to receive the benefit in another form. This information must be provided to the Participant at least 9 months before the Normal Retirement Age. (3) Revocation of an Election - An election made to re- ceive the benefit in another form may be revoked in writing during the election period. After an election has been revoked, another election to receive the bene- fit in another form may be made during the election period. 6.02 TIME OF DISTRIBUTION a. It is the intent of the Employer that any Contracts purchased pursuant to Section 9.06 be converted to a non -transferable annuity to provide a Participant the amount of retirement benefit he is entitled to under the provisions of ARTICLE IV of this Plan. Additionally, notwithstanding anything herein to the con- trary, a Participant who has obtained the consent of his Eligible Spouse, or in the event there is no Eligible Spouse, the Participant alone, or in the event of the Participant's death, his beneficiary, may request the Committee to commute - 13 - the value of his retirement benefit or any death benefit not payable under a Contract and pay said commuted value to him in an immediate lump sum in cash within 180 days of the date of his entitlement to such retirement benefit. The Committee shall have complete discretion whether or not to honor such request. The payment of benefits under the Plan to a Participant will begin not later than the 60th day after the latest of the close of the Plan Year in which: (a) the date on which the Participant attains the earlier of the age 65 or the Normal Retirement Age spe- cified under the Plan; (b) occurs the loth anniversary of the year in which the Participant commenced participation in the Plan; or (c) the Participant terminates his service with the Employer. In the case of a plan which provides for the payment of an early retirement benefit, such Plan shall provide that a Participant who satisfied the Service requirements for such early retirement benefit, but separated from the Service (with any non -forfeitable right to an accrued benefit) before satisfying the age requirement for such early retirement benefit, is entitled upon satisfaction of such age requirement to receive•a benefit not less than the benefit to which he would be entitled at the Normal Retirement Age, actuarially reduced under regulations prescribed by the Secretary of the Treasury. b. When the Committee determines, in accordance with sub- paragraph a. above, that distribution to a Participant shall be deferred and distributed in the form of cash, the Committee shall direct the Trustee to deposit the amount distributable in a savings account, or accounts, in any bank (including a Trustee bank) or savings and loan association, provided that any such savings account must be an account insured by an instrumentality of the United States Government and provided further, that the amount deposited in any such account shall in no event exceed the maximum amount of insurance applicable thereto, or to purchase investment certificates or certificates of deposit issued by any bank or savings and loan association, provided the principal of such certificates is insured by an instru- mentality of the United States Government and provided further, that the amount so applied shall not exceed the maximum amount of such insurance applicable thereto. - 14 - _.� Interest earned on or credited to any such savings account or certificates shall be added to the amount distributable to the Participant, and, prior to the distribution, any amounts held in such savings accounts or certificates shall be part of the Trust and shall be subject to all of the provisions thereof, except that they shall be valued sep- arately as provided in Section 4.02. c. When the Committee determines, in accordance with sub- paragraph a. above, that distribution to a Participant shall be deferred and distributed in kind, the Committee shall direct the Trustee to segregate, as a segregated account of the Trust, the property (including securities, annuities or other property) to be distributed, and such property shall thereafter be held for distribution in the manner designated by the Committee. Such segregated accounts shall continue as part of the Trust and be subject to all the provisions thereof, except that such accounts shall share in the allocations of Trust income or loss, as provided in Section 4.02, on a segregated basis. d. The Plan Administrator or the Committee, as t-he case may be, may postpone payment of benefits until his actual retire- ment and in such event shall segregate the Participant's account and credit it with investment earnings. However, a Participant who elects to defer receipt of benefits may not do so to the extent that he is creating a death benefit that is more than incidental., At such time as his benefit shall become payable, it shall be subject to the provisions of this Section 6.01. e. Involuntary distributions (including distributions made due to termination of the member's participation in the Plan) of ;1,750 or less will be made only if such distri- bution represents the entire value of the Participant's nonforfeitable benefit, and that distributions exceeding $1,750 will be made only with the member's consent. 6.03 LOANS TO PARTICIPANTS. The Committee may, in its sole discretion and upon written application of a Participant, authorize the Trustee to make a loan or loans to such Participant in a total amount not in excess of 90'/,' of the value of the vested amount credited to such Participant's account(s), provided that the policy with respect to making any such loan shall be uniformly and nondiscriminatorily applied, and in no event shall the Com- mittee be required to authorize any such loans. Any loan or loans made to a Participant shall, to the extent of the amount thereof, be treated as a segregated investment of the vested portion of his account(s), shall provide for a specific date and period of repayment that shall not be for a period extending beyond the date of the Participant's Normal Retirement, shall be adequately secured and shall be evidenced by the Participant's promissory - 15 - note bearing interest at a rate equal to the rate then being charged by institutional lenders in the area of the Employer's principal place of business for other loans of this type; pro- vided, however, that no such promissory note shall bear interest at a rate which would exceed the then applicable usury limitation. 6.04 APPLICATION OF BENEFIT OF FORMER PARTICIPANT. In the event that the Committee finds that a Participant, former Participant, or Beneficiary is unable to care for his affairs because of his minority, illness, accident, or other reason, any benefits pay- able hereunder shall be paid by the Trustee to the duly appointed guardian or other legal representative, and any such payment so made shall be in complete discharge of all liability therefor. 6.05 NONLIABILITY. Any payment to a Participant, or to his legal representative or Beneficiary, in accordance with the provisions of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Trustee, the Committee and the Employer, any of whom may require such Participant, legal representative or Beneficiary as a condition precedent to such payment to execute a receipt and release therefore in such form as shall be determined by the Trustee, the Committee, or the Employer, as the case may be. The Employer does not guarantee the Trust, the Participants, former Participants or their Bene- ficiaries against loss of or depreciation in value of any right or benefit that any of them may acquire ender the terms of this Plan. All of the benefits payable hereunder shall be paid or provided solely from the Trust and the Employer does not assume any liability or responsibility therefor. W 6.06 BENEFIT CLAIMS PROCEDURE a. Applications. All applications for benefits under the Plan shall be submitted to the Committee at the Employer's prin- cipal place of business. Applications for benefits must be in writing on the forms prescribed by the Committee and must be signed by the Participant and his spouse, if any, or in the case of a death benefit by the Beneficiary or legal representative of the deceased Participant. The Committee reserves the right to require the Participant to furnish proof of his age and that of his joint annuitant, if any, prior to processing any application. Each application shall be acted upon and approved or disapproved within 60 days following its receipt by the Committee. In the event any application for benefits is denied, in whole or in part, the Committee shall notify the applicant in writing of such denial and of his right to a review by the Committee and shall set forth in a manner calculated to be understood by the applicant, specific reasons for such denial, specific references to per- tinent Plan provisions on which the denial is based, a des- cription of any additional material or information necessary for the applicant to perfect his application, an explanation 1 r, of why such material or information is necessary, and an explanation of the Plan's review procedure. b. Review of Denials. Any person, or his duly authorized representative, whose application for benefits is denied in whole or in part may appeal from such denial to the Committee for a review of the decision by submitting to the Committee within 120 days after receiving written notice from the Committee of the denial of his claim a written statement (a) requesting a review of his application for benefits by the Committee; (b) setting forth all of the grounds upon which his request for review is based and any facts in sup- port thereof; and (c) setting forth any issues or comments which the applicant deems pertinent to his application. The Committee shall meet at least monthly to review applications to for benefits submitted to it. The Committee shall act upon each application within 60 days after receipt of the appli- cant's request for review by the Committee. The Committee shall make a full and fair review of each such application and any written material submitted by the applicant in connection therewith and may require the applicant to submit such additional facts, documents, or other evidence as the Committee, in its sole discretion, deems necessary or advis- able in making such a review. On the basis of its review, the Committee shall make arr independent determination of the applicant's eligibility for benefits under the Plan. The decision of the Committee ,)n any application for benefits shall be final and conclusive upon all persons if supported by substantial evidence in the records. In the event the Committee denies an application in whole or in part, the Committee shall give written notice of its decision to the applicant setting forth in a manner calculated to be under- stood by the applicant the specific reasons for such denial and specific references to the pertinent Plan provisions on which the Committee decision was based. 6.07 RETURN OF PRIOR DISTRIBUTIONS. Upon the re-employment of a former Participant who had received Cash -Out and whose vested interest in his Accrued Benefit at the time of the Cash -Out was less than 100%, his Years of Accrual Service, as of the date of his termination of employment, shall be restored if he repays, within two years of his date of re-employment, the amount of such Cash -Out. If such amount is not repaid in full, the Parti- cipant's Years of Accrual Service shall not be restored. Any ariounts so repaid shall be deposited by the Trustee in the Con- version Fund. Upon the re-employment of a former Participant rho had received a Cash -Out and whose vested interest in his Accrued Benefit at the time of distribution was 100%, no repay- rr;ent of the amount of the Cash -Out shall be permitted, and his 'fears of Accrual Service shall not be restored. Notwithstanding anything to the contrary contained hereinabove, all Years of �ervice for a re-employed Participant would be aggregated for - 17 - vesting purposes with respect to his post -distribution and post - Break -In -Service accrued benefits. ARTICLE VII BENEFICIARIES 7.01 DESIGNATION. Each Participant shall have the right to designate on forms provided by the Employer a Beneficiary or Beneficiaries to receive the benefits herein provided in the event of his death, and shall have the right at any time to revoke such designation or to substitute another such Beneficiary or Beneficiaries. 7.02 ABSENCE OF VALID DESIGNATION OF BENEFICIARIES. If, upon the death of a Participant, former Participant or Beneficiary, there is no valid designation of Beneficiary on file with the Employer, the Committee shall designate as the Beneficiary, in order of priority, the following: A. The surviving spouse; B. The surviving children, including adopted children; C. Surviving parents; or D. The Participant's estate, provided that at all times the Committee shall have the right to designate as Beneficiary the Participant's estate irrespective of said order of priority. The determination of the Committee as to which persons, if any, qualify within the aforementioned category shall be final and conclusive upon all persons. ARTICLE VIII . CONTRIBUTIONS BY 14EMBERS 8.01 VOLUNTARY CONTRIBUTIONS a. Eligibility. All Employees who become Participants may become eligible for voluntary contributions to the Plan by submitting an application on a form to be provided by the Committee. All such applications shall include the Partici- pant's acceptance of the relevant terms and conditions of this Plan, his designation of the proportion of his Compen- sation which he shall contribute, and his consent to the withholding of such contributions by the Employer from his Compensation. A Participant may continue to make voluntary contributions throLnhout the Period he is a Participant in the Plan; provided, however, that a Participant shall have the absolute right to discontinue voluntary contributions as of the end of any month following the month in which he gives written notice thereof to the Employer. - 18 - I b. Amount of Contributions. A Participant once eligible to make voluntary contributions may contribute to the Trust such amounts as he shall determine by his written election to the Committee; provided, however, that such amounts shall not be less than 2% in any Plan Year nor shall the aggregate of such amounts contributed by him to this Plan and all other qualified plans maintained by the Employer exceed 10% of the aggregate Compensation paid him by the Employer in all years since he became a Participant in the Plan. A Participant may change once in each Plan Year the amount of his contri- bution, within the permissible limits, with respect to future contributions by filing a written direction with the Committee. The Committee may at its discretion, subject to written request by the participant, allow the participant to change his elec- tion more than one time during the Plan Year. c. Collection of Contributions. The contributions of Partici- pants shall be collected by the Employer either by means of payroll deductions or by direct contributions from the Par- ticipants. All contributions received by the Employer, whether by withholding or directly from the Participant, shall be paid over by the Employer to the Trustee within 30 days after they have been collected, to be held and administered in the Trust established under this Plan. 8.02 SEPARATE ADMINISTRATION AND ACCOUNTS FOR PARTICIPANT CONTRIBUTIONS. The contributions of the Participants shall be accounted for separately from the Employer's contributions. The Committee shall open for each Participant a separate account for his voluntary contributions made pursuant to Section 8.01 and a separate account for his retu-n of prior distributions made pursuant to Section 13.06. At least once each year as of the end of the Plan Year, or at more frequent intervals if directed by the Committee, the Trustee shal' value on the basis of fair market values that part of the Trust assets attributable to such separate accounts. As of any such valuation date, the Trustee shall allocate the pre- viously unallocated increments and profits to or, as the case may be, charge the previously unallocated losses against the respec- tive accounts in proportion to the amounts therein as of the valuation date. For the purpose of allocating profits and losses, the accounts tD which Participants' contributions are allocated shall include a portion of current year contributions, which por- tion shall be determined on a weighted basis by considering the length of time (in months) since the making of the contribution in relation to the number of months elapses since the last val.,a- tion. For example, if at the time of valuation twelve months have elapsed since the last valuation and a contribution has been r� e nine months previously, nine -twelfths of the contribution woulc be included for purposes of allocating profits or losses to suer, accounts. - 19 - I 8.03 VESTING. A Participant's account(s) to which his contributions are allocated including both his own contributions, and any in- crease in value thereof, shall at all times be fully vested in the Participant and shall not be forfeitable for any cause. 8.04 WITHDRAWAL OF VOLUNTARY CONTRIBUTIONS. The balance of the account to which a Participant's voluntary contributions are allocated may be withdrawn upon 15 days written notice to the Committee, severance of employment being automatically deemed such notice; provided, however, that the amount credited to such account shall reflect any charges or credits to his account based on valuations directed by the Committee to be made during this 15-day period, and provided further that in the absence of sever- ance of employment such withdrawals shall be subject to the prior consent of the Committee, which consent shall be aranted or denied in accordance with rules uniformly and undiscriminately applied. Any Participant who withdraws any part of his voluntary contri- butions account must withdraw the lesser of the entire amount of his voluntary contributions or the fair market value of the account and shall be ineligible to reapply for voluntary contri- butions for a period of one year from the date of such withdrawal. 8.05 DISTRIBUTION. When a Participant terminates his employment with the Employer, the account to which his voluntary contributions are allocated shall be distributed to him in a single lump -sum payment, unless within 60 days prior to such termination he elects, in the form of a writing filed with the Employer, to have such account transferred to the account to which his vested share of Employer contributions is allocated. Distribution or transfer of such account(s) as provided above shall he made during or as soon 460 as practical after the end of the Plan Year in which the Parti- cipant terminates his employment. 8.06 DESIGNATION OF BENEFICIARIES. Each Participant shall have the same right to designate a Beneficiary or Beneficiaries for the account(s) to which his contributions are allocated as he has for his account to which Employer contributions are allocated. In the absence of a valid designation of a Beneficiary or Bene- ficiaries upon the death of a Participant, the account estab- lished for voluntary contributions shall be distributed to his estate, and the account established for rollover contributions and the account established for returns of prior distributions shall be distributed in the sane manner as provided in Section 7.02. ARTICLE IX THE TRUSTEE 9.01 ACCEPTANCE OF TRUST, The Trustee hereby accepts the Trust created hereunder and agrees to perform the obligations imposed by this Agreement. - 20 - -� 9.02 THE COMMITTEE SHALL DIRECT INVESTMENTS a. General. The Trustee, as directed by the Committee, shall have the power to invest and reinvest the assets of the Trust, exercising the care, skill, prudence, and diligence under the circumstances then prevailing that prudent men acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like kind and with like aims, not with regard to speculation, but with regard to the permanent disposition of funds, considering the probable in- come generated thereby as well as the probable safety of capital. Within the limitations of the foregoing and subject to such limitations as may hereinafter be stated, the Trustee is authorized to acquire any kind of investment, specifically including, but not by way of limitation, commercial paper, corporate obligations of every kind, and stocks, preferred or common. b. Directions of Committee. The powers granted to the Trustee under this Agreement shall be exercised by the Trustee in its discretion subject to the direction of the Committee with reference to investing and re -investing assets of the Trust. Nevertheless the Committee may at any time and from time to time by written direction to the Trustee require the Trustee to invest in, retain or dispose of any security or other form of investment as may be specified in such direction. Subject to any limitations hereinafter stated, the fund may be invested pursuant to such directions in any investment of any kind, for the investment of trust funds. Neither the Trustee nor any other person shall be under any duty to question any such direction. Any such direction may be of a continuing nature, or otherwise, and may be revoked in writing by the Committee at any time. The Trustee shall not be responsible in any manner and for any reason for the making, retention or disposition of any investment pursuant to the directions of the Committee. The Committee has been named fiduciary and administrator of the Plan provided for by ERISA and, except as otherwise provided for in the Plan, shall have the authority to control and manage the operation and adminis- tration of the Plan, The Trustee shall not be responsible in any way for the operation and administration of the Plan. c. Combination With Assets of Other Trusts. The Trustee may combine the assets of this Trust for investment purposes with any other trusts established by the Employer pursuant to the provisions of any qualified employee -benefit plan. In such event, the Trustee shall keep separate records of the amounts allocable to each such fund. Company Security Limitation. The Trustee shall not invest in any security issued by the Employer which is not a Company Security, as defined herein. No investment of any part of the Trust shall at any time be made in any Company Security if by - 21 - reason of such investment the aggregate fair market value of all Company Securities held in the Trust immediately after such investment shall exceed 10% of the then fair market value of the assets of the Trust. For purposes of this provision, "Company Security" means stock of the Employer and any bond, debenture, note or certificate, or other evidence of indebted- ness of the Employer which is a "marketable obligation" as defined in Section 407 (e) of ERISA. 9.03 GENERAL POWERS OF THE TRUSTEE. The Trustee shall have all the powers necessary to hold in trust and administer all funds contem- plated hereby, including, but not by way of limitation, the power: a. to collect and receive the income of the Trust and any and all money, securities and other property, of whatsoever kind or nature due to, owing or belonging to the Trust; b. to hold and invest in, without liability for interest there- on, any money in any bank, including any banking department of any bank serving as Trustee hereunder, or in any insured savings and loan association or company; c. to sell, exchange or otherwise dispose of any securities or other property at any time or times and on such terms and conditions as it may deem appropriate and to contract or grant options for the purchase, exchange or other disposition thereof; d. to have, respecting bonds, shares of stock and other securi- ties, all of the rights, powers and privileges of an owner, including the holdings of securities in its own name, or in the name of a nominee, with or without disclosure of the Trust, voting, giving proxies, making payments of costs, assessments or other sums deemed by the Trustee expedient for the protection of the Trust, exchanging securities, sell- ing or exercising subscription rights, exercising conversion rights, consenting to, and participating in foreclosures, reorganizations, consolidations, mergers, liquidations, pooling agreements and voting trusts, and assenting to cor- porate sales, leases and encumbrances; e. to extend the time of payments of any obligation at any time owing to the Trust; to deposit any securities or other property with any protective, reorganization, or similar committee, to delegate discretionary powers thereto, and to pay and agree to pay a portion of the expenses and compensation thereof and any assessments levied with respect to any such securities or other property so deposited; f. to settle, compromise or submit to arbitration any claims, debts or damages due or owing to or from the Trust; to com- mence or defend legal proceedings for or against the Trust; r and to represent the Trust in all proceedings in any court / of law or equity or before any other body or tribunal; g. to borrow money and to issue promissory notes evidencing any such borrowings or advances and to secure the repayment there- of by mortgage, deed of trust, or pledge of any securities or any other property constituting the Trust or any part thereof; and to pay and discharge any indebtedness of the Trust or any lien or other charge against the Trust; h. to enforce any mortgage, deed of trust, pledge or other secu- rity interest held hereunder, and to purchase at any sale thereunder any property subject thereto; i. to create reserves of cash or other assets of the Trust for the payment of expenses, or for distributions pursuant to the Plan, or for any other purposes in connection with this Agree- ment; j. to sue or defend in connection with any and all securities or other property at any time received or held by or for the Trust, and all costs and attorney's fees in connection there- with shall be charged against the Trust; k. to employ agents, including without limitation, investment advisors, appraisers, attorneys and accountants. Fees in- curred shall be borne 100% by the assets of the Trust, and not by the Employer. 1. Notwithstanding any other provisions, of this Agreement, the Trustee shall have full power and authority to transfer money and other assets of the Trust to any bank licensed to do business in California as trustee of any investment fund or funds consisting exclusively of assets of pension and profit- sharing trusts. In such event, said instrument or instruments shall become a part hereof as fully as if set forth at length herein. Money and other assets of the Trust invested in said furd or funds shall be held and aeministered by the trustee thereof strictly in accordance with the terms and under the powers granted in said instrument or instruments. The com- bining of money and other assets of the Trust with money and other assets of other qualified trusts in such fund or funds is specifically authorized, and if, at any time hereafter, the Trustee hereunder shall be any bank licensed to do busi- ness in California, it shall have full power and authority to transfer the assets subject to this Trust to itself as trustee of any such common investment fund or funds to which the assets of the Trust minht otherwise be transferred pur- suant to the above provisions if the Trustee hereunder v,,ere not such bank. - 23 - 9.04 BOOKS AND RECORDS. The Trustee shall keep accurate and detailed accounts of all investments, receipts and disbursements, and any other transactions engaqed in by the trust, and all accounts, books and records relating thereto shall be open to inspection at all reasonable times by the Committee or its designated representative. 9.05 VALUATIONS. Within ninety (90) days after the end of each fiscal year of the Employer, within ninety (90)days after the removal or resignation of any Trustee, and whenever so requested in writing by the Committee, the Trustee shall value the assets of the Trust and shall file with the Committee a written statement reflecting the fair market value of the assets and liabilities of the Trust and the receipts and disbursements of the Trust since the last statement filed with the Committee. If the Trustee, in making any such valuation, shall determine that the Trust consists, in whole or in part, of property not traded fully on a recognized market, or that information necessary to ascertain the fair market value thereof is not readily available to the Trustee, the Trustee may request the Committee to instruct the Trustee as to the fair market value of such property for all purposes under the Plan, and in such event, the fair market value placed upon such property by the Committee shall be binding and conclusive. If the Com- mittee shall fail or refuse to instruct the Trustee as to the fair market value of such property within a reasonable time after receipt of the Trustee's request, the Trustee shall take such action as it deems necessary or advisable to ascertain the fair market ^� value of such property, including the retention of such counsel and independent appraisers as it considers necessary, and in such event the fair market value determined by the Trustee shall be binding and conclusive. Except for the Trustee's negligence, willful misconduct or lack of qood faith, upon the expiration of ninety (90) days frgm the filing of such statement and report, the Trustee shall be forever released and discharged from all liability and accountability to anyone with respect to the pro- priety of its acts or transactions as set forth in such account, unless written objection is filed with the Trustee within the said ninety (90) day period by any person interested in this Agreement. 9.06 LIFE INSURANCE a. The Committee may direct the Trustee in writinq to acquire life insurance or annuity contracts on the lives of the Par- ticipants in the Plan in specified amounts, which amounts shall be determined by the Committee on a uniform and non- discriminatory basis. Any type of life insurance contracts written by a legal reserve life insurance company and requested by the Committee, excepting tern insurance contracts, will be acceptable. The aggregate life insurance premiums with respect to each Participant shall be less than one-half of the aggregate Employer contributions and for- feitures allocated to him at any particular time. The acquisition of any policy by the Trustee pursuant to this Article shall be subject to the provisions of ARTICLE X. When a Participant's employment is terminated by retirement, disability, death or otherwise, the Trustee shall either convert such policy into an annuity contract or cash for the benefit of the Trust or, upon the written direction of the Committee, assign and deliver the policy to the Par- ticipant. No insurance company issuing any such policy shall be a party to this Plan or have any responsibility for the qualification of this Plan. The liability of any such insur- ance company shall be only as provided in any policy which it may issue. Notwithstanding any other provisions of this Plan, a Participant's account(s) shall not be credited with such portions(s) of any contribution(s) used to pay premiums on life insurance on such Participant's life, but, instead, upon the death of any such Participant, there shall be added to the account of such Participant, at the earliest practical date, the amount by which the proceeds receivable by the Trust from all such insurance upon such Participant's life shall exceed the amounts, if any, credited to such Participant's account, prior to the time of his death with respect to such insurance. Similarly, in the case of any life insurance upon any Participant's life which is converted for the cash value thereof, there shall be added to the account of such Partici- pant, at the earliest practical date, the amount by which the cash value receivable by the Trust from such insurance upon the life of such Participant ;hall exceed the amounts, if any, credited to such Participant's account, prior to such conversion with respect to such insurance. b. The Trustee shall exercise all rights, options, and benefits provided by any policy or permitted by any insurance company with respect to any policy issued by it, including the right to change any provision which shall become operative upon the termination of employment of any Participant. When a Participant's employment is terminated by retirement, dis- ability, death or otherwise, he may convert such policy into an annuity contract or cash for the benefit of the Trust or, may, with the written direction of the Committee, assign and deliver the policy to the Participant. No Participant shall have the right to direct the Trustee with respect to any policy held in the Trust on his life without proceeding through the Committee. At the written direction of the Committee, the Trustee shall pay the premiums on any policy held in the Trust, except that the Trustee shall have no duty to pay premiums hereunder un- less there are sufficient assets available in the Trust. The Trustee shall accumulate dividends, receive dividends in cash or apply dividends in reduction of premiums. Any dividends payable with respect to any policy as to which there shall be no further premiums due shall be paid in cash - 25 - _.y to the Trustee and added to the Trust. d. The Participant shall designate the Beneficiary under any such policy, change such Beneficiary from time to time, state the method of settlement to be effective upon the maturity of any policy, and change any such method of settlement. No Participant shall have the right to direct the Trustee with respect to the Beneficiary or method of settlement of any such policy; the Participant's rights in this respect being limited to those specified inthe Plan. e. No insurance company which shall issue any policy as herein - above provided shall be a party to this Trust, or have any responsibility for the validity of this Trust. The liabi- lity of any such insurance company shall be only as provided in any policy which it may issue. Any insurance company shall be fully protected from all liability in accepting premium payments from the Trustee and making payments to or on the direction of the Trustee, without liability as to the application of such payments. Such insurance company shall be fully protected in dealing with the Trustee as the sole owner of policies held under this Trust, and shall not be liable in assuming that the Trust has not been amended or terminated until notice of any amendment or termination of the Trust has been received by the insurance company at its home office. No amendment of the Trust shall deprive l the insurance company of any protection except as to poli- cies issued by it after receipt at its home office of notice of the terms of such amendment. The insurance company shall be fully protected in dealing with the Trustee according to the latest notification received by it at its home office. 9.07 DISTRIBUTIONS. The Trustee shall from time to time, under written direction of the Committee signed by a majority of the then members thereof, or by any such person -.r persons as may be from time to time designated therefor by the Committee acting by a majority of its members, make distribution from the Trust to such persons in such manner, in such amounts and for such purposes as may be specified in such directions. The Trustee shall incur no liability for any distribution made by it pursuant to the directions of the Committee, and shall be under no duty to inquire as to whether any distribution directed by the Committee is made pursuant to the provisions of the Plan. The Trustee may make any payment required to be made by it hereunder by m,:iling its check for the amount thereof to the person to whom such payment is to be made at the address furnished by the Committee, or if no such address shall have been furnished, to such pe,•;on in care of the Employer at its principal office. 9.O8 RESIGNATION OR REMOVAL OF TRUSTEE. Any Trustee may resign at any time upon the giving of fifteen (15) days written notice to the - 26 - Employer, and any Trustee may be removed by the Employer at any time upon the giving of fifteen (15) days written notice to all Trustees. The resignation or removal shall become effective upon the receipt of the written notice and thereupon, the Employer shall, if there was but a sole Trustee, and may, if there was before such resignation or removal at least two Trustees, appoint a successor Trustee or Trustees which may be a corporation, one or more in- dividuals or a combination thereof. Notwithstanding the foregoing, however, no resignation or removal of a sole Trustee shall be effective until a successor has been appointed and the appoint- ment has been accepted. Any successor Trustee shall have the same rights, powers and duties as he would have had as an original Trustee. 4r 9.09 TAXES, EXPENSES AND COMPENSATION OF THE TRUSTEE. a. Taxes. The Trustee shall deduct from and charge against the assets of any trust any taxes paid by it which may be imposed upon the Trust. b. Expenses; Compensation. The Trust (and in no event shall these expenses be of the Employer) shall pay to the Trustee annually its expenses in administering the Trust, including without limitations, fees paid to attorneys, accountants and appraisers, and, in the case of a corporate trustee only, the Trust shall also pay to the Trustee reasonable } compensation for its services as the Trustee hereunder at I a rate to be agreed upon in writing from time to time. The Trustee shall have a lien on the assets of the Trust for such expenses and compensation, and the same way be withdrawn from the Trust. 9.10 MISCELLANEOUS. t a. Irrevocability. Except for such amendments as are permitted under ARTICLE XI, the Trust created under this Aareement is irrevocable. Nevertheless, the Employer may at any time at its sole and absolute discretion discontinue making contri- butions to the trust, or terminate the trust in accordance with the provisions of the Plan. b. Request for Instructions. In addition to instructions re- lating to valuations, at any time the Trustee may, by written request, seek instructions from the Committee on any matter and may await the written instructions from the Committee without incurring an;, liability whatsoever. If at any time the Committee should fail to dive directions to the Trustee, the Trustee may act, and shall be protected in acting without such directions, in such manner as in its discretions seers appropriate and advisable under the circumstances for carry- ing out the purposes of this Trust. - 27 - c. Liability of Trustee. The Trustee shall not be liable for any losses �,.hich may be incurred upon the investments of the Trust, except to the extent that; such losses shall have been causes by its negligence, bad faith or willfull misconduct. d. Spendthrift Clause. No benefits under this Agreement shall be subject in any manner to be anticipated, alienated, sold, transferred, assigned, pledged, encumbered or charged; any attempt to so anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be void, nor shall any such benefits in any manner be liable for or subject to the debts, contracts, liabilities or torts of the person entitled to such benefits as herein provided for him. e. Gender and Number. As used in this Agreement, the masculine, feminine or neuter gender, the single or plural number and the use of the collective or the separate shall each be deemed to include the others whenever the context so indi- cates. f. Applicable Law; Severability. This Agreement shall be con- strued and enforced according to ERISA and, to the extent applicable, according to the laws of the State of California. If any provision of this Agreement is held invalid or un- enforceaLle, such invalidity or unenforceability shall not affect any other provision, and this Agreement shall be construed and enforced as if such provision had not been included. (kr ARTICLE X THE ADMINISTRATIVE COMMITTEE 10.01 The City Council shall appoint an Administrative Committee which may be comprised of one or more members of the Employer's City Council and the Employer may designate to serve as the Committee its entire City Council as the same may be constituted from time to time. The Employer shall certify to the Trustee the names and specimen signatures of the members of the Committee. The Committee shall serve at the pleasure of the Employer and any member of the Committee may resign by written instrument addressed to the Employer and may be removed by the Employer with or without cause. While a vacancy exists, the remaining members of the Com- mittee may pE�rform any act which the Committee is Authorized to perform. 10.02 The Committee shall administer the Plan and shall resolve by majority vote all questions involving the interpretation, appli- cation and administration of the Plan. The Committee's resolu- tion of such questions shall be final and binding upon the Participants and their Beneficiaries, former Participants, and their successors, assigns, heirs and personal representatives of any of then. The Committee may direct the investment of the - 28 - _} assets of the Trust by written direction to the Trustee. No member of the Committee may participate in any decision which involves solely his interest as a Participant in the Plan. 10.03 The members of the Committee shall receive no compensation for acting as such, but the Trust shall reimburse the Committee for all necessary and proper expenses incurred in administering this Plan. 10.04 The Committee is the named fiduciary and administrator of the Plan provided for by ERISA and, except as otherwise provided for herein, shall have the authority to control and manage the opera- tion and administration of the Plan. The Committee shall make such rules, regulations, interpretations and computations, and shall take such other action to administer the Plan as the Com- mittee may deem appropriate. The Committee shall administer the Plan in a uniform and nondiscriminatory manner consistent with the requirements of Section 401(a) of the Code. 10.05 As provided above, the City Council shall appoint the Committee but the City Council shall have no responsibility for the operation and administration of the Plan. The Committee from time to time may allocate to one or more of its members and may delegate to any other persons or organizations any of its rights, powers, du-cies and responsibilities with respect to the operation and ad:iinistration of the Plan. Any such allocation and delegation of responsibilities shall be reviewed at least annually by the Committee and shall be terminable upon such notice as the Com- mittee, in its sole discretion, deems reasonable and prudent under the circumstances. The Committee•may employ such persons or organizations to render advice or perform services with respect to responsibilities of the Committee under the Plan as the Committee, in its sole discretion, determines to be necessary aid appropriate. Such persons or organizations may include, with- oit limitation, actuaries, attorneys, accountants, and financial and administrative consultants. ARTICLE XI AMENDMENT AND TERMINATION 11.01 AMENDMENT. To provide for contingencies which may require or make advisable the qualification, modification or amendment of this Plan, at any time and from time to time, in whole or in pa:-t, including without limitation, retroactive amendments neces- sary or advisable to qualify this Plan and the Trust established in connection therewith under the provision of Section 401 (a) of the Code. However, no such amendment shall (a) reduce the benefits of any Participant accrued under the Plan to the date the amendment is adopted, or (b) divert any part of the assets of the Trust Fund to purposes other than for the exclusive bene- 00 N -� fit of the Participants, retired Participants or their joint annuitants or Beneficiaries who have an interest in the Plan or for the purpose of defraying the reasonable expenses of admin- istering the Plan. No amendment of the Plan shall permit any part of the fund to be used to pay premiums or contributions of the Employer under any other plan maintained by the Employer for the benefit of its employees. 11.02 TERMINATION OR PARTIAL TERMINATION OR COMPLETE DISCONTINUANCE OF CONTRIBUTIONS. Although the Employer has established the Plan with a bona fide intention and expectation that it will be able to make contributions indefinitely, nevertheless, the Employer is not and shall not be under any obligation or liabi- lity whatsoever to continue its contributions or to maintain the Plan for any given length of time. The Employer may in its sole and exclusive discretion discontinue such contributions or terminate the Plan in accordance with its provisions at any time without any liability whatsoever for any such discontinuance or termination. If the Plan shall be terminated, partially ter- minated, or the contributions of the Employer shall be completely discontinued, the rights of all Participants in their accounts shall thereupon become nonforfeitable notwithstanding any other provisions of this Plan. However, the Trust shall continue un- til all Participants' accounts have been completely distributed to or for the benefit of the Participants or their Beneficiaries in accordance with this Plan. 11.03 DETERMINATION BY INTERNAL REVENUE SERVICE. Notwithstanding any other provision of this Plan, if the Internal Revenue Service shall fail or refuse to issue a favorable written determination 04W or ruling with respect to the initial qualification of the Plan and exemption of the Trust from tax under Section 401 (a) and 501 (a) of the Code, the Trustee shall, within a reasonable time after receiving a written direction from the Committee to do so, return to the contributors the then value of all contri- butions theretofore made, provided that as a condition to such repayment the Employer shall execute, acknowledge and deliver to the Trustee its written undertaking, in form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harm- less from all claims, actions, demands or liabilities arising in connection with such repayment. ARTICLE XII STANDARD OF CONDUCT OF FIDUCIARIES 12.01 Each merrber of the City Council and of the Committee and any other person to whom any fiduciary responsibility with respect to the Plan is allocated or delegated shall discharge his duties and responsibilities with respect to the Plan in accordance with the standards set forth in Section 401(a) (1) of ERISA, which provides: - 30 - "Subject to Sections 403(d), 4042, and 4044, a fiduciary shall discharge his duties with respect to a Plan solely in the interest of the Participants and Beneficiaries and -- (A) For the exclusive purose of: (i) providing benefits to Participants and their Beneficiaries; and (ii) defraying reasonable expenses of admin- istering the Plan; 4, (B) With the care, skill, prudence and diligence under the circumstance then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (C) By diversifying the investments of the Plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (D) In accordance with the documents and instruments governing the Plan insofar as such documents and instruments are consistent with the provisions of this title. ARTICLE XIII MISCELLANEOUS 13.01 LIMITATION OF RIGHTS: EMPLOYMENT RELATIONSHIP. Neither the establishment of this Plan and the Trust nor any modifications thereof, nor the creation of any fund or account nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Em- ployer or the Trustee except as provided herein; and, in no event, shall the terms of employment of any Employee or Participant be modified or in any way be affected hereby. 13.02 MERGER: TRANSFER OF THE ASSETS. If the Employer merges or con- solidates with or into any other corporation, if substantially all of the assets of the Employer shall be transferred to any other corporation, or if the Employer dissolves and liquidates, the Plan hereby created shall terminate on the effective date of such merger, consolidation, transfer, or dissolution. Hot -:ever, ,J - _A) if the surviving corporation resulting from such merger or con- solidation, or the corporation to which the assets have been transferred, or any corporation which continues the business of the Employer adopts this Plan, the Plan shall continue and said corporation shall succeed to all rights, powers and duties of the Employer hereunder. The Employment of any Employee who is continuing in the employ of such successor corporation shall not be deemed to have been terminated for any purposes hereunder. 13.03 MERGER OR CONSOLIDATION OF PLAN. In the event that this Plan and the Trust merges or consolidates with, or transfers its assets or liabilities to, any other qualified plan of deferred compensation, no Participant herein shall, solely on account of such merger, consolidation or transfer, be entitled to a be- nefit on the date following such event which is less than the benefit to which he was entitled on the date preceding such event. For the purpose of this section, the benefit to which a Partici- pant is entitled shall be calculated based upon the assumption that a Plan termination and distribution of assets occurred on the date as of which the amount of the Participant's entitlement is being determined. 13.04 TRANSFER FROM OTHER QUALIFIED PLANS. Notwithstanding any other provision hereof, there may be transferred to the Trustee, suL- ject to the approval of the Employer and the Trustee and to a prior determination of the Internal Revenue Service that such transfer will not adversely affect the qualified status of the Plan, all or any of the assets held (whether by a trustee, custo- dian or otherwise) on behalf of any other plan which satisfied the applicable requirements of Section 401 (a) of the Code, and which is maintained for the benefit of any persons who are or about to become Participants in this Plan. 13.05 RETURN OF PRIOR DISTRIBUTIONS. If any Participant shall have received, on account of his separation from service from the Employer, a single distribution of his account(s) pursuant to Section 6.01 a., and if such person may repay the full amount of such distribution (and not less than the full amount of such distribution) to the Plan, provided that no such repayment may be made if such person has (i) suffered a 1-year Break -In - Service commencing after receipt of such distribution or (ii) such repayment is not made within 2 years from the date Euch person is notified in writing that he has once more qualified as a Participant. 13.06 INDEMNIFICATION. The Employer shall indemnify and hold harmless the members of the City Council, the Committee and any other pi:r- - 32 - sons to whom any fiduciary responsibility with respect to the Plan is allocated or delegated, from and against any and all liabilities, costs and expenses incurred by such persons as a result of any act, or omission to act, in connection with the performance of their duties, responsibilities and obligations under the Plan and under ERISA, other than such liabilities, costs and expenses as may result from the bad faith or criminal acts of such persons or specifically prohibited by ERISA. 13.07 HEADINGS. Headinqs in this Plan are inserted for convenience or reference only and any conflict between such headings and 4 the text shall be resolved in favor of the text. 13.08 COUNTERPARTS. This Plan may be executed in an original and any number of counterparts, each of which shall be deemed an original of one and the same instrument. 13.09 PURPOSE. The Trust, created in the United States by the Em- ployer, embodies a Retirement Plan for the exclusive benefit of its Employees or their Beneficiaries and, until after the satis- faction of all liabilities under the Trust to such Employees and their Beneficiaries (except as provided in Section 11.03), no part of the corpus or income shall be used for or diverted to purposes other than for their exclusive benefit, nor shall the same revert to the Employer. 33 - DATE: October 26, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: November 12, 1987 r SUBJECT: LEAGUE OF CALIFORNIA CITIES CITY CLERKS ELECTION LAW AND ADMINISTRATION SEMINAR 98 LJ FUNDING REQUIRED NO FUNDING REQUIRED X The League of California Cities is holding a City Clerks Election Law and Administration Seminar on December 2-4, 1987 at the Hyatt Regency in Monterey. Funds have been budgeted for this purpose. The approxi- mate cost of attendance will be $750.00. STAFF RECOMMENDS COUNCIL AUTHORIZE THE DEPUTY CITY CLERK TO ATTEND THE CITY CLERKS ELECTION LAW AND ADMINISTRATION SEMINAR IN MONTEREY. r�:; /nb COUNCIL AGENDA ITEM N 3' soon League of California Cities M EM- 1400 K STREET • SACRAMENTO, CA 95814 • (916) 444-5790 11NO`, Calito,ma Cities Work Togemer Sacramento, CA September 21, 1987 TO: City Clerks and Clerks in Non -Manager Cities A N N O U N C I N G . . . . . CITY CLERKS ELECTION LAW AND ADMINISTRATION SEMINAR Wednesday - Friday, December 2 - 4, 1987 Hyatt Regency Monterey One Old Golf Course Road Monterey, CA 93940 408-372-1234 The Fifth Biennial City Clerks Election Law Seminar is specifically intended to provide the latest information to City Clerks as they begin to prepare for upcoming elections -- both the April city elections and the June and November consolidated elections. Changes in election laws and election administration will be the principal subject of the Seminar, with sessions also devoted to campaign reporting, initiative, referendum and recall processes, and absentee voting procedures during the election process. The Seminar will offer a mix of lecture and workshop sessions, affording attendees ample opportunity to have their specific questions and concerns addressed. If you do plan to attend we urge you to get your advance registration and your hotel reservation in early. We have reserved a block of rooms at the Hyatt for this year's anticipated attendance; however, in past years the block has filled even before the reservation deadline. (Likewise, if you find you must cancel your hotel reservation please do so before the reservation deadline so another city official may reserve the room.) No special program for spouses is planned. However, information will be available at the League Registration Desk on local activities and sites of interest. The Hyatt Regency Monterey has fitness facilities including pools, parcourse, tennis, jogging and golf. On Thursday evening there will be a reception at the Monterey Bay Aquarium. The cost of the Aquarium registration is included in the registration fee. Spouses may also attend the Aquarium Reception but will need to purchase tickets at the meeting at a cost of $20, which includes admission, beverage coupon, food and shuttle transportation. (Note: This program is being held at the same time and place as the League's Fire Chiefs Seminar and Financial Management Seminar. You may wish to coordinate your registration, hotel and travel plans with other officials from your city who are planning to attend.) Please note the following deadlines: Conference Registration: Friday, November 20, 1987 Hotel Reservations: Tuesday, November 10, 1987 ccelclaw.train REGISTRATION. To facilitate the registration process, you are encouraged to register in advance using the registration form attached. Should you wish to register in advance please complete the Advance Registration Form and return it with a check or money order (please no purchase orders) in the appropriate amount to the LEAGUE OF CALIFORNIA CITIES, CONFERENCE REGISTRATION OFFICE, P.O. BOX 7005, LAFAYETTE, CA 94549, (415-283-2113). TO PROCESS THE REGISTRATION, PAYMENT OF THE REGISTRATION FEE MUST ACCOMPANY THIS FORM. At the bottom of the Registration Form is a questionnaire for those who plan to attend the meeting but do not wish to register in advance. In order for the League to make appropriate arrangements for this meeting, it is necessary that we have an accurate estimate of the number of officials who will be attending. If you expect to attend, please fill out either the ADVANCE REGISTRATION SECTION (return with payment) or the ATTENDANCE QUESTIONNAIRE SECTION, and return the entire form to the League's Conference Registration Office by Friday, November 20, 1987. Registration facilities will be available at the meeting for those not registering in advance. Registration facilities will open Wednesday, December 2, 1987 at 10:30 a.m. REGISTRATION FEE. The registration fee for this seminar, which includes programmed meal functions, receptions, breaks and program materials is: City Officials $135.00 Non -City Public Officials $145.00 Non -Public Officials $150.00 REGISTRATION FEE REFUND POLICY. Advance registrants unable to attend this meeting will receive a refund of the full registration fee, less a $10 processing charge, by submitting a written request to the LEAGUE OF CALIFORNIA CITIES, CONFERENCE REGISTRATION OFFICE, BOX 7005, LAFAYETTE, CA 94549. REQUEST FOR REFUNDS MUST BE RECEIVED BY MONDAY, DECEMBER 28, 1987. HOTEL RESERVATIONS. The Hyatt Regency Monterey will hold a block of sleeping rooms for this meeting until Wednesday, November 10, 1987. After that date, reservations will be on a space -available basis. When making your hotel reservations, please use the attached HOTEL RESERVATION FORM which includes the sleeping room rates of $88 single or twin/double- bedded room; Regency Club Rooms $130 single or $150 double, including continental breakfast. A 10% city hotel tax will be added to all rooms. These rates extend 2 days prior to and 2 days past the meeting. If you are planning to share a room with another city official, only one form with both names is necessary. Reservations must be received by Wednesday, November 10, 1987, in order to be sure that your room request is filled. Reservations will be held only until 4:00 p.m. unless guaranteed by first night room deposit or major credit card (American Express, Mastercard, Visa, Diners Club, Carte Blance). Deposits are refundable if your reservation is canceled 48 hours before arrival. Check -in time is 3:00; check-out 12 noon -- luggage can be stored at Bell Desk. Hotel reservation forms should be returned directly to: Hyatt Regency Monterey, One Old Golf Course Road, Monterey, CA 93940 Attention: Reservations (408-372-7171) LOCATION. The Hyatt Regency Monterey is located on the Monterey Peninsula on Old Golf Course Road off Highway One and just a few minutes away from the Monterey Peninsula Airport. STAFF REPORTDATE: 11/4/87 C R A ITEM ( ) COUNCIL ITEM W MEETING DATE: November 12, 1987 AGENDA ITEM NO. SUBJECT ATTENDANCE AT THE FINANCIAL MANAGEMENT SEMINAR DECEMBER 2-4, 1987, IN MONTEREY, CA. FUNDING REQUIRED NO FUNDING REQUIRED xx 4 The League of California Cities is holding a Financial Management Seminar in Monterey on December 2-4, 1987. Attached is the preliminary program of subjects to be covered. The Assistant Finance Director would like to attend this seminar. Sufficient funds are available in the 1987/88 budget. Staff Recommends that Council: APPROVE THE ATTENDANCE OF THE ASSISTANT FINANCE DIRECTOR AT THE FINANCIAL MANAGEMENT SEMINAR TO BE HELD DECEMBER 2-4, 1987, IN MONTEREY, CA. 4W bm ft2 COURCIL AGENDA ITEM #6 League of California Cities FINANCIAL MANAGEMENT SEMINAR December 2 - 4, 1987 Hyatt Regency Monterey One Old Golf Course Road Monterey, CA 93940 408-372-1234 PRELIMINARY PROGRAM Wednesday, December 2, 1987 4 2:00 - 3:15 pm WELCOME Overview of Key State and Local Fiscal Issues Speaker: Elizabeth Hill, State Legislative Analyst (Invited) Guidelines for complying with the Gann Appropriations Limit; Proposed Amendments 3:30 - 4:45 pm CONCURRENT SESSIONS 1. PERS Issues The administration of retirement has always been important to finance officers and is becoming even more so in light of several current issues. This session will address disclosure of reti-rement information in financial statements (GASB 5), final compensation (Rose v. Hayward), differing retirement benefits for individual bargaining units, P.C. reporting of retirement information and taxability of retirement benefits. II. Implementing New Development Fee Legislation Legislation enacted during 1987 imposes new requirements on accounting for the collection and expenditure of fees on development and establishes standards for assessing and mitigating the impact of new development. This session will feature a multi -disciplinary discussion of financing and managing new development. 5:30 - 6:30 pm GET ACQUAINTED RECEPTION (hosted) -4- Thursday, December 3 9:00 - 10:15 am CONCURRENT SESSIONS I. Update on GASB and CCMA Activities The Governmental Accounting Standards Board establishes accounting standards for governmental agencies throughout the country and the California Committee on Municipal Accounting describes appropriate accounting procedures for California cities and works to influence GASB. This session will address recent pronouncements and current considerations of both organizations. II. Investing Public Funds This session will include a discussion of current issues on city investments including county investment pools, mutual funds and managed portfolios. 10:30 - 1:45 am GENERAL SESSION Congressional Issues Which Will Affect City Finances Speaker: Frank Shafroth, Director of Federal Affairs, National League of Cities 12:00 - 1:45 pm GENERAL LUNCHEON Economic Outlook for California Cities Speaker: Joseph Wahed, Senior Vice President and Chief Economist, Wells Fargo Bank, San Francisco 2:00 - 3:15 pm CONCURRENT SESSIONS I. Deferred Compensation This session will include a discussion of various plan options, alternative systems for administration of deferred compensation, guaranteed versus non-insured investments, and safety of funds. II. Cost Accounting Good city cost accounting is becoming more and more important in order to comply with the appropriations limit, recent fee legislation and other requirements. This session is intended as a practical nuts -and -bolts session on how to do cost accounting. —5— 3:30 - 4:45 pm CONCURRENT SESSIONS I. Investment Disclosure GASB 3 establishes new standards for disclosure of investment information in city financial statements. This session will discuss how treasurers and finance officers can work together to meet these standards. H. Budgeting Techniques that Work This session will feature a potpourri of budgeting ideas that are working in California cities. 7:00 - 9:00 pm RECEPTION - MONTEREY BAY AQUARIUM Friday, December 4 9:00 - 11:45 am GENERAL SESSION Building a Winning Financial Management Team A workshop on collaborative negotiating and communication skills and techniques with which you can enhance the effectiveness of your municipal financial management operation. fmsprog.train DATE: Nov. 5, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM (xx) MEETING DATE: Nov. 12, 1987 SUBJECT: SETTING AN EMINENT DOMAIN HEARING ------------------------------------------ ----------------------- FUNDING REQUIRED NO FUNDING REQUIRED X As Council is aware, staff has been negotiating to obtain the necessary right-of-way to install the signal light upgrade at the northwest corner of Mt. Vernon Ave. and Barton Road. The subject property is currently in escrow and staff has been unsuccessful in obtaining a voluntary dedication. Staff will continue to try to negotiate a dedication without eminent domain proceedings, but we must start the process in order to be assured 4W that this project will be completed as soon as possible. We are setting a hearing for December 3 at 6:30 P.M., and after the hearing the City will be able to take possession of the necessary right-of-way within thirty days. This will enable us to construct the budgeted improvements at that intersection. STAFF RECOMMENDS THAT COUNCIL: ADOPT RESOLUTION NO. SETTING A TIME AND PLACE FOR PUBLIC HEARING ON ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN. TS:bt .0 COUNCIL AGENDA ITEM 0,314 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,, SETTING A TIME AND PLACE FOR PUBLIC HEARING ON ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN WHEREAS, this City Council intends to undertake a certain Project generally described as follows: To install and construct curb, gutter and street improvements, including the installation of intersection street lighting and signalization, as well as all improvements and equipment which may be necessary and incidental thereto. hereinafter called "Project"; and WHEREAS, in order to accomplish said Project, it appears necessary to acquire certain property, hereinafter called "Subject Property"; and WHEREAS, this City Council desires to fix a time and place for a public hearing on the matter of the adoption of a Resolution of Necessity to acquire said Subject Property by eminent domain, pursuant to Sections 1245.210 et seq. of the Code of Civil Procedure; and WHEREAS, this City Council has received, considered and ordered filed in the office of the City Clerk a copy of a proposed Resolution of Necessity to acquire said Subject Property by eminent domain: NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. That the above recitals are all true and correct. Section 2. That the acquisition of said Subject Property appears necessary to accomplish said Project and that a proper and legal description of said Subject Property is set forth in said proposed Resolution of Necessity, a copy of which is on file in the office of the City Clerk. Section 3. That this City Council hereby calls a public hearing on the matter of the adoption of said Resolution of Necesssity to acquire said Subject Property by eminent domain at the time and place specified as follows: TIME PLACE 6:30 p.m. Grand Terrace Council Chambers Thursday 22795 Barton Road December 3, 1987 Grand Terrace, California Section 4. That each person owning or claiming a right in said Subject Property to be acquired by eminent domain shall be given a reasonable opportunity to appear and be heard at said public hearing on the matters specified as follows: (a) The public interest and necessity require said Project; 4 (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; and (c) The property sought to be acquired is necessary for said Project. Section 5. That, pursuant to Section 1245.235 of the Code of Civil Procedure, the City Clerk is hereby authorized and directed to give mailed notice of said public hearing, not less than fifteen (15) days prior thereto, first class and postage prepaid, to each person owning or claiming a right to said Subject Property proposed to acquired by eminent domain and whose name and address appears on the last equalizF:d county assessment roll. Section 6. That, for further particulars, reference is made 2. to said proposed Resolution of Necessity on file in the office of the City Clerk and to Section 1245.235 of the Code of Civil Procedure and sections related thereto. ADOPTED this 12th day of November, 1987. ATTEST: Deputy City Clerk Approved as to Form: ity Attorney PI Mayor of the City of Grand Terrace and the City Council thereof. 3. IM DATE: November 5, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: November 12, 1987 SUBJECT: Resolution Fixing Times for Regular City Council Meetings, Commission Meetings and Committee Meetings FUNDING REQUIRED NO FUNDING REQUIRED X A requirement of the Ralph M. Brown Act, setting forth open meeting laws, states that there should be a Resolution or Ordinance of the City Council fixing times for Regular City Council Meetings, Com- mission Meetings and Committee Meetings. STAFF RECOMMENDS: Council adopt Resolution fixing times for Regular City Council Meetings, Commission Meetings and Committee Meetings. NB COUNCIL AGENDA ITEM ;# RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FIXING TIMES FOR REGULAR CITY COUNCIL MEETINGS, COMMISSION MEETINGS AND COMMITTEE MEETINGS THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does hereby RESOLVE, DETERMINE AND ORDER as follows: #AW Section 1. Regular meetings of the City Council of the City of Grand Terrace shall be held on the second and fourth Thursday of each month at the hour of 5:30 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in the Grand Terrace Civic Center Council Chambers. Section 2. Regular meetings of the Planning Commission of the City of Grand Terrace shall be held on the first and third Monday of each month at the hour of 7:00 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in the Grand Terrace Civic Center Council Chambers. Section 3. Regular meetings of the Crime Prevention Committee of the City of Grand Terrace shall be held on the second Monday of each month at the hour of 6:00 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in, the CSO Office, Grand Terrace Civic Center (City Hall). Section 4. Regular meetings of the Emergency Operations Committee of the City of Grand Terrace shall be held on the third Monday of each month --�t the hour of 7:00 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in the E.O.C. Conference Room, Building 3, 22795 Barton Road, Grand Terrace. Section 5. Regular meetings of the Historical and Cultural Activities: Committee of the City of Grand Terrace shall be held on the first Monday of each month at the hour of 7:00 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in the Community Meeting Room, Grand Terrace Civic Center (City Hall). 11 Resolution No. 87- Section 6. Regular meetings of the Parks and Recreation Committee of the City of Grand Terrace shall be held on the first Monday of each month at the hour of 7:00 o'clock p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day. Said meeting shall take place in the Community Meeting Room, Grand Terrace Civic Center (City Hall). ADOPTED this 12th day of November, 1987. ATTEST: City Clerk of the City of Grand Terrace and of the City Council thereof. 4W Approved as to form: City Attorney Mayor of the City of Grand Terrace and of the City Council thereof. COUNCIL MEETING DATE: November 12, 1987 _ DATE: Ort nf,Rr 12 ,, 1987 COMMISSION/COMMITTEE: PARKS AND RECREATION_ PROBLEM* Subsidy of 1/3 or S500 for Grand Terrace Soccer Club for the use of Park lights duing their season. Facts : Grand Terrace Soccer Club has requested, through this Committee, that the established policy of subsidizing 1/3 or $500 worth of light tokens be continued for their 1987 season. ALTERNATIUES_ 1. Authorize 1/3 or $500 subsidy for Grand Terrace Soccer Club. 2. Do not authorize 1/3 or $500 subsidy for Grand Terrace Soccer Club. SOLUTION: The Committee feels it is a positive relationship between Parks & Recreation/City of Grand Terrace and athletic organizations/leagues to support, by way of a subsidy, leagues' lighting needs for the good of the residents of Grand Terrace. REDUESTE❑ ACTION TO HE TAKEN HY COUNCIL AND/OR STAFF_ Accept Alternative #1 above. COMMISSION AND COMMITTEE REPORTS COUNCIL MEETING DATE: COMMISSION/COMMITTEE: Historical & Cultural Comnittee SUBJECT: Annual City Birthday Part P LEM: v DATE: 11/2/87 Facts: The City Council has voted to have the City Birthday Party celebrated once every five years. The Historical & Cultural Committee is asking the Council to reconsider their vote as this did not cost the City anthing except for a cake as this affair has always been pot luck. There has always been a good turn out and people seemed to enjoy getting together once a year for the purpose of celebrating the City's birthday. ALJERNATIVES: SOLUTION REQUESTED ACTION TO BE TAKEN BY COUNCIL AND/OR STAFF: The Committee is asking that the Council reconsider their vote to hold the annual Birthday only once every five years. CDUWJL AGENDA ITEM 0 5�9;t �� 1 COMMISSION AND COMMITTEE REPORTS COUNCIL MEETING DATE: COMMISSION/COMMITTEE: Historical & Cultural ActivitiesCorm-; tee SUBJECT: sister City in Italy P&L E M. Facts: DATE: 11-2-87 Alba Zampese and Bill DeBenedett brought back from Italy many plaques and pictures, etc. from our sister city. Tony Petta will present these to the City at the next council meeting in their behalf. ALTERNATIVES: SOLUTION: REQUESTED ACTION TO BE TAKEN BY COUNCIL AND/OR STAFF: Would like to have this item included in the agenda for the next council meeting on November 12th. /�'\ 5p CRA AGEP40A ITEM NU. � HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Minutes of the November 2nd, 1987 Meeting The meeting was called to order by Chairman Vi Gratson at 7:10 PM. Those present were Ann Petta, Hannah Laister, Vi Gratson, Irene Mason, Linda Laufer, Pauline Grant, and Kathy Harmon. The minutes of the October 5th meeting were read and approved. Irene made a motion to accept and Ann seconded. Treasurer's report has not changed. Country Fair: Publicity: Irene submitted an article to the Chamber of Commerce Newsletter; also a notice to Cable TV. Pauline sent letters to the radio stations; Kathy sent an article to all the newspapers. She also had an article in the Quilter's Newsletter. Posters are out and in most stores around town. Kathy had a large sign made to put up in from of Pure Design on the day of the fair. Vi will make signs for parking, etc. Kathy will call around for pricing on renting a tent in case of bad weather. Supplies have been purchased by Hannah. Vi will get crackers to go with the chili. Judges: Pat Nix and Hugh Grant have accepted as judges; Tony Petta as MC. Pauline will ask Ed O'Neill of Toastmasters. Others still have to be heard from. Members should be at the Comunity Center at 8:00 AM to help set up. Participants should be at the Center by 9 AM to do their setting up. Food for judging should be there by 10 AM and we will all encourage participants to remain -until 4 PM for any late -comers. New Business: City Birthday Party: The City Council voted to have the Birthday celebration once every five years rather than yearly. Next year will be the loth anniversary. The Committee felt that the party should be continued yearly and will ask the City Council to reconsider their thinking. Ann made a motion to do this and the vote was unanimous in favor. 4 Sister City: Ann show many items brought back from Italy by Alba Zampese and Bill DeBenedett. These will be present to the City Council by Tony Petta on their behalf at the next Council meeting. The Committee would like to find a permanent place to display at least three of the larger plaques. This will be discussed further. There will be no meeting in December but members will meet to change the display in our display case in the lobby. Our next meeting will be January 4, 1988. Kathy is working on a banner which can be used by the Committee permanently. She has three bids which will be submitted to the Council for approval. The meeting was adjourned at 8:30 PM. A motion to adjourn was made by Linda, seconded by Ann. Respectfully submitted, Hannah Laister, Secretary CRA AGENDA ITEM NO. �`� Z (C -- STAFF* REPORT'' 11/3/87 C R A ITEM ( ) COUNCIL ITEM (Xk MEETING DATE: N)v 12 1461 AGENDA ITEM NO. SUBJECT A Request to Consolidate Four Individual Parcels into One Legal Parcel on the West Side of Mt. Vernon Road, North of Barton Road (Forest City Dillon, Inc.) FUNDING REQUIRED NO FUNDING REQUIRED X BACKGROUND On July 25, 1985, the City Council adopted Resolution No. 85-14, approving Specific Plan and Conditional Use Permit 85-8/ Mt. Vernon Villas, Phase I. On August 14, 1986, Council approved a one year extension for the Specific Plan. As a part of the conditions of approval (Condition No. 25), the applicant is required to merge all the parcels into one parcel and record a map with the County Assessor. The tentative map submitted to you at this time is the first step in fulfilling this condition. ZONING AND LAND USE Proper GP Zone Land Use Subject Property MDR R-3 Vacant To the North MDR R-3 Edison Easement To the South MDR R-3 Vacant and Single _ Family Residence To the East LDR R-1 Single Family Residences To the West MDR R-3 Gage Canal DISCUSSION The subject map merges four independent parcels into one single 15.6 acre parcel for development purposes. The purpose of the map is to eliminate the future construction of buildings over existing property lines and to have all the corners monumented for surveying purposes. The boundary lines of the proposed map are consistent with the approved Mt. Vernon Villas Phase I apartment project (SP/CUP-85-8). Reviewing_ Agency Recommendations Included in the attached resolution are recommended conditions or approval submitted by the City Engineer and the Forestry and Fire Warden Department. lCRA AGENDA ITEM NU. C0� RECOMMENDATION The Planning Department recommends the City Council adopt the attached Resolution (Attachment A) recommending the City Council approve TPM-87-7. Respectfully Submitted, David --Sawyer, -PI6 n'ing- Irec-tor /G-cs--z � RESOLUTION NO. A RESOLUTION OF THE CITY CIJVI\V Li, yr inn, ullY OF GRAND TERRACE, CALIFORNIA, APPROVING TPM- 87-7 WHEREAS, the Applicant, Forest City Dillon, has applied for approval of TPM-87-7 for a consolidation of lots located at 11712, 11752 and 11792 Mt. Vernon Avenue (Assessors Parcel Nos. 275-251-06, 23, 24 and 78) for the purpose of constructing Phase I of Mt. Vernon Villas (SP/CUP-85-8); and WHEREAS, the filing of a one parcel subdivision was a condition of approval for SP\CUP-85-8; and WHEREAS, a properly noticed public hearing was held by the Planning Commission on October 19, 1987, regarding this application; and WHEREAS, the Planning Commission recommended approval of TPM-87-7 to the City Council; and WHEREAS, a properly noticed public hearing was held by the City Council on November 12, 1987, regarding this application, NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby resolve that the following findings have been made: 1. That the site is physically suitable for the proposed type of development. 2. That the site is physically suitable for the proposed density of development. 3. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or type of proposed improvements are not likely to cause serious public health problems or cause threat to life and property from a wildland conflagration. 5. That the proposed subdivision together with the provisions for its design and improvements are consistent with the General Plan and the approved Specific Plan. 6. That the proposed subdivision, its design, density and type of development and improvements conform to the conditions imposed by this (-hapter, the regulations of the Development Code, and the regulations of any public agency having jurisdiction by law. ATTACHMENT A 7. That there exists an approved Specific Plan covering the area proposed to be included within the project. 8. That the proposed land project together with the provisions for its design and improvement are consistent with the adopted Specific Plan for the area. BE IT FURTHER RESOLVED that TPM-87-7 (Exhibit A) is hereby approved subject to the following conditions of approval: 1. The Applicant shall meet all conditions of the Forestry and Fire Warden Department contained in it's memo dated October 23, 1987 and attached as Exhibit B. 2. The Applicant shall meet all the requirements of the California Subdivision Map Act. ADOPTED this 12th day of November, 1987 ATTEST: Deputy City Cier-k of the City Mayor of the City of Crand of Grand Terrace and of the Terrace and of the City City Council thereof Council thereof. to I, JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace 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 12th day of November, 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Deputy City Clerk APPROVED AS TO FORM Ivan Hopkins, City Attorney ,re�evr ®�+cirt^r ars7lw .R�.tcY eAr �rrocrcre�r �a st.rz�•a.e�o. l A WAMCOTT I ASSOCIATES, I16. �Ai t R_ 7/2d 1 i J~ �osw a+s crv. �nc�m^ � %Wl i , 1 zo,</ivo �,ovo �E- 67,yriw roc.-u, ..... ,�•, /.A?/bS�GCSf/O'KE... �O/°la�ri/ft/1y UT/L/T/E9 ter.... ..case sr s. 447 rrnrAcar lot"Mr.csr. doosav m. Aww ........ , no cac. 49" at 71Yd-/,bA2W- .. /fKYFK .IGGL ,oC.PE,osE ,lace✓ .r�s 44- - NOlE � sce�-+.ti�rn�Eo �rosEr �.ws /a.�.arottrtkr%max -67 Urr a-emmov.~. a�.vri:<ruxioa TEXT. T,P4rr'T 1_/O. /37.57 ,�! ifY.�lGVj7yGpC/ OF d�r�.!/O C"0Q 1tfo� cc.-,aos+.rs �s !;:,rovsexrs+ti�n0 ea sCliL'E•/z.,� /OVTE�,oG>!/. .�. soI Oa EXHIBIT A FORESTRY AND FIRE ARDEN DEPARTMENT COUNTY OF SAN BERNARDINO Fire Protection Planning Services • County Government Center OFFICE OF.PUBLIC SAFETY 385 No. Arrowhead Avenue, First Floor San Bernardino, CA 92415-0186 (714) 387-4212, 387-4213 I FLOYD TIDWELL, Director FIREVARDEN �GLEN J. NEWMAN. Chief EMERGENCY SERVICES 41�\\ �I DATE OCTOBER 23, 1987 TPM-87-7 TO CITY OF GRAND TERRACE R E F E R E N C E N 0: # 1 3 7 5 7 PLANNING DEPT. G \/ M04 : 275-251-06,23,24,78 FROM GLEN J. NEWMAN County Fire Warden • _ DEPASnME� I � SC LCT FIRE PROTECTION REQUIREMEivti�V lNG CHECKED BOXES WILL APPLY TO YOUR PROJECT IXI F1. The above referenced project is protected by the Forestry 3F001 & Fire Warden Dept. Prior to construction occurring on any parcel the owner shall contact the fire department for verification of current fire protection development requirements. I X I F2. All new construction shall comply with applicable sections of the 5F002 1985 Uniform Fire Code (Ordinance No. 3055), Development Code, Community Plans, and other statutes, ordinances, rules and regulations regarding fires and fire prevention adopted by the State of California. IXI F3. The street address shall be posted with a minimum of three (3) 5F003 inch numbers, visible from the street in accordance with San Bernardino County Ordinance No. 2108, prior to occupancy. Posted numbers shall contrast with their background and be visible and legible from the street. IXI F4. Each chimney used in conjunction with any fireplace or any 5F004 heating appliance in which solid or liquid fuel is used shall be maint- ained with an approved spark arrestor as identified in the Uniform Fire Code. I X I F5. All flammable vegetation shall be removed from each building 3F005 site a minimum distance of thirty (30) feet from any flammable building material, including a finished structure. I I F6. The development and each phase thereof shall have two points 1F006 of vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required in the Development Code. I X I F7. Private roadways which exceed one -hundred and fifty (150) i.n IC007 length shall be approved by the fire agency having jurisdiction, and shall be extended to within one -hundred and fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road shall. be provided within fifty (50) feet of all buildings is the natural grade between the access road and building is in excess of thirty percent (30%). Where (1) EXHIBIT B the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire department. I X I F8. A turn -around shall be required at the end of each roadway 150 1F008 feet or more in length and shall be approved by the fire department. Cul-de-sac length shall not exceed six -hundred (600) feet except as identified in the Development Code. I X I F9. Private road maintenance, including but not limited to grading 1F009 and snow removal, shall be provided for prior to recordation or approval. Written documentation shall be submitted to the fire agency having jurisdiction. , I F10. All fire protection systems designed to meet the fire flow 1FO10 requirements specifide in the Conditions of Approval for this project shall be approved by the fire agency having jurisdiction prior to the installation of said systems. Said systems shall be installed and made serviceable prior to recordation unless construction of said systems has been bonded for a s required by the water purveyor. Water for fire protection, as required by the fire agency having jurisdiction, shall be in and operable prior to the start of building construction and shall be over and above the average daily consumption of water. The following are minimum requirements for your proposed development: A. System Standards *Fire Flow GPM @20 psi Residual Pressure Duration Hour/s 6 Hydrant Spacing Feet between hydrants *If blank, flow to be determined by calculation when additional construction information is received. B. Distribution System Mains 6 inch minimum Laterials 6 inch minimum Riser 6 inch minimum C. Fire Hydrants Numbers * Total*To be determined upon sub- mittal of intended use Type 6 Inch w/ - Inch outlet/s with National Standard thread and with inch pumper connection Street Valve 6 Inch Gate IX I Fll. The required fire flow shall be determined by appropriate cal- F011 (2) culations, using the 1974 editin of the Insurance Services Office (ISO) "Guide for the Determination of Required Fire Flow." F12. In areas without water -serving utilities, the fire protection IF 12 water system shall be based on NFPA Pamphlet No. 1231, "Water Supplies for Suburban and Rural Fire Fighting". A storage reservoir must be provided for each parcel; the minimum capacity to be maintained shall be determined by the fire department. JX� F13. The developer or his engineer shall furnish the fire department F13 with two copies of water system improvement plans where fire protection water systems are required. The fire department shall also sign all water plans prior to recordation. F14. Mountain Fire Zone building regulations specified in San Bernardino I,t.. County Ordinance No. 2475 shall be strictly enforced. F15. A greenbelt or fuel modification zone shall be required. Req- F15 uirements will be site specific to the project. The greenbelt/zone plan must be filed with and approved by the fire department with jurisdiction prior to recordation of the final map. Maintenance of said greenbelts and/or fuel modification zones shall be provided for with approval from the fire department. Questions and/or comments may be directed to the Fire Protection Planning Section; County Government Center, 385 North Arrowhead, 1st Floor, San Bernard- ino, California, 92415-0186; or call 714-387-4225. Thank you for your coopera- tion. S' erely, BY KARL F. SCHNEIDER Fire Protection Planning Assistant cc: Forest City Dillon Riverside -Highland Water Co. L. A. Wainscott & Assoc., Inc. 3517 File The following are I I Non -Standard Conditions I I Clarifications I Comments: (3) DATE: STAFF REPORT 11 3,B1 C R A ITEM ( ) AGENDA ITEM NO. COUNCIL ITEM (X� MEETING DATE: SUBJECT Zoning Change and General Plan for CDS Engineering FUNDING REQUIRED NO FUNDING REQUIRED X BACKGROUND NOV 1 z 1987 On September 8, 1987, the Planning Commission denied SA-87-8, a request by the current applicant to approve the placement of a commercial structure on the subject site. At the same meeting the applicant requested a General Plan Amendment and a Zoning Map Amendment to allow the necessary parking to be added to the subject site. The Planning Commission continued these applications pending possible appeal of the SA-87-8 decision to the City Council. The applicant subsequently appealed the`SA-87- 8 decision to the City Council where the Planning Commission's denial was upheld. However, the Council did indicate that a similar plan with some adjustments may be acceptable. As a result of that meeting and discussion with staff, the applicant requested the Planning Commission approve the General Plan and Zoning Map Amendments to allow a revised parking layout and conceptual landscape plan which provides parking on the south #4& side of the hotel, to be approved. At the Commission's meeting of November 2, 1987, the Planning Commission recommended the City Council approve the Amendments as conditioned. These conditions are listed in Attachments A and B. DISCUSSION The applicant is proposing to change the area designated on Attachment C from Medium Density Residential to General Commercial on the General Plan Land Use Map and from R-3 to C-2 on the Zoning Land Use Map. This will allow the applicant's siteplan to provide the majority of parking for the Retirement Hotel to the South of the hotel with some additional spaces located to the North. The Planning Commission reviewed the submitted parking layout and conceptual landscaping plan which proposes 119 parking spaces and two loading spaces, this meets the required 102 parking and loading spaces. The proposal also meets the required 5% landscaping requirement for parking areas. The landscaping plan indicates the use of Jacaranda and Crape Myrtle trees with shrubs of Indian CRA AGENDA ITEM NO. CJ16 Hawthorne and Pittosporum located throughout the site. The parking layout and landscaping plan is to be approved by Staff after further revisions are completed. This application does not address the issue of a commercial structure on this site, it only allow the parking to be moved to the South of the hotel structure. The Planning Staff feels this is an improvement to the original siteplan and will eliminate much of the pedestrian\vehicular conflict that was present in the original plan. Staff has indicated to the applicant that the approval of these amendments does not in any way represent current approval or indicate future approval of a revised commercial structure on this site. Such an application will need separate application, review and approval. Conditions of Approval The following conditions of approval are recommended by Staff for these applications: 1. Barton Road a) Design street iimprovements along Barton Road frontage. b) Obtain the necessary clearances from Gage Canal Company and the City of Riverside to install said improvements over the Gage Canal within the Riverside Right of Way. c) Construct the improvements as approved by the City of Grand Terrace, Gage Canal and City of Riverside. 2. Align the driveway from subject property as closely as possible with thesoutherl,y extension of Canal Street. 3. Pay proportionate share of traffic signals to be installed by the City at the intersections of Barton Road and Canal Street and Barton Road and Mt. Vernon. 4. Record a one lot subdivision on the commercially zoned property to include the 88 unit Terrace Retirement Hotel property boundary. 5. Pay off any outstanding sewer bonds. 6. Comply with all of the City of Grand Terrace ordinances. 7. All improvements be designed by owner's civil engineer to the specifications of the City. RECOMMENDATIONS The Planning Department recommends the City Council adopt the attached resolutions (Attachments A and B) approving GP-87-3, Z- 87-3 and their associated Negative Declaration. Respectfully Submitted - Planning Director :I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING GP- 87-3 AND A NEGATIVE DECLARATION WHEREAS, Applicant's proposed development, the Terrace Plaza Retirement Hotel is primarily designated under the Grand Terrace General Plan as GC. Currently, the proposed parking area is designated both GC and MDR; and WHEREAS, Applicant, CDS Engineering is requesting a change in the General Plan Designation from MDR to GC for that portion of their property illustrated on Exhibit A, attached hereto; and WHEREAS, Applicant is requesting this change in General Plan Designation so that its development, the Terrace Plaza Retirement Hotel, can be under one designation, GC; and WHEREAS, -this change in General Plan Designation will have no environmental impact as evidenced in the Negative Declaration attached hereto as Exhibit B; and WHEREAS, a duly noticed public hearing was held on November 2, 1987, before the Planning Commission of the City of Grand Terrace; and WHEREAS, the Planning Commission recommended approval of GP- 87-3 and the Negative Declaration to the City Council; and WHEREAS, a duly noticed public hearing was held on November 12, 1987, by this City Council. NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby resolve as follows: 1. The proposed change in General Plan Designation will allow for consistency in the development of project that is designated General Commercial. The, proposed change in General Plan Designation will have no significant effect on the environment as evidenced by the attached Negative Declaration. BE IT FURTHER RESOLVED by the City Council of the City of Grand Terrace, California, that the Negative Declaration is hereby approved and GP-87-3 as illustrated on Exhibit A, is approved subject to the following conditions: ATTACHMENT A 1. Barton Road a) Design street improvements along Barton Road frontage. b) Obtain the necessary clearances from Gage Canal Company and the City of Riverside to install said improvements over the Gage Canal within the Riverside Right of Way. c) Construct the improvements as approved by the City of Grand Terrace, Gage Canal and City of Riverside. 2. Align the driveway from subject property as closely as possible with the southerly extension of Canal Street. 3. Pay proportionate share of traffic signals to be installed by the City at the intersections of Barton Road and Canal Street and Barton Road and Mt. Vernon. 4. Record a one lot subdivision on the commercially zoned property to include the 88 unit Terrace Retirement Hotel property boundary. 5. Pay off any outstanding sewer bonds. 6. Comply with all of the City of Grand Terrace ordinances. 7. All improvements be designed by owner's civil engineer to the specifications of the City. ADOPTED this 12th day of November, 1987 ATTEST: Deputy City Clerk of the City Mayor of the City of Grand of Grand Terrace and of the "Terrace and of the City City Council thereof Council thereof. 1,, JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace 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 12th day of November, 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Deputy City--Ur—e ---- APPROVED AS TO FORM Ivan HopRins, City Attorney EXHIB-IT A y I CA m -21 rzl .... .... ..... .. ...... ............. .... .. . Lu Lu OR LEGEND SUBJECT SITE Ny rl P L T-1 I BYRON R. MATTESON Mayor BARBARA PFENNIGHAUSEN Mayor Pro Tem Council Members HUGH J GRANT NEGATIVE DECLARATf0N DENNISL EVANS SUSAN CRAWFORD THOMAS J SCHWAB City Manager Pur-Suant to the Califor.rlis Environmental Quality Act, a Negative De,claratlon is hereby filed on the below -referenced project, on Mlle basis that said project will not have a significant effect on thc: envi ronmerl t . DESCRIPTION 01' THE PROJECT: A request -to change the General Plan Land Use Map designation from Medium Density Residential to General Commercial and change t-.h(? Zolzing Land Use Map designation from R-3 to C-2 in order to facilitate parking for a previously approved retirement hotel. APPLICANT: CDS Engineering LOCATION-: 22325 Barton Road 1V I.NDING OF NO SIGNIFICANT EFFECT: based upon the attached Initial Study, there is no substantial eva-clence that the project will• have a significant effect on the environment. Al')pr•oved by: 1)iiv 1 d Sawyer, PIi11111111g 1)]-I"eCtt) c'l l y of Grarld "I't lace EXHIBIT B 19 CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY I Background 1. Name of Proponent. City of Grand Terrace 2. Address and Phone Number of Proponent: City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92324-5295 Attention: David Sawyer, Planning Director 3. Date of Environmental Assessment:�� 4. Agency Requiring Assessment City of Grand Terrace 5. Name of Proposal, if applicable (� �_ g 6. Location of Proposal: 22- - �, �. Q I Environmental Impacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets. ) 1. Earth. Will the proposal result in: a. Unstable earth conditions or In changes in geologic substructures? 1 Disruptions, ciisp;acernents, compac- tion or overcover,ng of the solp Sul)stanhal change if, toljocPrapl-ly or c1round surlcice f-elle-4 f(-�Iture;r 1-he cfe"[1-m hol), covcrinc) or (m)th hc.atloll of .Iny unlgt-w rlc-c)lo(jlr_ or hhy`,Icill 1('�l lUl'('ti' e AII� S111)5(,111t1 1� Ir1CrC'd .e Ifi V.'III(� or water erosion of -,oils, cl(her on of - or off sltC'� Yes Maybe No X 4 19 Yes Maybe N,o f Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterior- ation of ambient air quality? — b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Substantial changes in, absorption rates, drainage patterns, or'the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body e. Discharge into surface waters, or in any alteration of surface water qual- ity, including IDUt not limited to, temperature, dissolved oxygen or- turf.�i�lity AII(, ,Boi) of the direc-liotl of - of flow of around water-<,i OP 9 6W IM g. Change in the quantity of ground waters, either through direct add r- trons or withdrawals , or through inter- ception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water- otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flood- ing or tidal waves? U. Plant Life. Will the proposal result in; a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare, or endangered species of plants? C. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenish- ment of existing species? d. Substantial reduction, ,in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in; a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects) � b. Reduction of the numbers of any unique, rare or end angered specie, of anrrn rls, Uc(er for tl�i�ri t e�i ;tnrq (ish or %"' 1)a1)1t rt' Yes Maybe No In 4 0 0 -X, Yes Maybe No 6 Norse. Will the proposal result In. a. Increases in existing noise levels? b. Exposure of people to severe noise levels? - x 7. Light and Glare. Will the proposal produce substantial new light or glare? 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resources? b. Substantial depletion of any non- renewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation),in the event of an accident or upset conditions? b. Possible interference with an emerg- ency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or, growth rate of the human population of an area? 12. Housin g. Will the proposal affect existing housing or create a demand for- additional hUUSing �------- 1 3 I ra r I sp o r t <; tion/Cn-c.i"I1-Ihorl. Will the ---- i�1-0-- I,ropos'Il (-<,ul( ill Gener'Irlon of I,<,l<,nli ,l 'Iddition'-11 Vehicul;11 IIIUV;.fll/'n( ) I Yes Maybe No ID. Effects on exlsting parking facili- ties, or demand for new parking? C. Substantial impact upon existing transportation systems d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other r-ecreational faci- lities7 e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in a. Use of substantial amounts of fuel or energy? b. Substanl! al increase in demand upon existing sources of energy, or- fe_ clulre the development of new sources of energy �- 16 1he lJtllitles r ip1 ut>os'rl resell In need fur rlew ;y ,(ems or s,_rbstl,ntl rl crlier �,tion s to the lullowincj utllrUc s Power or n�rturrl c-C) <I S 7 I Yes Maybe NO b Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage? _— f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health) I b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view' \/ 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational oppQ'rtunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeo- logical site? — b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or obiect' _ c Does the proposal Have�- to cal.ISC -) pi ril (h� lnye which would affect unlque (:thnl(- CLIltur al 21 11 d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environ- mental goals? (A short-term impact on the environment is one which oc- curs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumu- latively considerable' (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly • -.�'- tom. �^` �'_ Yes Maybe No An X ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation; I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheets have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED, I find the proposed project MAY have a significant effect on' the environment, and an ENVIRONMENTAL IMPACT REPORT is required. David Sawyer Plannin for ate ignature 4W For City of Grand Terrace III_ DISCUSSION OF THE ENVIRONMENTAL EVALUATION No. lb The subject property is partially vacant, therefore the proposed project Ni11 result I in overcovering and compaction of the currently vacant soil. The project is not designated as openspace in the City's General Plan. No. 3b The change of absorption rates will be adequately mitigated by proper engineering design and construction techniques as required by City code. No. 6a The development of the subject property as a parking lot will result in an increase in existing noise levels however this impact will be mitigated through design standards included in the conditions of approval for CUP-85-9 as well as the City,s existing Noise Ordinance. No. 7 The increase i.n light and glare will be mitigated through an approved lighting plan in accordance with the attached conditions of approval. o. 8 The project will allow the development of a parking facility for a previously approved 88 unit Senior Citizen Retirement Hotel on property adjacent to the subject property Which is properly zoned for such development. Approval of this project will allow the entire site to be designated as general commercial. No. 12 The project will result in the removal of two currently occupied rental units, additional vacant units in the same complex are to be made available to the displaced occupants. I P m- ! MW -"qlm ow womoft. CA L' tb�,5 - Irof, N .......... ............. H. VICTD ..... ...... Lv........ ..... .. ... N....... .. .... ... ...... ..... . 4 Lu CARHART AV ........... It • ' , ' �" 1, / �� .. ., .. II _ 'ter I \\ \\ \i it p a +i cARRCN T 41 a 2 - I --, I I MAY!', CONI)1'1'1ONS OF APPROVAL 12-8.5032 CONDJTWN;�L USE PLI:1` IT 85_9 SENIOR (1111.1ZI,N REST HOME I'11131,1C WORK; 1. Barton Road. a ) Install curt), gutter and sidewalk along front of property and Cage Canal right of way. b•) Install new asphalt paving between new curb and existing pavement. C. Install sidewalks along Barton Road frontage. d•) Relocate power poles, as required, to provide for new curb and driveway openings. e•) All improvement plans shall be to the City Engineer's satisfaction. L Relocate power line easements that run north and south through property as necessary. 3. Provide driveway access to property west of the site. 4 Provide plans for and relocate all utilities rving the parcel to the south; not limited tosewerSewaterr, telephone, electric, Cable T.Y, and gas. Relocate water lines as required by the Riverside Highland Water Co. 6• Install fire hydrants and fire protection as required by the Fire Department and Uniform Building Code, 7• Reed Street provide additional right -of_' y dedication. a . Plans shall be prepared to the City Engineer's saLlsfacL)on. t' ) Instaa]- curb and ut Ler 1%] IL east of street cent�r)�nc' fur lic nolLh 400 ft, t p<iv�n;, bet, een nee, cur b cl• ) The t:wo east and west streets i.n Chc housing development south of this projecL are Lo be extended to Reed SLreeL. Pave widLhs shell be per Ii.rc Marshall's cequ.iremenls. �{. Provide easements for access and egress to parcel Lo .,ouch; and for access and egress through parcel Lo souLh. `). All uLzliti.es to be served underground. It). Pay all applicable fees. II• Building plans shall conform to the 1982 Uniform Building Code and all state regulations, 11• ,One elevator shall be lar ge enough to accommodate an ambulance litter. PU NNINC: 1. Plant landscaping as required by Section 18,27,160 of Title 18. 2. Construct 6'' high curb between landscaping and vehicle area, 3. Provide facilities to accept drainage from the Cage Canal right—of—way. +. Install sprinklers for- all landscaped area. 5. Maximum height of building shall be no more than 50 ft. 6. Any signs shall be submitted for separate approval by the Planning Commission. 7. Provide one parking space for each living unit, plus one for each employee. I-L H A pedestrian walkway shall be provided from Lhe building to Barton Road. 9 A 6 foot solid masonry wa)) shall be insta))eci r.l.on Lhc westerly ;)ro,)ecC boundary. g IU (initg Shull be rentr,d Lo scni r cit�ren5 only COIId i C i r-,n o C /\I�� 1 •,v,, r Y S E P k �I A ti r PCANNINC 0EPARIV04i nl'riilN n 1.4,,FT[SON v•'.4 nnnOnnn f'rEfa'I('AUSE'J 11 M:r ni Nt, ) IIl)GII.1 GFAl-11 ;3 I?ENNIS 1_ ( /nfJ i (nnl'/PORn 1110MAS .) SG: rWn(1 Gr)l Mums jo( N MEMORANDUM TO- David Sawyer, Planning Director From: Joseph Kicak, City Engineer Date: September 2, 1987 7 Subject: G.P. 87-3, S.A. 87-8 Barton 88 Partnership W.O. 12-8.5080 04rAs condition of approval of the above project follow' nare recommendations to be considered by the Planning Commission:the 1• Barton Road a) Design street improvements along Barton Road frontage. b) Obtain the necessary clearances from Gage Canal Company and the City of Riverside to install said improvements over the Gage Canal within the Riverside Right of Way. c) ConsLrucl- Lhe improvemenLs as approved by the CI Grand 'Terrace Cage Canal and C] Ly of R .verside I of subJecL I)ropr_rt=)' cto<,c�1y :Is I)c�'r.>Ili]c. l;rllh Lill'`;c uLherly e,;Censlon of �;an.rl SC -)I.. i I dy I>rr pall Ioll2)i c� share of by t.hc (r; y 'it LIIr' Lr lf(Ic. :,I_�,rl,.11:, Lo be 1n5,L,lllccl n t el c, l Hi 11-Loi) Roacl lnd G11fIFI I 't r Cr'L ,ul l li,ll I c,ll I ;,,,ci Incl I`1l Vel ncln i I I 1)a%,:I.d Sawyer SepLcnIhol- l 198/ Pa8c Two 4• record a one ]oL subcJjv.1slon on the commercially zoned properly to include Lhe 88 un.LL Terrace ReL-].remenL 1-10Lel property boundary, S. Pay off any ouLSLanding sewer bonds. 6. Comply With all of the City of Grand Terrace ordinances. 4 7. All improvements be designed by owner's civil engineer to the specifications of the City. JK•wl In RESOLUTION NO. A RESOLUTION OF THE CITY _-IL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING Z-87-3 AND NEGATIVE DECLARATION WHEREAS, Applicant's proposed development, the Terrace Plaza Retirement Hotel is primarily zoned C-2 under the Grand Terrace Zoning Ordinance; and WHEREAS, Applicant is proposing additional parking which will incorporate property that is currently zoned R-3; and WHEREAS, Applicant desires to change the R-3 zoned area of the project to conform to the C-2 zone by a zone change amendment; and WHEREAS, this proposed zone change is illustrated on Exhibit A, attached hereto; and WHEREAS, this proposed zone change will allow for consistency of zoning for the entire project; and kv WHEREAS, the proposed zone change will be consistent with the City's General Plan; and WHEREAS, a Negative Declaration has been considered and recommended for approval of this project and is attached to this Resolution as Exhibit B; and WHEREAS, a duly noticed public hearing was held on November 2, 1987, before the Planning Commission for the City of Grand Terrace; and WHEREAS, the Planning Commission recommended approval of Z- 87-3 and the Negative Declaration to the City Council; and WHEREAS, a duly noticed public hearing was held on November 12, 1987, before this City Council; NOW, THEREFORE, the City Council of: the city of Grand Terrace does herebv resolve as follows: ATTACHMENT B Section 1. The proposed zoning is consistent with the General Plan; and Section 2. The proposed zone change will allow for consistency in zoning in the project; and Section 3. There will be no significant effect on the environment as evidenced by the attached negative declaration. BE IT FURTHER RESOLVED that Z-87-3 as illustrated on Exhibit A is hereby approved subject to the following conditions: 1. Barton Road a) Design street improvements along Barton Road frontage. b) Obtain the necessary clearances from Gage Canal Company and the City of Riverside to install said improvements over the Gage Canal within the Riverside Right of Way. c) Construct the improvements as approved by the City of Grand Terrace, Gage Canal and City of Riverside. 2. Align the driveway from subject property as closely as possible with the southerly extension of Canal Street. 3. Pay proportionate share of traffic signals to be installed by the City at the intersections of Barton Road and Canal Street and Barton Road and Mt. Vernon. 4. Record a one lot subdivision on the commercially zoned property to include the 88 unit Terrace Retirement Hotel property boundary. 5. Pay off any outstanding sewer bonds. 6. Comply with all of the City of Grand Terrace ordinances. 7. All improvements be designed by owner's civil engineer to the specifications of the City. ADOPTED this 12th day of November, 1987 ATTEST: Deputy City CTerk of tie City Mayor of the City of Grand of Grand Terrace and of the Terrace and of the City City Council thereof Council thereof. I, JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace 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 12th day of November, 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Deputy City Clerk APPROVED AS TO FORM Tvan Ropkins, City Attorney 'EXHIBIT A LJ uc� U) Li DR Ilk LEGEND > ...... . . . . . . . . . . . . . So 0 9T SUBJECT SIT E rP 7L v�IAA WA PL �pl Ll BYRON R.MATTESON Mayor BARBARA PFENNIGHAUSEN Mayor Pro Tem Counat Members HUGHJ GRANT NEGATIVE' DECLARATION DENNIS L. EVANS SUSAN CRAWFORD THOMAS J SCHWAB City Manager JlurSuant to the California Environmental Quality Act, a Negative DOC1i.Yr-atiol1 is hereby filed on the below -referenced project, on 1"(-' basis that said project will not have a significant effect on ( he eiivi ronmerl t . DESCRIPTION OF THE PROJECT: A request to change the General Plan Land Use flap designation fr.orn Medium Density Residential to General Commercial and change the Zoning Land Use Map designation from R-3 to C-2 in order to facilitate parking for a previously approved retirement hotel. APPLICANT: CDS Engineering I.00A`l ION : 22325 Barton Road FINDING OF NO SIGNIFICANT EFFECT: Based upon the attached Initial Study, there is no substantial ev:lsence that the project will- have a significant effect on the environment. All,roved by: David Sawyer, PIdiming Uirec_tc, ('1l y of Grand "I'e /1•ac� EXHIBIT B CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL_ STUDY I Background I. Name of Proponent: City of Grand Terrace 2. Address and Phone Number of Proponent: City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92324-5295 Attention: David Sawyer, Planninq Director 3. Date of Environmental Assessment:�m 4. Agency Requiring Assessment City of Grand Terrace 5. Name of Proposal, if applicable (D_'R -7 6. Location of Proposal: 2a � � Q 1 Environmental Impacts (Explanations of all "yes" and !'fiaybe" answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? _ X b. Disruptions, displacements, compac- tion or overcover;ng of the soil, _. Substantial change In topography or ground sl_rrf,lc(, rellef features? i 1 f c rleslrrrctic,n covering or rnocil fl(. 01011 of ;lily unique Cje.ologic Or plly',lcZll fe<ltures� r_ Any suhst<.+rlt1111 Increase In wlrld or water eroslon of soils, elther on or or off site � f. Changes in deposition or erosion of beach sat —ids, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterior- ation of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, 4 in either marine or fresh waters? b. Substantial changes irr'absorption rates, drainage patterns, or' the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water qual- ity, including, but not limited to, temperature, dissolved oxygen or turl-)idity f. Alk-r,,tion of the direction or r rte of flow of ground waters' Yes Maybe No _X, M K . ._ - Y-1- -�K_ M -Ye s Maybe No g. Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through inter- ception of an aquifer by cuts or- excavatrons 7 h. Substantial reduction in the amount of water otherwise available for - public water supplies? r. Exposure of people or property to water related hazards such as flood- ing or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare, or endangered species of plants? — Y T C. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenish- ment of existing species? d. Substantial reduction• .in acreage of any agricultural crop? �-- 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? b Reduction of the numbers of any ur-Hque, rare or endangered specie, of t�nimals' Oetcriorirtion t existing fi ,f or -:!Idlifc habitat' -- Yes Maybe No 6, Noise. Will the proposal result in a. Increases in existing noise levels' b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce substantial new light or glare? B. Land Use. Will the proposal result in a substantial alteration of the present or land planned use of an area? 9. Natural Resources. Will the proposal — result in: a. Substantial increase in the rate of use of any natural resources? X b. Substantial depletion of any non- renewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, 4W but not limited to, oil, pesticides, chemicals or radiation) the event ,in of an accident or upset conditions b. Possible interference with an emerg- ency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area' 12. Housing. Will the proposal affect existing housing or create a demand for additions; housing 13. Transportation/Circulatlon • Will t`_.e prc, Propos<3l result In %1 Generijtlofl OI Suh'ItcJntl,Jl c-J(j(,IilOn,)j vehicular mo\ CinefM n IM Yes Maybe No b. Effects on existing parking facili- ties, or demand for new parking? / C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational faci- lities7 e. Maintenance of public facilities, including roads? V f. Other governmental services? �1 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy b. Substantial increase in demand upon existing sources of energy, or re- quire the development of new sources of energy, 15. Utilities "'Jill the prol,c,sdl result in a need for ncv; systeriis, or substantial dlteration s to tl�e fullowing utilities Power or natural g �s, N Yes Maybe No b. Communications systems? x C. Water'� d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal 17. Human Health. Will the proposal result in. a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view' 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20, Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeo- logical site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building structure, or ob)ect� — c. Does the proposal have the potential to cruse a physical change which would affect unique ethnic cultural values' Yes Maybe No d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environ- mental goals? (A short-term impact on the environment is one which oc- curs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly' - x ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation; I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheets have been added to the 4broroject. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on' the environment, and an ENVIRONMENTAL IMPACT REPORT is required. David Sawyer Plannin for ate ignaIure For City of Grand Terrace III. DISCUSSION OF THE ENVIRONMENTAL EVALUATION No. lb The subject property is partially vacant, therefore the proposed project will result ' in overcovering and compaction of the currently vacant soil. The project is not designated as openspace in the City,s General Plan. No. 3b The change of absorption rates will be adequately mitigated by proper engineering design and construction techniques as required by City code. No. 6a The development of the subject property as a parking lot will result in an increase in existing noise levels however this impact will be mitigated through design standards included in the conditions of approval for CUP-85-9 as well as the City,s existing Noise Ordinance. No. 7 The increase in light and glare will be mitigated through an approved lighting plan in accordance with the attached conditions of approval. No. 8 The project will allow the development of a parking facility for a previously approved 88 unit Senior Citizen Retirement Hotel on property adjacent to the subject property Which is properly zoned for such development. Approval of this project will allow the entire site to he designated as general commercial. No. 12 The project will result in the removal of two currently occupied rental units, additional vacant units in the same complex are to be made available to the displaced occupants. JL 1 � w�vls CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 85-9 SENIOR CITIZEN REST IIOME I'U131,IC WORKS: 12-8.5032 1 Barton Road. a . Install curt), gutter and sidewalk along front of property and Gage Canal right of way. b•) Install new asphalt paving between new curb and existing pavement. C. Install sidewalks along Barton Road frontage. d•) Relocate power poles, as required, to provide for new curb and driveway openings. e•) All improvement plans shall be to the City Engineer's satisfaction. 2• Relocate power line easements that run north and south through property as necessary. 3. Provide driveway access to property west of the site. 4• Provide plans for and relocate all utilities serving the parcel to the south; not limited to sewer, water, telephone, electric,,Cable T.V., and gas. Relocate water lines as required by the Riverside Highland Water Co. 6• Install fire hydrants and fire protection as required by the Fire Department and Uniform Building Code. 7• Reed Street provide additional right-of-way dedication. a . Plans shall be prepared to Lhe City Engineer's satisfaction, 1)•) Install curb and gutter 18 fL, east of street centerline for the north 400 fL, c ) Instal] new a;pha]L 1`1vin8 between nee,, curb and ex)sLjn�, 1)av1118 4W 12 PUNNING: 1. 2. 3. 1+ 5. 6. 7. 8, 9. lU, r1' ) The (-wo ease and west streets i.n the ho.uszng development' south of this project are Lo be extended Lo Reed SLreeL Paves; widths shall be per l irc M�.11-5ha.11's requ3 remenLs. Provide easements for access and egress Lo parcel Lo south, and for access and egress through parcel Lo south. All uLiliti.es to be served underground. Pay all applicable fees. Building plans shall conform to the 1982 Uniform Building Code and all state regulations. One elevator shall be large enough to accommodate an ambulance litter. Plant landscaping as required by Section 18.27,160 of Title 18. Construct 6'' high curb between landscaping and vehicle area. Provide facilities to accept drainage from the Cage Canal right—of—way. Install sprinklers for all landscaped area. Maximum height of building shall be no more than 50 £t. Any signs shall be submitted for separate approval by the Planning Commission. Provide one parking space for each living unit, plus one for each employee. (ti A pedestrian walkway shall be provided from Lhe building to Barton Road. A 6 foot solid masonry wall. shall be installed along the westerly project boundary. (!nits shall be ranted Lo senior cit)zens only Conti I t i.on s o t' n(:)prova 1 12-8 So_l? ;F� S E P ;? i PLANNING 0CPARIM(N1 (3YH 1N n 1.5,:f7ESON MrIyc,y 0AI'MAIIA f'I"CI;t:1(;HAUSEN Mayor Pt,, 1 •rn co micit !.<<,r•J,rr IIUGII I G;-AI•II IILNNIS I. L /ANS SUSAN (.'n,..•/C0A0 11I01,4AS .1 SC."IWAO C,ry Mmnigor W.O. 12-8.5080 MEMORANDUM To: David Sawyer, Planning Directory From: Joseph Kicak, City Engineer Date: September 2, 1987 7 Subject: G.P. 87-3, S.A. 87-8 Barton 88 Partnership As condition of approval of the above project following are the recommendations to be considered by the Planning Commission: 1. Barton Road a) Design street improvements along Barton Road frontage b) Obtain the necessary clearances from Gage Canal Company and the City of Riverside to install said improvements over the Gage Canal within the Riverside Right of Way. c) Construct the improvements a.s approved by the CI.I_y of Grand 'Terrace, Gage Canal and City of Riverside, 2 A1. t�;n the cit .i.vew Jy fro' subject property as Clow) y as pos:,ibl.e With the souLherly exLens.i.oll of Canal. Street. j 1-rJy propul 11un,L� share ol.' trtlff>c S.LL!"als to be Instnllecl In, the (.1 Ly .11 t hu 11'Lersel.1 toil- Of 13�IrLon RWA and Cf7n 11 SI I c'c L ,ind 13,11 I un I\'(),;,l '11)cl Mt Vel 11on I)Clva.d SWgyej. SepLcnIhcI- Two 4. Record a one ]OL sllbdi.v.1s10n on the commercially zoned property Lo include Lhe 88 unit 'Terrace Retirement f-lotel property boundary. 5. Pay off any outstanding sewer bonds. 6. Comply With all of the City of Grand Terrace ordinances. 7. All improvements be designed by owner's civil engineer to the #4W specifications of the City. JK : wl L49 Cl UA— REPORT' DATE : - - ., - - STAFF 1.1%5/ --1987 C R A ITEM ( ) COUNCIL ITEM ( X� MEETING DATE: NOV i u 1987 AGENDA ITEM NO. SUBJECT CONSIDER EXTENSION OF T.J. AUSTYN'S TRACT MAP 13050 FUNDING REQUIRED NO FUNDING REQUIRED _ X 4 BACKGROUND On September 24, 1987, your Council considered a request from T.J. Austyn, Inc. for a one year extension on Tentative Map 13050. At that meeting your Council denied that request, however it was learned after the meeting that the applicant had not received notice of the meeting and therefore was not present at the time of your decision. Consequently, staff has scheduled this item for a rehearing by your Council. During the past few weeks, staff has been meeting with the applicant discussing possible alternatives to a total denial of the extension and is still working with the applicant at this time. According to the California State Map Act, if an applicant submits a timely request for an extension, they automatically receive a 60 day extension or until the City Council acts on the request which ever comes first. Such a request was submitted and 4 the 60 day period will expire on November 12, 1987, unless your Council extends this time period at this time. Attached to this report is an agreement prepared by the City Attorney extending the extension for the purpose of continuing the hearing only for a period of 45 days. This will allow staff and the applicant'to complete their discussions prior to a rehearing of this item by your Council. RECOMMENDATION The Planning Department recommends the City Council approve the attached agreement (Attachment A). Respectfully Submitted, David R. awv,i Planning Director COUNCIL AGENDA ITEM * �(�- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IVAN L. HOPKINS, City Attorney 22737 Barton Road, Suite 1 Grand Terrace, California 92324 (714) 783-4004 CITY OF GRAND TERRACE CITY COUNCIL R E C E I V E V PLANNING DEPARTMENT IN RE THE ,REQUEST FOR AN ) EXTENSION OF TENTATIVE TRACT ) STIPULATION FOR EXTENSION MAP 13050, PHASES 5, 6, and 7; ) OF TIME NOT TO EXCEED A APPLICANT T.J. AUSTYN, INC. ) PERIOD OF 45� DAYS The CITY OF GRAND TERRACE and the Applicant herein, T.J. AUSTYN, INC., DO HEREBY STIPULATE AND AGREE as follows: That the City'Council of the City of Grand Terrace shall continue the hearing on the above -captioned matter, scheduled to be heard on November 12, 1987. This Stipulation shall continue the Tentative Tract Map for the purposes of continuing the hearing only and shall not exceed a period of forty-five days (45). DATED: November 5, 1987. ATTEST: CITY CLERK -1- ayor APPROVED AS TO FORM: CITY ATTORNEY ATTACHMENT A 4 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 T.J. AUSTYN, INC.: By Gary Fudge, President By Robert C. Sangster Attorney for Applicant -2- DATE: Nov. 3, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM ( x) MEETING DATE: Nov. 12, 1987 ON PLANNED DEVELOPMENT PRIOR TO THE SUBJECT: DISCUSSION A GENERAL PLN AMENDEMENT ADOPTION -------------------- FUNDING REQUIRED NO FUNDING REQUIRED lace on the Agenda nested that staffop discussion and Mayor Byron Matteson has requested ments prior to our o that we may comply with the Brown g develop (s the issue of approving possible action, adoption of our General Plan Amendmen . TS:bt ��7 cm r DATE: Nov. 3, 1987 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: Nov. 12, 1987 SUBJECT: DISCUSSION REGARDING POSSIBLE CHANGES TO THE SCHOOL YEAR ------------------------------------------------------------------ FUNDING REQUIRED NO FUNDING REQUIRED X Councilman Hugh Grant has requested to be placed on the Agenda (in compliance with the Brown Act), for discussion and possible action, the possible change to the school year for the Colton Unified School District. TS:bt WUNCIL AGENDA ITEM 06 11 DATE: Nov. 3, 1987 S T A F F R E P O R T COUNCIL ITEM ( X) MEETING DATE: Nov. 12, 1987 CRA ITEM ( ) ON PLANNED DEVELOPMET PRIOR TO TH SUBJECT: DISCUSSION GENERAL PLAN AMENDEMENT ADOPTION--------- FUNDING REQUIRE NO FUNDING REQUIRED _ X� the Agenda lace on and requested that stat), for discussion to our Mayor Byron Matteson lhaWith the Brown Act), ments p may comply roving develop (SOpossible that we the issue of 'approving possible action, adoption of our General Plan Amendment. TS:bt Milli..